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When is an I-526 petition considered filed?

How is the I-526 receipt date determined? If an investor ends up getting an RFE on their petition, does it affect the filing date?

Answers

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    James Yang

    Immigration Attorney
    Answered on

    The I-526 receipt date (often also the priority date) is determined by the time/date that USCIS receives your package in its processing. Any RFE or prolonged adjudication will not affect the receipt date.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    Receipt date refers to the date USCIS receives an application; this is essentially when USCIS considers an application to have been filed. An RFE does not affect the official filing date of an application.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    The filing date or priority date is the date that the I-526 petition is properly filed with and received by USCIS. USCIS will issue a receipt notice containing the filing date. The issuance of an RFE does not affect the filing date. Filing dates are important because they determine an investor's place in the queue while waiting for an available immigrant visa number. For persons born in all other countries except China, the priority date is current and an immigrant visa number is available.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    The filing date that will show up on the receipt notice is the date that USCIS has received the petition package and entered it into their system as a new case. This could be a couple of days or so later than when your lawyer sent the filing to them, depending on the delivery method. A RFE issued does not affect the receipt date.

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    Richard A Gump, Jr

    Immigration Attorney
    Answered on

    The petition is considered filed when USCIS receives the petition and filing fees. A receipt notice is generated and sent to the petitioner via mail. The receipt notice will contain the receipt date. This date does not change if an RFE is issued or if the case is transferred to another USCIS service center. The receipt date is also the priority date for visa availability issues.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    The "priority date? is noted on the receipt notice. That is the key date for obtaining the conditional green card. It is usually about the same date as it is received by USCIS via mail/FedEx.

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    Barbara Suri

    Immigration Attorney
    Answered on

    The I-526 is considered filed when USCIS acknowledges its receipt on the Form I-797, which indicates the date of receipt and payment amount. The RFE does not affect the filing date. The RFE indicates its own dates: when it was issued and the date by which response must be submitted.

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    Charles Foster

    Immigration Attorney
    Answered on

    The I-526 petition is considered filed on the date of receipt by the CIS Regional Office. Typically, it is determined by the date on the notice that is issued. An RFE does not affect the filing date.

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    John J Downey

    Immigration Attorney
    Answered on

    The RFE will not affect the filing date. The filing date will be shown on the receipt sent to you by USCIS.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    The date of filing is the "Date Received" indicated on the receipt notice (form I-797) issued by USCIS upon filing of the I-526 petition. The issuance of the RFE does not change your date of filing as far as tracking the processing time of your petition is concerned; however, an issuance of an RFE and your response may lengthen the adjudication period.

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    Vaughan de Kirby

    Immigration Attorney
    Answered on

    USCIS determines the receipt date based on when the I-526 is processed by USCIS. Your filing date will remain the same even if you receive an RFE - this will be your priority date.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    The I-526 petition is considered filed when it is received by USCIS. The receipt notice will show a received date. An RFE generally delays the overall processing time. Depending on the complexity of issues in the RFE, it may on average take a few weeks to several months to get a decision.

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    Raymond Lahoud

    Immigration Attorney
    Answered on

    The date of the I-526 receipt is what creates the priority date. The RFE does not reset the priority date.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    The priority date is the day the petition was accepted and is not impacted by an RFE, it is only lost by denial.

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