Question #6: Should we count 180 days from notice date or received date?
Carl Shusterman: The law is not specific as to when the 180 day period begins.
The law says that the application for Adjustment of Status must have been "filed" and remained unadjudicated for 180 days or more. The question is what does the word "filed" mean? Although I would argue that the filing date is the day that your application was mailed to the INS, the INS may opt to use the receipt date when regulations are issued. My experience working for the INS in the late 1970's and early 1980's has convinced me that there are certain people in INS Headquarters in Washington D.C. who will always adopt the interpretation which is most antithetic to the interests of the immigrant. Unfortunately, some of these people write the INS regulations.
Carl Shusterman: The law is not specific as to when the 180 day period begins.
The law says that the application for Adjustment of Status must have been "filed" and remained unadjudicated for 180 days or more. The question is what does the word "filed" mean? Although I would argue that the filing date is the day that your application was mailed to the INS, the INS may opt to use the receipt date when regulations are issued. My experience working for the INS in the late 1970's and early 1980's has convinced me that there are certain people in INS Headquarters in Washington D.C. who will always adopt the interpretation which is most antithetic to the interests of the immigrant. Unfortunately, some of these people write the INS regulations.
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