Protect Yourself Against USCIS Losing Your Immigration Application

By considering carefully what you're sending to U.S. immigration agencies, making photocopies, and mailing your application materials in a manner that will allow to you prove arrival, you'll maximize your chances of your application not getting lost forever,

By , J.D., University of Washington School of Law

When you have finally finished filling out immigration forms, perhaps to submit a visa petition on a family member's behalf or apply for your own green card, your first instinct might be to seal everything in an envelope and pop it in the mail. (Online filing is available for some immigration applications, but not all.)

Given the difficulties of dealing with a gigantic, slow-moving government bureaucracy, however, you should first take steps to protect your materials against loss and related problems. Here are three rules to remember before mailing anything to U.S. Citizenship and Immigration Services (USCIS), to a U.S. consulate, or to any other government office handling immigration matters:

  1. Make a complete copy for your files.
  2. Don't mail any original document unless you are certain that you have no choice.
  3. Mail your applications by a traceable method.

We will explain the reasons for these principles below, and how to successfully submit your application.

Make Complete Copies Before Mailing Documents to U.S. Immigration Agencies

Whether you use a photocopy machine or some sort of scanner, be sure to make copies or digital images of every page of every application, including any photos, documents, checks, and money orders that you plan to send in. All of these are important.

USCIS has been known to, for example, lose the checks that go with an application, demand replacements, and charge fees for bounced checks even when the agency was at fault (having told the applicant it lost the check but then attempted to cash it after the person canceled it and sent in a new one).

Carefully keep the copies you've made in your personal records. They will help you recreate these pages and items if they get lost in the mail or in the overstuffed files of some U.S. government office. Your copies might also help convince USCIS or the consulate to take another look for the lost items.

Don't Send Original Items to U.S. Immigration Agencies Unless Absolutely Necessary

Many immigration applications require that certain documents be attached. Some documents must be included in packets of forms and others brought to interviews. A copy is usually sufficient when you are mailing something in.

Whatever you do, do not send originals to USCIS or any agency unless you are specifically told that you have no choice. Your document could be lost forever.

Mail to U.S. Immigration Agencies by a Traceable Method

In any government agency, things get lost. The sorting of newly arrived applications seems to be a common time for them to disappear. If this happens to your application, it can become important to prove that you mailed it in the first place.

In the United States, one good option is Priority Mail from the U.S. Postal Service, which comes with a mailing receipt. Or, using a courier service such as FedEx or UPS is an excellent possibility, since they specialize in tracking. (Just make sure to send it to the government address for courier services, not the regular P.O. box.)

If mailing something from overseas, you will have to find out the most reliable method.

Finally, be sure to track your application through the system. See, for example, How to Ask About Delays in Your Green Card Application Process.

Getting Legal Help

Your application will be more safely handled if you hire an experienced immigration attorney to handle it. The attorney is accustomed to the complexities of preparing immigration paperwork and keeping client files, and can track your case through the immigration bureaucracy and monitor its progress toward approval.

Talk to an Immigration attorney.
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