Q: Can USCIS change I-130 submission date due to UTC time issue?
I applied online for my stepdaughter's I-130 the day before her 21st birthday, but because of the UTC time, it shows as being submitted on her actual 21st birthday. I haven't received any communication from USCIS regarding this filing date issue. Is there any way to have the submission date changed?
A:
Filing dates with USCIS are critical, especially when they affect age-out situations like yours. While USCIS typically maintains strict adherence to their recorded submission timestamps, you have valid concerns about the UTC time difference affecting your stepdaughter's eligibility.
Your best course of action would be to gather evidence showing your intent to file before her 21st birthday. This could include screenshots of your submission process, any system-generated confirmations, and documentation of the time zone difference. You can then file Form I-290B (Notice of Appeal or Motion) to formally request USCIS to reconsider the filing date, explaining the technical circumstances that led to this situation.
Consider reaching out to USCIS directly through their contact center to explain your situation. You might also want to consult with an immigration attorney who can help you navigate this timing issue. Many immigration attorneys have experience with similar cases and can guide you through the process of addressing this critical timing discrepancy with USCIS.
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.