USCIS Updates Policy Guidance for Certain Requests for Evidence and Notices of Intent to Deny(merged)

[aznhouston 132]

On 7/13/2018 at 7:11 PM, azblk said:

This policy coupled with issuing NTA's for most of the denied AOS cases is going to greatly increase the people in deportation proceedings and who are deported. Welcome to Trumplandia - MAGA

What's your point?

 

[azblk 338]

58 minutes ago, missileman said:

1.  Remain in legal status

2.  Obey the law

3.  Don't file frivolous petitions.

Problem solved.....

1. Almost everyone who files AOS except for people on long term visas is out of status by the time thier case if approved/denied.

2. Obey the law?? - Filing AOS is lawful.

3. There already is a remedy for frivolous petitions- a life time ban and only  a IJ can rule a petition frivolous.

 

 

[azblk 338]

5 minutes ago, hoangthaihuy said:

What's your point?

 

what dont you understand?

 

[aznhouston 132]

1 minute ago, azblk said:

1. Almost everyone who files AOS except for people on long term visas is out of status by the time thier case if approved/denied.

2. Obey the law?? - Filing AOS is lawful.

3. There already is a remedy for frivolous petitions- a life time ban and only  a IJ can rule a petition frivolous.

 

 

1. After filing for AOS, the "status" means nothing. Don't overstay your visa, or if you're a student, stay in status.

2. I think he meant not to make any criminal charge.

3. Submit a complete package is not too hard. You have this forum and Google.

[Crazy Cat 41,903]

1 minute ago, hoangthaihuy said:

1. After filing for AOS, the "status" means nothing. Don't overstay your visa, or if you're a student, stay in status.

2. I think he meant not to make any criminal charge.

3. Submit a complete package is not too hard. You have this forum and Google.

Exactly......I don't see any change that should concern a law abiding, legitimate AOS filer........

[aznhouston 132]

4 minutes ago, azblk said:

what dont you understand?

 

I don't know what DOJ has anything to do with this? Is he wrong to clean up the mess?

Filing a mediocre package as a "placeholder" messes everything up, that makes others suffer.

 

[azblk 338]

6 minutes ago, hoangthaihuy said:

1. After filing for AOS, the "status" means nothing. Don't overstay your visa, or if you're a student, stay in status.

2. I think he meant not to make any criminal charge.

3. Submit a complete package is not too hard. You have this forum and Google.

1. you seem to be missing the point - Even if you apply for AOS even when still in status most likely you will be out of status by the time your petition is concluded.

2. Irrelevant to this new memo - stay on topic.

3. Forms are lost by uscis all the time, too little evidence is subjective, usps loses  or delivers mail to the wrong address. Basically there is so may reasons that can cause a package to be incomplete through no fault of the petitioner. Yet now there is no longer an opportunity to correct the deficiency.

 

 

[SteveE 25]

OK here's a question to ponder.

 

A lot of people do NOT file their medical with their initial AOS as it is as we all know valid for only one year and may well expire before the applicant receives their AOS interview. Currently people doing this have received what is considered a "courtesy" RFE indicating that people should bring their completed medical to their interview. Obviously a case cannot be adjudicated without a completed medical, so is this now grounds for dismissal of the filed case?

 

From what I have seen by peoples comments on forums, it is also not uncommon for people who use a sponsor other than the the relative of the person filing for AOS to not include their own I-864 (affidavit of support) not realizing that even if they themselves have no income, they still need to file the I-864 as the primary sponsor. Again, is this now ground for immediate dismissal?

 

 

[azblk 338]

11 minutes ago, hoangthaihuy said:

I don't know what DOJ has anything to do with this? Is he wrong to clean up the mess?

Filing a mediocre package as a "placeholder" messes everything up, that makes others suffer.

 

I would like to see the numbers of placeholder petitions you are claiming? It is a non existent problem. Currently if you file an incomplete petition it is rejected and returned right away. so lets stop pretending that is solving anything other. The mission is clear - Deny as many petitions as you can and use any means necessary.

Edited July 15, 2018 by azblk

[aznhouston 132]

1 minute ago, azblk said:

1. you seem to be missing the point - Even if you apply for AOS even when still in status most likely you will be out of status by the time your petition is concluded.

2. Irrelevant to this new memo - stay on topic.

3. Forms are lost by uscis all the time, too little evidence is subjective, usps loses  or delivers mail to the wrong address. Basically there is so may reasons that can cause a package to be incomplete through no fault of the petitioner. Yet now there is no longer an opportunity to correct the deficiency.

 

 

1. Stay in status at the time of filing the AOS. What point did I miss?

2. Ask missleman, this is not mine.

3. Statistically speaking, how many? You read one or two cases on this forum and concluded that USCIS does not do a good job? I question your "all the time".

[aznhouston 132]

5 minutes ago, SteveE said:

OK here's a question to ponder.

 

A lot of people do NOT file their medical with their initial AOS as it is as we all know valid for only one year and may well expire before the applicant receives their AOS interview. Currently people doing this have received what is considered a "courtesy" RFE indicating that people should bring their completed medical to their interview. Obviously a case cannot be adjudicated without a completed medical, so is this now grounds for dismissal of the filed case?

 

From what I have seen by peoples comments on forums, it is also not uncommon for people who use a sponsor other than the the relative of the person filing for AOS to not include their own I-864 (affidavit of support) not realizing that even if they themselves have no income, they still need to file the I-864 as the primary sponsor. Again, is this now ground for immediate dismissal?

 

 

No and No.

[Crazy Cat 41,903]

6 minutes ago, azblk said:

Even if you apply for AOS even when still in status most likely you will be out of status by the time your petition is concluded.

Example, please?

[azblk 338]

4 minutes ago, SteveE said:

OK here's a question to ponder.

 

A lot of people do NOT file their medical with their initial AOS as it is as we all know valid for only one year and may well expire before the applicant receives their AOS interview. Currently people doing this have received what is considered a "courtesy" RFE indicating that people should bring their completed medical to their interview. Obviously a case cannot be adjudicated without a completed medical, so is this now grounds for dismissal of the filed case?

 

From what I have seen by peoples comments on forums, it is also not uncommon for people who use a sponsor other than the the relative of the person filing for AOS to not include their own I-864 (affidavit of support) not realizing that even if they themselves have no income, they still need to file the I-864 as the primary sponsor. Again, is this now ground for immediate dismissal?

 

 

Yes

 

1 minute ago, hoangthaihuy said:

1. Stay in status at the time of filing the AOS. What point did I miss?

2. Ask missleman, this is not mine.

3. Statistically speaking, how many? You read one or two cases on this forum and concluded that USCIS does not do a good job? I question your "all the time".

1. if you are denied - it does not matter what your status was at time you filed. You will now get a NTA unless you have a dual intent status.

3. show me different evidence. Even one or two cases is way too many> if the petitioner can not make a mistake then we should hold the USCIS to the same standard.

[SteveE 25]

1 minute ago, hoangthaihuy said:

No and No.

And may I ask for your conclusive evidence of this? Where does it clearly indicate that under this new policy a case will definitely NOT be denied in these cases?

[azblk 338]

4 minutes ago, missileman said:

Example, please?

You go out of status when your i-94 expires. Since most people typically get 3 months on i-94. By the time i-485 is ruled on you are out of status.

Edited July 15, 2018 by azblk