I-485 denied, no interview, denied on lack of RFE

[Bengalita 12]

My friends who filled out their own paperwork got a I-485 denial. They did not get an interview yet. Here's what happened.

They sent in all the paperwork, went to fingerprints, etc etc etc. Never got a work permit or anything like that. They got this DENIAL letter instead. After reading what the reasons were, it's very clear that the joint-sponsor (petitioner's father) did not send the correct paperwork after being requested through an RFE. The petitioner himself did not qualify, so his father served as joint-sponsor. His father owns a paint company and makes 65K yearly. Apparently, the father only sent in his 1040, but w/out the Schedule C's and all those other pages that establish self-employment. Also, he had forgotten to send in a copy of his business license. So, he got an RFE asking for that. However, responding to the RFE, he only sent in copies of the Schedule C's, but failed to send a copy of his business license, proving that he is, in fact, self-employed, and owns his own company. (He HAS a business license, he just forgot to include it in the packet).

So, now the famous DENIAL letter came back saying that he failed to establish eligibility, and now the BENFICIARY is in violation of the law, and is illegaly and must depart within 30 days.

It goes on to say that they are NOT initiating removal proceedings at this time, but WILL initiate if she doesn't go back to her country within 30 days.

THEN ... it says that this denial is without prejudice to any subsequent petitions.

So, does this mean that within 30 days they can re-apply (and this time NOT FORGET ANY OF THE PAPERWORK...DUH!)?

And, this means that she must go and get another Immigration medical exam done?

THIS HAS BEEN A VERY EXPENSIVE MISTAKE!!!! For educational purposes, those reading this should be conscious that when an RFE asks for stuff....you better satisfy it the be

[JimVaPhuong 4,863]

This is not particularly uncommon. The obvious objective is to get it right the first time. If a problem can be corrected with additional documentation then they'll usually send an RFE, but you also usually only get ONE CHANCE to correct the mistake by responding to the RFE with everything they ask for. They rarely send a second RFE - they just deny the application.

Your friend has two options - they can file a motion to reopen the case, or they can file a new petition. A motion to reopen is less expensive, and they have a reasonably good chance of getting it approved because the case was closed without prejudice. I suggest their co-sponsor overwhelm them with documentation this time - business license, bank statements, etc., and three years of tax transcripts.

[trillium13 84]

THIS HAS BEEN A VERY EXPENSIVE MISTAKE!!!! For educational purposes, those reading this should be conscious that when an RFE asks for stuff....you better satisfy it

Even more importantly, read and re-read the original instructions. All you need to know is there.

I wish your friends good luck.

[Bengalita 12]

This is not particularly uncommon. The obvious objective is to get it right the first time. If a problem can be corrected with additional documentation then they'll usually send an RFE, but you also usually only get ONE CHANCE to correct the mistake by responding to the RFE with everything they ask for. They rarely send a second RFE - they just deny the application.

Your friend has two options - they can file a motion to reopen the case, or they can file a new petition. A motion to reopen is less expensive, and they have a reasonably good chance of getting it approved because the case was closed without prejudice. I suggest their co-sponsor overwhelm them with documentation this time - business license, bank statements, etc., and three years of tax transcripts.

Can they file a motion to reopen on their own or MUST it be done through an attorney? If they can do it on their own, seeing how this is a fairly easy case to win, what forms do they need to do this? I won't misconstrue your input as legal advice....I just need some guidance as to what form to fill out for a motion to reopen, or is it just done by a detailed letter?

Thanks!!!!!

[Bengalita 12]

Even more importantly, read and re-read the original instructions. All you need to know is there.

I wish your friends good luck.

CONCUR 100%. This is what we call in Spanish a big "metida de pata" (a big screw up)

[JoannaV 174]

They can either re-file or file a motion to reopen. The latter costs $585 so is cheaper. Time-wise, it is hard to estimate: I've seen both cases completed in 4-5 months, and also heard of it lasting for a year.

The form to reopen is here: http://www.uscis.gov/files/form/i-290b.pdf. Your friends will have to file a motion to reopen, not a motion to reconsider or appeal as it is due them not providing all the evidence, rather than USCIS's procedural/legal mistake. They must file this within 30 days of the notice of denial.

A snoop around the internet seems to indicate that people have at times succeeded in just writing a letter, but that is them being lucky not anything else. USCIS (here: http://www.uscis.gov/files/nativedocuments/OLUtelcon_012809.pdf) clearly say that a letter is not a motion and if the motion is not filed within 30 days it is too late. (So anyone hoping a letter will work, is betting their life on very slim odds.)

Personally, I would not think an attorney would help, rather he might confuse the process. If it is clear what the reason for the denial is, then your friends can just make 100% sure that they include every possible piece of evidence. (Sounds like they might have to go to the father's house and follow him around to make sure he gives them everything asap!)

The attorney would be more useful if the denial was based on USCIS making a decision that was wrong based on the law, rather than lack of evidence. Law would (maybe) need an immigration attorney to write a brief; lack of evidence needs YOU to get the evidence.

[Bengalita 12]

Thank you ALL for your reply.

If they decide to re-file, (even though it's more expensive, but it seems to be faster), what would they need to do about their medical exam? Go get another one?

Ok, and CHECK OUT THIS NEXT PART. While all of this is happening, they got an RFE for the I-130, (with the same date of Sept 16), asking for more proof of an established relationship (bank statements w/ both names, insurance, etc etc).

QUESTION: So, even though the I-485 part was denied, does this mean that there might still be salvation for the I-130, right?

So, should they send in the evidences for the I-130 RFE to the appropriate address? Or do you anticipate the I-130 being denied because the I-485 was denied?

What are your thoughts concerning this pending I-130 in relation to the I-485 denial?

We are going to USCIS office in South Carolina tomorrow, per their request through INFOPASS, but I know INFOPASS appointments are mostly a waste of time, but they asked me to go with them.

Please, ANY INFORMATION you give me will be MUCH APPRECIATED. We're not asking for legal advice. Nothing you tell us will be taken as such. We just need a little guidance, that's all. And, as always, thank you very much for all your help, always!

[JimVaPhuong 4,863]

Thank you ALL for your reply.

If they decide to re-file, (even though it's more expensive, but it seems to be faster), what would they need to do about their medical exam? Go get another one?

Ok, and CHECK OUT THIS NEXT PART. While all of this is happening, they got an RFE for the I-130, (with the same date of Sept 16), asking for more proof of an established relationship (bank statements w/ both names, insurance, etc etc).

QUESTION: So, even though the I-485 part was denied, does this mean that there might still be salvation for the I-130, right?

So, should they send in the evidences for the I-130 RFE to the appropriate address? Or do you anticipate the I-130 being denied because the I-485 was denied?

What are your thoughts concerning this pending I-130 in relation to the I-485 denial?

We are going to USCIS office in South Carolina tomorrow, per their request through INFOPASS, but I know INFOPASS appointments are mostly a waste of time, but they asked me to go with them.

Please, ANY INFORMATION you give me will be MUCH APPRECIATED. We're not asking for legal advice. Nothing you tell us will be taken as such. We just need a little guidance, that's all. And, as always, thank you very much for all your help, always!

The I-130 will not be denied just because the I-485 was denied. It's the other way around - the I-485 cannot be approved if the I-130 is not approved. It's also now apparent that they are not adjusting from a family based visa, so this topic really belongs in the "other" AOS forum.

They absolutely must respond to the RFE with the evidence requested.

The I-485 must either be submitted concurrently with the I-130, or after the I-130 has been approved. At this point, they'll have to wait until the I-130 is approved before refiling the I-485, and they'll have to attach a copy of the I-130 approval notice. This is no longer a concurrent filing.

[VanessaTony 3,567]

The I-130 will not be denied just because the I-485 was denied. It's the other way around - the I-485 cannot be approved if the I-130 is not approved. It's also now apparent that they are not adjusting from a family based visa, so this topic really belongs in the "other" AOS forum.

Agreed, moving

** moved from "Adjustment of Status (Green Card) from Family Based Visas" to "Adjustment of Status from Work, Student, & Tourist Visas" as you are adjusting from a visa other than a K1, K2, K3 & K4 which the prior forum is for **