Jun 25 2007

USCIS Announces Revision in Direct Filing Instructions for Various Forms

Last week, USCIS announced new direct filing procedures for a range of immigration forms that, last year, were transitioned into the Bi-Specialization initiative. ‘Direct filing’ means that applicants would be required to file their petitions and applications with the service center that will be processing their cases, based on the location of their place of temporary employment or residence. That service center would also generate the receipt notice and complete all aspects of the adjudication of their application/petition.

These direct filing instructions refer to Forms I-129F, I-131, I-140, I-360, I-485, I-765 and I-907.

On and after July 30, 2007, petitioners should file all Forms I-140 (and, at the same time, I-907, if seeking premium processing), along with I-485 (and the related forms I-131 and I-765) with either the Nebraska Service Center or the Texas Service Center. The previous instructions called for all of these forms to be filed solely to the Nebraska Service Center. Please note that the location to file a Form I-907 to upgrade a currently pending Form I-140 to premium processing will not change. That form should be filed to the location where the Form I-140 is currently pending adjudication.

Petitioners should file Form -129F with either the Vermont Service Center or the California Service Center, depending on the residential location of the petitioner. It does not matter whether the form is filed for a K-1 fiancée visa or a K-3 spouse visa. Current filing procedures call for the filing of K-1 petitioners to all four Service Centers and the filing of K-3 petitions to the Chicago Lock Box.

USCIS will soon release new forms that include these updated filing procedures. Please note that USCIS will accept all of these forms, if they are submitted to the new locations prior to July 30, as long as all other aspects of the forms are correct.