Introduction
In this article, we will examine issues related to the non-delivery of a card issued by the United States Citizenship and Immigration Services (USCIS). By this, we mean a situation where USCIS has granted a benefit to an individual but the individual does not receive the associated card documenting that benefit in the mail.
Please note that this issue is distinguishable from one in which an individual either loses his or her USCIS-issued card or receives a USCIS-issued card with incorrect information. Please see our full article to learn about replacing Employment Authorization Document (EAD) cards in those scenarios [see article].
Non-Delivery of a USCIS-Issued Card Form
The USCIS has a special webpage with an online form for reporting the non-delivery of a benefit card and applying for a replacement. The URL as of June 4, 2017, is: https://egov.uscis.gov/e-request/displayNDCForm.do?entryPointinit&sroPageTypendc
You may see a PDF of the page as captured on June 4, 2017, here: [PDF version].
The USCIS explained that, when an immigration benefit request is granted or a replacement/renewal USCIS-issued card is approved, the USCIS generates and mails the card to the applicant. However, mail is not foolproof, and the USCIS acknowledges that “sometimes the card is not received” by the beneficiary. In such cases, the individual may use the online “Non-Delivery of Card” form to apply for a replacement.
First, the USCIS states that individuals should not submit requests using the Non-Delivery of a Card form for recently approved applications. Rather, an individual should “allow approximately 120 days” to receive a new card. However, please note that elsewhere on the USCIS site, it recommends 30 days for those making service requests for non-delivery of an employment authorization document [see article]. Applicants may use the USCIS’s online “My Case Status Tool” to check on the status of their cards. Once the USCIS mails the card, the applicant “should be provided with a United States Postal tracking number.”
What Information is Needed?
The USCIS lists the information that an applicant will need in order to make an inquiry using the Non-Delivery of Card form:
Receipt number (indicating approval of benefit request);
A-Number (if applicable);
Date when filed;
Application or Petition filed; and
That the item that was not received.
What Forms Does this Apply to?
The Non-Delivery of Card form may be used to file inquiries regarding cards mailed based on the approval of the following forms:
CRI89;
I-181;
I-485;
I-751;
I-765;
I-829;
I-90; and
OS155A.
Filling Out the Form
The Non-Delivery of a Card form is straightforward, containing fields for applicants to include all of the requisite information. The form may be completed by the applicant or petitioner, a legal representative, or a parent or guardian.
Conclusion
An applicant who has not received his or her USCIS-issued card within 120 days should move to submit an inquiry with the USCIS. In general, possession of the card will be necessary in order for the applicant to make use of an immigration benefit. When in any doubt, the applicant should consult with an experienced immigration attorney for guidance. An attorney may assist in contacting the USCIS. Furthermore, an attorney may offer guidance on how the non-delivery of a card affects the applicant’s immigration situation, including helping the applicant avoid taking any actions that would potentially endanger his or her status. One notable example is if an applicant does not receive his or her EAD for which he or she was approved. In such a scenario, the applicant should consult with an experienced immigration attorney for case-specific guidance before proceeding to engage in employment if he or she has no other authorization to do so. Please see our full article on the subject to learn more about these issues [see article].
