Which date does USCIS consider as "date of filing" for concurrent filing (I-130and I-

[done]

I understand that with a concurrent filing (I-130 and I-485 together) for an LPR for an immediate relative (parent of adult US citizen in my case) they can stay beyond the end of their 1-94 date without having to apply for an extension of the current 1-94 date. My query is: does the USCIS count the a)postmark or b) date of receipt at the lockbox or c)date of official receipt (i.e., date when they open the envelope and open a file as the "date of concurrent filing"? for example, if I mail the I-130 and I-485 on June 1, it reaches the Chicago lockbox June 2 (their 1-94 expires on June 10), which date does the USCIS consider as the date of filing? Please include source of your info. if at all possible, please?

[inadmissible]

Date as stated on the official receipt, which should be the date it arrives at the lockbox

Please include source of your info. if at all possible, please?

The relevant Code of Federal Regulations, 8CFR103.2(a)(7) states, [quote]USCIS will consider a benefit request received and will record the receipt date as of the actual date of receipt at the location designated for filing such benefit request whether electronically or in paper format. A benefit request which is rejected will not retain a filing date

The Adjudicators Field Manual Chapter 10.1 states,

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 case 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

https://www.uscis.gov/ilink/docView/...-0-0-1095.html The AFM has since been deprecated by the USCIS Policy Manual, but the portion of the policy manual addressing this has not been made public

[done]

Thank you!

[QUOTE=inadmissible;490644]Date as stated on the official receipt, which should be the date it arrives at the lockbox



The relevant Code of Federal Regulations, 8CFR103.2(a)(7) states,

USCIS will consider a benefit request received and will record the receipt date as of the actual date of receipt at the location designated for filing such benefit request whether electronically or in paper format. A benefit request which is rejected will not retain a filing date

The Adjudicators Field Manual Chapter 10.1 states, https://www.uscis.gov/ilink/docView/...-0-0-1095.html The AFM has since been deprecated by the USCIS Policy Manual, but the portion of the policy manual addressing this has not been made public

Thank you very much! The links and your thorough responses are invaluable!

[newacct]

It's the date it's officially received, which is usually no more than a day or two after it's delivered to them.

But in your case, when it's filed doesn't matter. It doesn't make any difference for the AOS if it's filed before their status expires, or after their status expires, or even years after their status expires.