Elizabeth, NJ asked in Immigration Law for New Jersey

Q: Who will receive notice of receipt from USICS. lawyer or applicant? Filed late Dec. 2020.

My husband used a document preparation service and or lawyer to file his AOS. We filed late December 2020. Still no receipt, and cant get in touch with “lawyer” and or document preparer. I say lawyer and or document preparer because my husband says he’s a lawyer but I don’t think he is and he doesn’t advertise himself as a lawyer but as a document preparer. The suspense is killing be not knowing anything when we filled the I-130 we used the same person to file and received all receipts by mail, and email. This time were just waiting and waiting, and hubby doesn’t want to call USICS directly.

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1 Lawyer Answer
Kevin L Dixler
Kevin L Dixler
  • Immigration Law Lawyer
  • Chicago, IL

A: The delay may not be an issue. This is due to challenges resulting from the last U.S.C.I.S. Administration. You should be notified, but usually the applicants are notified if their address appears on the forms as the mailing address.

A document preparer is 'not' a U.S. licensed attorney. A person who selects documents, then provides advice and instruction on what to file with the forms likely engages in the 'unlawful' practice of law. The Federal Government lacks the resources and the commitment to enforce the regulations that bar non-attorneys. If you have paid a non-attorney, then it is unclear whether the forms were filed until you have the U.S.C.I.S. receipt. The applicant, not the preparer, is responsible for all misrepresentations on a form. The State of New Jersey tries to prevent this unlawful conduct before it impacts intending immigrants and their families. https://www.njconsumeraffairs.gov/News/Pages/11092018.aspx

You may want to find a competent and experienced immigration attorney like this office. You should get copies of all forms and evidence that the preparer sent to U.S.C.I.S. If not, then you should request it! Otherwise, it can take months, perhaps longer to get copies from the D.H.S. It can even delay processing of the forms.

The above is general information, not legal advice, and does not create an attorney client relationship.

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