Based on concerns raised by members that USCIS’s instructions on the filing of Form I-485 with Form I-944 were unclear as to what would happen to applications received on October 13, 2020, and what is meant by “received”, AILA asked for additional clarification from USCIS. In response, USCIS updated its instructions to read:
If you filed your Form I-485, Application to Register Permanent Residence or Adjust Status, after Feb. 24, 2020, you may be required to file Form I-944, Declaration of Self-Sufficiency. If we receive a Form I-485 on or before Oct. 13, 2020, that does not have all required forms and evidence, we will request any missing forms and evidence. After Oct. 13, 2020, we will reject your Form I-485 if you do not include the required forms and evidence with Form I-485 at the time of filing. We will also ask for any missing evidence for Form I-129, Petition for a Nonimmigrant Worker; Form I-129CW, Petition for a CNMI-Only Nonimmigrant Transitional Worker; Form I-539, Application to Extend/Change Nonimmigrant Status; and Form I-539A, Supplemental Information for Application to Extend/Change Nonimmigrant Status.
USCIS has not addressed the question about whether “receive” means that the application must physically arrive at the filing location on or before October 13 or whether it has been receipted on or before October 13. AILA continues to seek clarification.
AILA Doc. No. 20073141
