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[Q] What is the definition of "filed" date for the purpose of timely filing a petition or application to USCIS?


Under 8 CFR 103.2(a)(7), the “receipt date” is the date on which the properly completed petition or application was actually received by USCIS, accompanied by the required filing fee.

(i) General. An application or petition received in a USCIS office shall be stamped to show the time and date of actual receipt and, unless otherwise specified in part 204 or part 245 or part 245a of this chapter, shall be regarded as properly filed when so stamped, if it is signed and executed and the required filing fee is attached or a waiver of the filing fee is granted. An application or petition which is not properly signed or is submitted with the wrong filing fee shall be rejected as improperly filed. Rejected applications and petitions, and ones in which the check or other financial instrument used to pay the filing fee is subsequently returned as non-payable will not retain a filing date. An application or petition taken to a local USCIS office for the completion of biometric information prior to filing at a service center shall be considered received when physically received at a service center. (Amended effective 6/18/07; 72 FR 19100 ) (Amended 6/1/01; 66 FR 29961)