RFE RECEIVED PLEASE HELP!!!!

[phx623 0]

Hello,

I just received a RFE notice requesting to submit

1.evidence of lawful admision

question is= CAN I USE THE BORDER CROSSER CARD I-586 AS EVIDENCE OF LAWFUL ADMISION?

The only prove that my wife has is a Border Crosser Card I-586 that was issued to her in 2000

when I submitted the i-485 I included a copy of that card....

[Anh map 2,098]

They want some evidence that she entered legally. The card does not show how she entered. Some record from where she entered may give the information required. When and where did she last enter the US?

[phx623 0]

thanks,

she came in thru Nogales,AZ last time she came in was in 2000

[Avery Cates 1,141]

thanks,

she came in thru Nogales,AZ last time she came in was in 2000

How was she admitted? What was the method of her arrival?

[Hypnos 6,576]

If you have no other documentation (an I-94, for example) then she may need to file a FOIA request with CBP seeking copies of her entry records. Given that it takes months for CBP to process such requests, you won't have it before the RFE time limit expires.

[phx623 0]

How was she admitted? What was the method of her arrival?

She was admitted thru a boder crosser card which was document i-586 and she was underage travelling with her mother and they drove thru Nogales, AZ

[Hypnos 6,576]

Then you'll need to file a FOIA request as I described above: https://foiaonline.regulations.gov/foia/action/public/request/publicPreCreate

It will take months to receive the records (assuming they find them), and so you should have obtained them before filing the I-485. Accordingly, the I-485 will likely be denied and your wife may be placed in removal proceedings as a result. File the FOIA request immediately.

[phx623 0]

If you have no other documentation (an I-94, for example) then she may need to file a FOIA request with CBP seeking copies of her entry records. Given that it takes months for CBP to process such requests, you won't have it before the RFE time limit expires.

yeah thats right....

I guess i will just have to pay the 1,000 surcharge fee

[Hypnos 6,576]

Assuming you mean the $1,000 surcharge under 245(i) using an I-485 Supplement A, she would only qualify for that if she had an immigrant or labour petition (I-130 or I-140) approved or pending for her on or before 30th April, 2001. If she is attempting to adjust through a petition you are filing now, she does not qualify.

Edited January 13, 2016 by Hypnos

[phx623 0]

Assuming you mean the $1,000 surcharge under 245(i) using an I-485 Supplement A, she would only qualify for that if she had an immigrant or labour petition (I-130 or I-140) approved or pending for her on or before 30th April, 2001. If she is attempting to adjust through a petition you are filing now, she does not qualify.

oh wow... thats not good what other options would i have???

[Hypnos 6,576]

1) Get entry records from CBP and re-file for AoS.

2) Live in a different country.

3) She may qualify under DACA for some temporary relief whilst you work on (1): http://www.uscis.gov/humanitarian/consideration-deferred-action-childhood-arrivals-daca#request%20DACA

Edited January 13, 2016 by Hypnos