\ afm \ Adjudicator's Field Manual - Redacted Public Version \ Chapter 10 An Overview of the Adjudication Process. \ 10.1 Receipting and Acceptance Processing.
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10.1
Receipting and Acceptance Processing.
(a)
Receipting of Applications and Petitions at Service Centers
.
The procedural steps below pertain to applications and petitions in general. Since all service centers have contractor personnel handling mail, file and data entry, this segment deals with receipting requirements only in very general terms. The service centers have specific, detailed, written operating procedures (SOPs) which describe the functions to be performed by contractor personnel within the scope of the support services contract. These SOPs are included as appendixes to this manual. Proceed to the
instructions for any individual form type to review the special instructions for that form.
(1)
Open In-coming Mail; Deposit Fees
.
Since in-coming mail often contains fees, the in-coming mail room is a secure area, with access limited to specified personnel. Mail should be opened the same day it is received. When this is not possible, arrangements must be made to record the actual date on which the mail is received from the post office or private courier so that the receipt date can later be recorded on the application or petition itself. The receipt date is important to ensure fair, chronological processing and to enable efficient c
ase tracking. Most importantly, the receipt date may be critically important in determining an applicant’s legal eligibility for a particular benefit. It is important that all mail be opened; fees removed, logged and deposited; and initial data entry completed as soon as possible.
(2)
Screen for Applications and Petitions Which Must Be Rejected
.
[Chapter 10.1(a)(2) revised 01-19-2010]
No application form may be accepted for processing unless it is completed and signed and the proper fee submitted. See
8 CFR103.2(a)
. If, subsequent to receipting, a check submitted for payment is returned as uncollectible, the receipt (priority) date is forfeited. Rejected applications receive an "R" or reject number in the CLAIMS tracking system. Because rejection occurs before completion of CLAIMS data entry, the system maintains only skeletal information concerning rejected applications and petitions. If a rejected application is later resubmitted, process the case as if it had never been submitted.
Although the instructions for each type of application or petition specify where that application or petition is to be submitted, submission to an incorrect office (or incorrect post office box where more than one box is used by a service center to sort cases by application type) is not a reason for rejection. Such cases should be receipted and routed to the appropriate office for processing.
(3)
Affix Bar Code
.
Affix the CLAIMS bar code receipt number on the application and forward the case for data entry and file creation.
(b)
Receipting of Applications and Petitions at Local Offices
.
The following local office receipt processing steps pertain to applications and petitions in general. Some field offices have contractor personnel who perform some of the receipting functions; in other offices
USCIS
employees handle all mail, file and receipting activities. This section applies generally to all field offices, but does not supersede the specific written procedures followed by contractor personnel engaged in receipting activities or local procedures in place for
USCIS
personnel involved in receipting applications and petitions. In field offices cases may be filed either in person at an information counter or drop box, or by mail. Cases which are mailed or left in a drop box are handled in a manner similar to service center cases, as described above. Cases which are filed at an information counter are generally reviewed by an information officer prior to acceptance. The information officer may screen a case more thoroughly, checking for required documentation and basi
c eligibility, in addition to the basic screening for signature and correct fee. At the end of this paragraph is a list, by form number, of applications and petitions which require special processing. Click on any individual form number to jump to the special instructions for that form.
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Note
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If a completed application is signed and the fee is attached or waived, but the information officer identifies missing documentation or believes the applicant is ineligible for the benefit sought, the case
must be accepted
if the applicant insists on filing. The information officer should explain what is missing or why the applicant is ineligible and suggest an appropriate remedy. However, if the applicant remains insistent on filing, the case should be accepted and a note attached for the adjudicator explaining the deficiency.
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Note
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If a completed application is signed and the fee is attached or waived, but the information officer identifies missing documentation or believes the applicant is ineligible for the benefit sought, the case
must be accepted
if the applicant insists on filing. The information officer should explain what is missing or why the applicant is ineligible and suggest an appropriate remedy. However, if the applicant remains insistent on filing, the case should be accepted and a note attached for the adjudicator explaining the deficiency.
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(c)
Initial Evidence Requirements
.
[Chapter 10.1(c) update effective June 18, 2007]
Certain requirements must be met before USCIS may consider an application or petition for possible approval. The instruction sheet for an application or petition includes requirements for proper filing of each type of application or petition. Every application or petition, regardless of the benefit sought, must include complete information in all required blocks, be signed, and – unless the fee is waived – include the correct fee.
If an application or petition lacks the required initial evidence, USCIS may deny the incomplete application or petition, though adjudicators are urged to exercise this option judiciously, or issue a request for evidence (RFE). USCIS may assign flexible times for applicants or petitioners to submit a response to an RFE. See
Appendix 10-9
. However, the maximum time to respond cannot exceed 12 weeks. 8 CFR 103.2(b)(8)(iv).
If an applicant or petitioner does not respond to an RFE by the required date, USCIS may:
·
Deny the application or petition as abandoned; or
·
Deny the application or petition on the record; or
·
Deny the application or petition for both reasons.
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Note
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See
Chapter 10.5
for a detailed explanation of requests for evidence and responses to a notice to deny.
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(d)
Data Entry and File Management
.
After receipting new cases are sent for data entry, central index checks, lookout checks, and file creation or requests. The following general steps should occur:
(1) The application and supporting documents are housed in a file jacket. Offices using the CLAIMS receipting system label the file jacket with a bar code label bearing the CLAIMS receipt number. Required data entry is completed. Data elements required for each type of application are prompted by the CLAIMS receipting screen for the specific application/petition type. [See CLAIMS Users Manual for details.] Relating files, such as family members or group members, should be bundled together.
(2) CLAIMS will automatically search for and request any existing file on the applicant or beneficiary, but not on a petitioner or other related party. Such requests must be manually initiated by the adjudicating officer, if he or she deems it appropriate. Attach relating files to the receipt file prior to forwarding the case for adjudication. Forward cases not requiring a new or requested "A" file prior to adjudication immediately after data entry.
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Note
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A new "A" file is opened only for adjustment of status cases (
I-485
) and asylum cases (
I-589
) where no such file already exists. An "A" file may be later created for other types of cases in certain instances, such as when a case is being denied and removal proceedings are being initiated. Adjudication of a case using a “T” (temporary) file may proceed if a permanent file cannot be located. Generally, if a permanent file cannot be located within 90 days, the temporary file is used. A note should be placed in the file by the adjudicating officer whenever such action is required.
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