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How can I request to change the receipt date of my I-526?

My I-526 was mailed out on Nov. 19, 2019, and I have proof of delivery to the USCIS PO box, dated Nov. 20, 2019. However, my I-797 notice says the receipt date is Nov. 26. Will this be an issue as I invested $500,000 and my notice says the case was received after the deadline, or is this a matter of procedure that the check was not cashed until that date?

Answers

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    This is not unusual but, make sure you address it soon. Your receipt date of Nov. 20 is the best defense against any ruling that your filing is not in compliance with the pre-November 21 requirements that you could invest just $500,000. Advisably, ensure your attorney correct this apparent discrepancy.

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    Vaughan de Kirby

    Immigration Attorney
    Answered on

    You are not alone with this problem. I recommend you follow up immediately with your investment immigration attorney who in turn will contact USCIS on your behalf.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    That is important to get straightened out but it is the priority date that will govern. Keep the proof of courier delivery and contact USCIS.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    You may be able to file a service motion if it becomes an issue. An immigration attorney can review and help plan for you.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    Your documented proof of delivery should control and your petition should be processed under the old rules ($500,000 for TEA). It is possible that, since USCIS received so many I-526 petitions before Nov. 21, 2019, its receipt system was overwhelmed and some errors occurred.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    The date of the receipt is not relevant. Read it again and see what filing date printed. This is is called the priority date. If the priority date is wrong, then you need to present evidence of timely delivery and have it corrected.

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