i-485 denied - help!

[sjfoley1 11]

We just received a denial letter for my husbands AOS packet. It was denied because we sent the certified copy of his birth certificate, but we didn't realize the copy we had was the short-form and not the long-form they requested. We are going to consult with a lawyer  as well about how to proceed, but can anyone speak to the appeal process? Is it even worth it to try when the error obviously was on our part? The letter states that we can send the i-290B to appeal, but I of course know there is no guarantee and we may just have to send the whole packet over again (this is what USCIS told us over the phone were our options). We only have 33 days from now to figure this out or he has to go back to Canada (where he will literally be on the street), so we are feeling very anxious.

[Boiler 44,962]

What would be the basis of an appeal? You sent the wrong document.

[SalishSea 17,515]

12 minutes ago, sjfoley1 said:

We just received a denial letter for my husbands AOS packet. It was denied because we sent the certified copy of his birth certificate, but we didn't realize the copy we had was the short-form and not the long-form they requested. We are going to consult with a lawyer  as well about how to proceed, but can anyone speak to the appeal process? Is it even worth it to try when the error obviously was on our part? The letter states that we can send the i-290B to appeal, but I of course know there is no guarantee and we may just have to send the whole packet over again (this is what USCIS told us over the phone were our options). We only have 33 days from now to figure this out or he has to go back to Canada (where he will literally be on the street), so we are feeling very anxious.

Save the lawyer fee and use that money to  re-file.  Appeal would be for if it was a  USCIS error.

[sjfoley1 11]

27 minutes ago, Boiler said:

What would be the basis of an appeal? You sent the wrong document.

 

17 minutes ago, Jorgedig said:

Save the lawyer fee and use that money to  re-file.  Appeal would be for if it was a  USCIS error.

 

Thank you both, that's basically what we thought. We just ordered two of the correct long-form birth certificate and paid the extra to expedite the process for them. Is there anything on the USCIS paperwork we will need to change or update before re-filing? I know there are some sections that ask if I have ever applied to sponsor anyone before or whatever, will I need to change that section?

Edited February 21, 2020 by sjfoley1

[Moe428 129]

Didn't USCIS used to issue REFs for benign mistakes like this?  What has happened to them?

 

@sjfoley1  Was the application rejected or denied?  Distinction being, are you out of filing fee you sent?

[Liam2021 574]

It seems not right with USCIS standard. For particular situation like this, USCIS will send RFE first. Unless the petitioner fail to submit the request document?.

[sjfoley1 11]

1 minute ago, Moe428 said:

Didn't USCIS used to issue REFs for benign mistakes like this?  What has happened to them?

 

@sjfoley1  Was the application rejected or denied?  Distinction being, are you out of filing fee you sent?

We received an RFE asking for copy of his birth certificate. I actually posted here about it when we received the RFE because we were confused as we had sent a photo copy of the certified copy he has, so we mailed the certified copy in response to the RFE. We didn't realize the copy he had was a short-form certificate, and not the long form which contains the parental info.

 

The letter today reads "we must inform you that we are denying your application" and its due to the fact that we mailed the short-form and not the long-form.

[Boiler 44,962]

They do not have to send a RFE , think that changed a year or so ago, but did in this case.

[SalishSea 17,515]

6 minutes ago, H&T said:

It seems not right with USCIS standard. For particular situation like this, USCIS will send RFE first. Unless the petitioner fail to submit the request document?.

That was revised over a year ago, for the purpose of weeding out  “placeholder” applications- for which people apply to secure a place in line when they are not fully prepared.  There were lots and lots of threads about it here at the time.

[sjfoley1 11]

does anyone know, once we re-file his AOS packet will he have to go through the biometrics appt again and everything?

[Villanelle 4,121]

54 minutes ago, sjfoley1 said:

does anyone know, once we re-file his AOS packet will he have to go through the biometrics appt again and everything?

You may have to do biometrics again you may not. Sometimes when there is a recent biometrics on file (one done with in the last 6 months to 1 year) they dont ask for biometrics again. Sometimes they do though. If you dont get a new biometrics appt - thats fine everything is normal. If you do get one you must go to it. 

 

Are you a USC? If so do not have your husband leave the US and go back to Canada. Any overstay he may accumulate between the time his old AOS was denied and the time a new NOA is issued for the new AOS packet will not be held against him. Do not appeal the denial. You can if you want but you would most likely be throwing your money away and wasting time. It was denied properly because you didnt send the right BC. There is a small chance if you appeal that they are generous and approve it but thats you gambling on them using discretion in your favor. Policy is not in your favor for an appeal approval though. 

 

You need to send in a new packet with new fees attached. Double check everything is included this time. It seems the only thing missing before was the correct BC. You can also add new evidence if you have any. I would re-print and re-sign with the current date. But otherwise any papers they may have made notations on or otherwise marked are fine to send back.  

 

[Boiler 44,962]

And you will need to re apply foe EAD and AP.

[sjfoley1 11]

40 minutes ago, Villanelle said:

You may have to do biometrics again you may not. Sometimes when there is a recent biometrics on file (one done with in the last 6 months to 1 year) they dont ask for biometrics again. Sometimes they do though. If you dont get a new biometrics appt - thats fine everything is normal. If you do get one you must go to it. 

 

Are you a USC? If so do not have your husband leave the US and go back to Canada. Any overstay he may accumulate between the time his old AOS was denied and the time a new NOA is issued for the new AOS packet will not be held against him. Do not appeal the denial. You can if you want but you would most likely be throwing your money away and wasting time. It was denied properly because you didnt send the right BC. There is a small chance if you appeal that they are generous and approve it but thats you gambling on them using discretion in your favor. Policy is not in your favor for an appeal approval though. 

 

You need to send in a new packet with new fees attached. Double check everything is included this time. It seems the only thing missing before was the correct BC. You can also add new evidence if you have any. I would re-print and re-sign with the current date. But otherwise any papers they may have made notations on or otherwise marked are fine to send back.  

 

Thank you- I am a USC. I am literally digging into everything to figure out how to get the money to cover the fees again so we can re-file before the 33 days are up. I am now worried about the public charge rule coming into play starting on monday now however. I have a great job and make good money, but I have debt and I am currently working on my credit score to get it up. I know I won't have $1800 to send it by tomorrow, but we also just ordered the correct BC today when we got the denial and I don't want to risk sending the packet with the other one we used before and not getting an RFE the next time.

[payxibka 10,045]

2 hours ago, sjfoley1 said:

Thank you- I am a USC. I am literally digging into everything to figure out how to get the money to cover the fees again so we can re-file before the 33 days are up. I am now worried about the public charge rule coming into play starting on monday now however. I have a great job and make good money, but I have debt and I am currently working on my credit score to get it up. I know I won't have $1800 to send it by tomorrow, but we also just ordered the correct BC today when we got the denial and I don't want to risk sending the packet with the other one we used before and not getting an RFE the next time.

$1800?  How is this calculated?

[sjfoley1 11]

1 minute ago, payxibka said:

$1800?  How is this calculated?

It’s $535 for I-130, then $1140+$85 for the I-485.  No fees for EAD and AP when filed with AOS packet. So almost $1800 total.