6/2/2009

1. Question: At the last meeting, a number of attendees noted a very high rejection rate for N-400 fee waivers submitted to the Lockbox. USCIS committed to investigating the issues. Can you provide an update? In addition, can USCIS confirm what guidance is being used in the adjudication of these requests? 

Response: We will complete a review this week of the discretionary fee waiver process at our Phoenix and Dallas Lockbox facilities. As part of our review, if USCIS determines that a previously denied fee waiver request warrants review and approval as a matter of discretion, we will send notices to individual applicants requesting that they resubmit the fee waiver request with their N-400 application to USCIS for processing. Such notices will be going out next week. Although the review used existing guidance within Chapter 10.9 of the AFM, we continue to review the guidelines for adjudicating discretionary fee waiver requests and anticipate issuing updated guidelines in the future. 

2. Question: How are applicants informed if fee waiver requests are approved, denied, or if there is additional information needed to support a request? Is a Form I-797 (notice of action) generated that reflects what the decision is with respect to the fee waiver request?

Response: If the fee waiver is accepted, the applicant with receive a “Receipt” notice that will state the application was received and is in process. The Receipt notice also notes what payment was received for the applications and if the amount is $0, the fee waiver was approved. If the fee waiver is denied the applicant will receive a Reject notice explaining that the application was rejected because no fee was submitted as well as a G-1054 that states the Fee waiver request was denied because the person was either not eligible for the fee waiver or additional informational information is needed. It is important to note if the fee waiver is rejected for other reasons, such as no signature, the fee waiver request is not adjudicated nor is a G-1054 included if an application is rejected for other reasons. The reason for rejection would be on the Reject Notice. As a caution to for any future submissions: if requesting a fee waiver, please do not use red ink to state you are making a fee waiver request. The scanner used at the Lockbox facilities does not pick up the red ink.

3. Question: Many clients use a "care of" address to receive their mail, and even though we fill out the c/o line on the relevant form, the c/o name often does not appear on mail addressed to the client. Clients have had EADs and Form I-551s returned to USCIS as undeliverable because the c/o name was not on the envelope. If a name is placed on a c/o line, it should appear on all mail addressed to the applicant. Please note also that some forms, such as the I-765, do not have a s eparate line for a c/o name. 

Response: In accordance with 8 CFR 103.2(b)(19), it is the practice of USCIS to mail documents directly to the applicants or petitioners. If the applicant's address includes a c/o line we do not delete it, that is where the produced documents will be mailed. 

4. Question: For several I-751 and I-129F petitions recently filed with the Vermont Service Center, we have noticed that I-797 receipt notices are only being sent to the applicant's representative. In the past, with other Service Centers, both the applicant and the representative have received copies of these notices. What is the Vermont Service Center's policy on the issuance of receipt notices and other correspondence when an applicant is represented by counsel? To whom will these notices be sent?

Response: The Vermont Service Center does not have a separate receipting policy. The two USCIS systems used for receipting the Forms I-751 and I-129F have separate capabilities. The USCIS MFAS system that the I-751 is processed in produces only one receipt notice. When a G-28 is filed with the I-751, the attorney’s address is prioritized and will receive the only receipt notice. For the Form I-129F, the USCIS CLAIMS system will print a receipt notice for both the I-129F petitioner and their attorney, if a G-28 is filed. 

5. Question: How do the Nebraska and Texas Service Centers view marriages that take place in refugee camps which may not be registered with the civil authorities of the countries where the camps are located. For example, if a marriage takes place in a refugee camp in Thailand and is conducted by the camp authorities, but is not registered with the local District Office as is normally required of marriages taking place in Thailand, will USCIS recognize the marriage for purposes of an I-730 refugee/asylee petition? If so, what type of evidence should be submitted (affidavits, photos)? 

Response: The marriages could be valid for immigration purposes. In the refugee context, the Service has previously taken the position that the failure to formally perfect/register a marriage may not invalidate the marriage for immigration purposes if the failure is related to the flight from persecution. If the refugees are prevented from registering their religious, tribal, or customary marriages with the government due to circumstances beyond their control, and the reasons are related to the persecution of this group, the marriages may still be valid for immigration purposes. 

Examples of circumstances beyond the couple's control and relating to the flight from persecution would include inability to access host country institutions due to refugee camp policies or conditions, discriminatory government policies or practices, and other consequences of the flight from persecution. Additionally, a couple who has been prevented from formal perfection of the marriage must also show other indicia of a valid marriage. The relevant considerations may include: holding themselves out to be spouses, cohabitation over a period of time, children born to the union, and the color of a marriage ceremony. See Matter of Coletti, 11 I&N Dec. 551, 556 (BIA 1965) (setting forth these factors, and holding that the absence of a formal perfection of a religious marriage did not invalidate marriage for immigration purposes)