i-290b Specific Classification Question

[AndieR 0]

Hi,

My mother received a denial decision for her i-485 even though her i-130 has been approved months ago. I am a citizen.

They state they sent a request for evidence in Feb but since we didn't receive it we didn't send the documents they requested and therefore they closed the case as abandoned. Now I contacted them several times these past few months to ask them about the case and have a track record of them not letting me know that they even sent us a request for evidence. I'm about to put in a motion to reopen form i-290b with the evidence they say they need.

I'm struggling with Item 4 of Part 3, Specific Classification Requested. I don't know that this applies to our case, and since they mention it's only to be filled if applicable I'm thinking of leaving it empty. I'm not sure though so it makes me nervous.

Should I leave this field empty?

Thank you,

Andie

[EM_Vandaveer 2,417]

I-290b only works if USCIS made a mistake. Considering that you did not answer the RFE, they were right to deny you. You will be denied, most likely. If the misinformation line told you to file it, that does not mean much.

You would be better off filing another I-485.

[EM_Vandaveer 2,417]

Leave it blank.

That said you would be better of filing another I-485 with the additional evidence instead of a motion to re-open. Those are rarely granted and if you are denied you'll have to file another I-485 anyway.

[EM_Vandaveer 2,417]

This is from USCIS' website:

"If the underlying application or petition was denied due to abandonment (e.g. failure to respond timely to a request for evidence or a notice of intent to deny), a motion to reopen may be filed if it can be shown that:

The requested evidence was not material,

The required initial evidence was submitted with the application or petition,

The request for appearance or additional evidence was complied with during the allotted period, or

The request for evidence or appearance was not sent to the address of record."

https://www.uscis.gov/forms/questions-and-answers-appeals-and-motions

So unless you can prove one of those, it will be denied. (How does one prove a negative, that it was not sent to the right address? Basically impossible.)

Simply sending the evidence they requested will not work. You would have to prove one of the above, as well.

Edited June 18, 2016 by EM_Vandaveer