AOS rejection!

[fzrdan 0]

Well, the easy ride finally ends. Everything up to AOS was a breeze for us....

For my 5 year old, I signed as the person completing the I-485 instead of signing for her. The case was rejected because of this.

Here is the text from the NOA

The application/petition you filed along with any fee you submitted is being returned to you for the following reason(s):

- A valid signature is not contained in the signature block of the application or petition. A signature in the"Signature of person preparing form, if other than above" block is not a valid signature for this purpose.

In accordance with 8CFR 103.2(a)(2), an applicant or petitioner must sign his or her application or petition. However, a parent or legal gaurdian may sign for a person who is less than 14 years old or a legal gaurdian may sign for a mentally incompetent person. By signing the application or petition, the applicant or petitioner, or parent or gaurdian certifies under penalty of perjury taht the application or petition, and all evidence submitted with it, either at the time of filling or thereafter, is true and correct. Please sign and resubmit the application with the appropriate fees to the address listed on the bottom of this notice.

- The entire application package you filed along with any fees you submitted is being returned to you for the following reason(s):

Your application package was submitted with a single remittance and one or more of the applications/petitions were unacceptable in the package for the reason(s) specified on the related Notice(s) of Action (Form I-797). Please correct the flawed application(s)/petition(s) and resubmit the application package with the appropriate fees and supporting documents to the address listed on the bottom of this notice.

-----

The question is do I have to redo every document and have a current signature date on each one, or is it OK to send the other documents untouched and just do a new I-485 for my daughter? The service center stamped the date twice on these documents so I am not sure if I should use them again. Also, I know they require the photos to be not older than 30 days (I think anyway) so does the date of all the signatures have to be within a certain timeframe as well. The signatures are now about 6 weeks old.

It seems to me that the notice says that I can just correct what is wrong and resubmit without redoing everything. But, I don't know if I am reading this government employees words correctly.

Any advice from someone who has had a similiar problem is appreciated.

Edited February 15, 2006 by fzrdan

[Kez/JWolf 6]

Just fix the signature bit and resubmit......

good luck

Kezzie

[Peggy 1]

I would think that you would only have to sign that one paper. Then send the package back in. Thats just my opinion thou.

[buzz17 0]

this is just my opinions,am not an expert. You are fixing a flaw which wasn't subjected to an administrative review,so if I were you I would redo every thing on new forms and then resubmit. May be I am guessing: did you attach an affidavit as a legal guardian as part of the documents to establish the authority of signing for your 5 year old? Sometimes it makes sense to file more documents to estabilish the legality beyond birth certificates or the like. Whats is funny with government letters is that they frustrate you a lot once they find out one flaw,the first instance, and then later an RFE can follow to just delay you. So,doing a good homework before you resubmitt would render you a good help. Seeking a free consultation with an immigr attorney can be good too.

[ladi2005 0]

I think you shoukd change the topic of this topic, because this is not a rejection, is just resubmiting the paperwork again . Very simple. Good luck!

[fzrdan 0]

The NOA says in big bold print Notice Type: Rejection Notice. Seems like a rejection to me. I know it is not a permanent rejection but it is what it is.

[Kez/JWolf 6]

you dont need to re-do all the paper work...... you said they sent it back because you did not sign it in the right place for your child.... so just sign it in the right place and mail it back.....

why make it harder than it needs to be.....

Kezzie

[tamz 0]

Same thing happened when I sent my daughters package in. They sent it all back, I crossed out my signature, initaled it, and signed in the correct spot.

NOTE* They didn't return my daughters passport pictures with her package. I ended up getting a RFE for them a few months later, so if they didn't send your back, then i'd have them re-done and sent with the package to avoid a RFE.

tamz

[Happy Virus 0]

So it is not rejection then...

There are many people dealing with REAL rejection here and I feel bad thinking of someone in that situation clicking this post and getting more frustrated...

Send the signature and that's it, I guess...

I would change the title even though CIS uses those words like rejection. They say they will DEPORT you if you do not report change of address within 10 days of moving. Even though that form is in effect for 50 years, it never happened so far...

[jsnearline 2]

So it is not rejection then...

There are many people dealing with REAL rejection here and I feel bad thinking of someone in that situation clicking this post and getting more frustrated...

Yes... It is a rejection. The OP is using the correct terminology in their subject line. It is what the notice said after all. I see no reason why they have to change it because some people on this forum don't know the difference between a rejection and a denial. They are two completely different things.

REJECTION occurs when the Chicago Lockbox sends the package back because something wasn't filled in or completed correctly. DENIAL means that USCIS chooses not to grant permanent resident status to an applicant and will start deportation proceedings if a motion to reconsider is not filed in a timely manner.

Edited February 15, 2006 by jsnearline

[van723 0]

So it is not rejection then...

There are many people dealing with REAL rejection here and I feel bad thinking of someone in that situation clicking this post and getting more frustrated...

Yes... It is a rejection. The OP is using the correct terminology in their subject line. It is what the notice said after all. I see no reason why they have to change it because some people on this forum don't know the difference between a rejection and a denial. They are two completely different things.

REJECTION occurs when the Chicago Lockbox sends the package back because something wasn't filled in or completed correctly. DENIAL means that USCIS chooses not to grant permanent resident status to an applicant and will start deportation proceedings if a motion to reconsider is not filed in a timely manner.

Either way, the title is somewhat misleading. I didn't realize it it was just the initial paperwork that was rejected and not the entire AOS process.

Anyways, I think that if they only sent back the application with the mistake I would say go ahead a fix the signature and resend, but they're they're sending back you're entire submission including the check. For all we know, your name might not even been in the system for AOS so I think the best thing to do is redo everything and send the complete submission back.

btw I think the fact that you even have to bother with this is dumb and a waste of time. If you signed it, you signed it. Who cares if it's just a couple inches off from where you're supposed to. It's not like you can gain anything from signing it at the wrong spot. I had a situation similar to this during K1 process with worse consequences and it ended up costing me 2 nights of sleep , a trip to thailand, and over $1k to fix. Goodluck.

[w¡n9Nµ7 §£@¥€r 123]

So it is not rejection then...

There are many people dealing with REAL rejection here and I feel bad thinking of someone in that situation clicking this post and getting more frustrated...

Yes... It is a rejection. The OP is using the correct terminology in their subject line. It is what the notice said after all. I see no reason why they have to change it because some people on this forum don't know the difference between a rejection and a denial. They are two completely different things.

REJECTION occurs when the Chicago Lockbox sends the package back because something wasn't filled in or completed correctly. DENIAL means that USCIS chooses not to grant permanent resident status to an applicant and will start deportation proceedings if a motion to reconsider is not filed in a timely manner.

Either way, the title is somewhat misleading.

van723,

No. It is not.

[van723 0]

So it is not rejection then...

There are many people dealing with REAL rejection here and I feel bad thinking of someone in that situation clicking this post and getting more frustrated...

Yes... It is a rejection. The OP is using the correct terminology in their subject line. It is what the notice said after all. I see no reason why they have to change it because some people on this forum don't know the difference between a rejection and a denial. They are two completely different things.

REJECTION occurs when the Chicago Lockbox sends the package back because something wasn't filled in or completed correctly. DENIAL means that USCIS chooses not to grant permanent resident status to an applicant and will start deportation proceedings if a motion to reconsider is not filed in a timely manner.

Either way, the title is somewhat misleading.

van723,

No.

Agent Smith,

Yes.

?????

[jsnearline 2]

If we're concerned about being misled, you could say that the Rejection Notice itself is somewhat misleading. Perhaps USCIS should change the Notice Type to Returned for Correction Notice.

[Badgerbabe 0]

my son was 11 and we were advised that if he was able to sign the document than it was better if he did so that's what we did even though he was under 14.

we didn't get an RFE