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Greg Siskind on Immigration Law and Policy

BAD CUSTOMER SERVICE OUTRAGE OF THE DAY: USCIS REVISES KEY FORMS WITH NO PHASE IN PERIOD

Rating: 2 votes, 5.00 average.

Does it seem like there is something like this coming out almost every day? My friend Dan Kowalski, the esteemed editor of the excellent Bender's Immigration Bulletin, just sent me a note from Robert Gard, a lawyer with the Azulay firm in Chicago (of Visa Bulletin litigation fame), noting that USCIS posted three new forms today on their web site and is mandating that only the new versions of those forms can be used. USCIS normally allows a previous version of a form to be used for a phase in period while immigration forms case management system can code for the new version and send their subscribers the necessary upgrades. And many people download a form, work on it for a bit and then send it in so at least a reasonable period of time is needed for an old version of a form to be used.



The new forms are the I-765 for employment authorization requests, the I-129F for fiance visas and the I-290B Notice of Appeal. The I-765 is the one of greatest concern right now. Hundreds of thousands of those forms are being filed in conjunction with adjustment applications being filed pursuant to the July Visa Bulletin.



The cynic in me says that USCIS made this little change for the sole purpose of punishing people taking advantage of the July Visa Bulletin. I hope I'm wrong, but USCIS owes an explanation and also needs to immediately instruct the service centers to continue accepting the form for a reasonable period of time as has been their long standing practice. In fact, they posted a number of other additional forms
today and said that previous versions were acceptable.

>>

For many of you who use case management systems, you should note
that USCIS posts their forms in fillable acrobat format so you can type on the
screen and print the form off without the need to scan or use a typewriter.
Until USCIS reverses itself, you need to use the new version available at the USCIS
site and wait on your forms management software company to send you an update.



[UPDATE: A reader made the good suggestion to put a link to the correct forms. They're all at USCIS, but the one most of you care about right now - the I-765 - is at http://www.uscis.gov/files/form/I-765.pdf]



[UPDATE 2: Someone in my office said that the barcode in the new form may not show up properly in versions of Acrobat Reader earlier than version 8, the latest version.  To be safe, I would recommend download Adobe's latest free version of the Acrobat reader software.]
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Comments

  1. YourFan's Avatar
    It seems there is no end to this absurdity!
  2. Satish 's Avatar
    Greg

    Can you please post a link to the correct form as of today

    Is this the correct one ...

    http://www.uscis.gov/files/form/I-765.pdf
  3. YourFan's Avatar
    Seems like they added a barcode at the bottom.
    Nothing else looked changed to me.
  4. Greg Siskind's Avatar
    The form has barely changed which makes it even sillier that they are forcing this version of the form to be used. The average person will likely not notice that it has changed which makes it more likely that the wrong version will be submitted.
  5. Henry's Avatar
    My! I sent out I765 together with my I485 last Saturday. will they reject my I765 application?
  6. Calouste's Avatar
    So according to USCIS, if someone send off an I-765 form in the mail last Friday 7/27, it will be invalid by the time they receive it today?

    I'm sure a judge is going to have fun with that point of view, if USCIS is stupid enough to enforce that rule.
  7. Greg Siskind's Avatar
    See my latest post. It looks like it will be okay.
  8. Satish 's Avatar
    The "new 765 form" talks about interim EAD.. Greg you think is that true..
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