New USCIS Policy Requires Original I-797 Approval Notices to be Sent Directly to Petitioner/Applicant, Not Attorney of Record, i
|
By
Verma Law Firm
Earlier in the year, USCIS notified the American Immigration Lawyers Association
(AILA) that there would be a change in the processing of the I-797 approval
notices and mailing of the “courtesy copy” notices. Instead
of receiving the original approval notices as in past practice, the attorneys
of record began to receive the “courtesy copy” of the approval
notice. The petitioning company/applicant received the original approval
notice. This change created many complications for immigration practioners
and clients alike, and prevents attorneys from efficiently representing
their clients. On October 3, 2011, AILA sent a letter to the Director
of USCIS requesting rescission of this new practice. In this letter, AILA
laid out an argument for its objection to the change, including an argument
that such a change violates the Code of Federal Regulations. On October
20, 2011, USCIS announced that it had reconsidered this new policy. USCIS
acknowledged that due to unforeseen negative consequences, it would be
reverting to its previous practice of sending the original approval notice
directly the attorney or accredited representative listed on the Form
G-28. The change will take approximately 6 weeks to go into effect.
