Case Abandoned - AOS Denied

[Hopeful diva 99]

21 hours ago, RICARDO4EVA2 said:

Seeking some information for a friend. She is now 22 and  her parents got married  8 years ago when she was 14.

 

I-130 for family member

Priority Date:  May 6, 2016

Case Approved: Feb. 6, 2017

 

The I485 was denied for the following reason: Evidence,  was not sufficient to establish for the benefit sought. Jan. 10, 2017, USCIS requested: income tax return from petitioner on I864 for recent year plus supporting tax documents such as W2s. 87 days given, no response. The case was denied due to abandonment. 

Due to having an incorrect address on file, they did not get any of the notices until after the respond by date. They were given 33 days to file a motion which expired a month ago. They do have the return mail with stickers from the US Post.  

 

Can they now file an appeal since it is cheaper than refiling? 

The daughter was working at time time of the I864 request,  Since she is legally working can she use her income as support  for the case?

 

Appealing denied applications take forever and most times, they don't overturn their decision. You would actually move faster if you filed a new one than putting in a motion to appeal. Also you said the time to file an appeal has expired, so you/your friend no longer qualify to file an appeal 

[Transborderwife 4,666]

Just now, Hopeful diva said:

Appealing denied applications take forever and most times, they don't overturn their decision. You would actually move faster if you filed a new one than putting in a motion to appeal. Also you said the time to file an appeal has expired, so you/your friend no longer qualify to file an appeal 

OP cannot refile AOSnor appeal here

Edited April 26, 2017 by Transborderwife

[Hopeful diva 99]

1 minute ago, Transborderwife said:

OP cannot refile AOSnor appeal here

Why? Because she passed the age limit? 

 

[Transborderwife 4,666]

24 minutes ago, Hopeful diva said:

Why? Because she passed the age limit? 

 

Yes

[Jojo92122 1,924]

There is no basis for an appeal since it's the parents' fault for not updating their address.  USCIS did not do anything wrong by sending mail to the address that the parents had on file.

 

Refile the I-485 with the same underlying I-130.  Under CSPA, her age was frozen on the date the I-130 was filed.

 

People who say she can't refile the I-485 are wrong.  The I-130 does not expire.  Filing a new I-485 would be under that I-130 where CSPA froze her age.

Edited April 26, 2017 by Jojo92122

[Transborderwife 4,666]

1 hour ago, Jojo92122 said:

There is no basis for an appeal since it's the parents' fault for not updating their address.  USCIS did not do anything wrong by sending mail to the address that the parents had on file.

 

Refile the I-485 with the same underlying I-130.  Under CSPA, her age was frozen on the date the I-130 was filed.

 

People who say she can't refile the I-485 are wrong.  The I-130 does not expire.  Filing a new I-485 would be under that I-130 where CSPA froze her age.

are you certain that CSPA applies in this situation?  I don't believe so as it's an AOS from a tourist visa I believe 

[Jojo92122 1,924]

CSPA applies.

 

What basis do you have to believe that it doesn't apply to an AOS from a tourist visa?  How is this different from a beneficiary who gets an immigration visa at age 22 as the IR of a USC when the I-130 filed before age 21 and CSPA froze the beneficiary's age at below 21?  The person doesn't qualify for AOS but is good for an immigrant visa?  

Edited April 26, 2017 by Jojo92122

[Transborderwife 4,666]

5 minutes ago, Jojo92122 said:

CSPA applies.

 

What basis do you have to believe that it doesn't apply to an AOS from a tourist visa?  How is this different from a beneficiary who gets an immigration visa at age 22 as the IR of a USC when the I-130 filed before age 21 and CSPA froze the beneficiary's age at below 21?

https://www.uscis.gov/green-card/green-card-processes-and-procedures/child-status-protection-act/child-status-protection-act-cspa

 

The language doesn't seem to abide to AOS from tourist visa.  If I'm wrong I'm wrong.

[Jojo92122 1,924]

You're wrong.  Read the part about the I-130 freezing the age of an IR of a USC.   

 

Which part does not seem to abide to AOS from a tourist visa?  There is nothing there in the link you provided that said that CSPA age freezing does not apply to AOS from a tourist visa.

Edited April 26, 2017 by Jojo92122

[Transborderwife 4,666]

Just now, Jojo92122 said:

You're wrong.  Read the part about the I-130 freezing the age of an IR of a USC.   

 

Which part does not seem to abide to AOS from a tourist visa?  There is nothing there that said that CSPA age freezing does not apply to AOS from a tourist visa.

"CSPA can protect “child” status for family-based immigrants, employment-based immigrants, and some humanitarian program immigrants (refugees, asylees, VAWA).

 

 

• The child must “seek to acquire” permanent residence within 1 year of a visa becoming available. USCIS interprets “seek to acquire” as having a Form I-824, Application for Action on an Approved Application or Petition, filed on the child’s behalf or the filing of a Form I-485, Application to Register Permanent Residence or Adjust Status, or submit Form DS-230, Application for Immigrant Visa and Alien Registration from the Department of State. The date of visa availability means the first day of the first month a visa in the appropriate category was listed as available in the Department of State’s visa bulletin or the date the visa petition was approved, whichever is later"

 

id be happy to be wrong though 

[Jojo92122 1,924]

Just now, Transborderwife said:

"CSPA can protect “child” status for family-based immigrants, employment-based immigrants, and some humanitarian program immigrants (refugees, asylees, VAWA).

 

 

• The child must “seek to acquire” permanent residence within 1 year of a visa becoming available. USCIS interprets “seek to acquire” as having a Form I-824, Application for Action on an Approved Application or Petition, filed on the child’s behalf or the filing of a Form I-485, Application to Register Permanent Residence or Adjust Status, or submit Form DS-230, Application for Immigrant Visa and Alien Registration from the Department of State. The date of visa availability means the first day of the first month a visa in the appropriate category was listed as available in the Department of State’s visa bulletin or the date the visa petition was approved, whichever is later"

 

id be happy to be wrong though 

I-130 family based immigrant petition - checked.

I-130 filed before age 21 by a USC parent which freezes the age on the date of filing - checked.

I-485 would be filed within 1 year of a visa becoming available - checked.

 

What is missing?  Where are you getting that CSPA does not apply to an AOS from a tourist visa?   There is nothing above that saids CSPA age freezing does not apply to AOS from a tourist visa. 

[Transborderwife 4,666]

1 minute ago, Jojo92122 said:

I-130 family based immigrant petition - checked.

I-130 filed before age 21 by a USC parent which freezes the age on the date of filing - checked.

I-485 would be filed within 1 year of a visa becoming available - checked.

 

What is missing?  Where are you getting that CSPA does not apply to an AOS from a tourist visa?   There is nothing above that saids CSPA age freezing does not apply to AOS from a tourist visa. 

The part about the child must seek legal status within 1 year of visa becoming available and there's no visa involved 

[Jojo92122 1,924]

NO WHERE does it say that a visa needs to be involved.

 

SEEK TO ACQUIRE PERMANENT RESIDENCY = filing for AOS or an immigrant visa.

 

You are reading something that is not there.

 

Furthermore, visas are available to IR of a USC on the date of filing the I-130.

 

Read carefully.  Don't add stuff that is not there.

 

Edited April 26, 2017 by Jojo92122

[Transborderwife 4,666]

2 minutes ago, Jojo92122 said:

NO WHERE does it say that a visa needs to be involved.

 

SEEK TO ACQUIRE PERMANENT RESIDENCY = filing for AOS or an immigrant visa.

 

You are reading something that is not there.

 

Furthermore, visas are available to IR of a USC on the date of filing.

 

Read carefully.  Don't add stuff that is not there.

 

The child must “seek to acquire” permanent residence within 1 year of a visa becoming available.

 

but hopefully for OP you're correct 

[RICARDO4EVA2 194]

17 hours ago, inloveVEN said:

but P.O. Box sometimes are safer than a physcal address, what was wrong with the P.O. Box?

They found out that USCIS do not deliver to  P.O. Boxes 

 

Thank you!