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joks

i 485 was denied because i 693 was not sent

By joks in Adjustment of Status Case Filing and Progress Reports

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joks Rookie

joks   4

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36 minutes ago, Lucky Cat said:

Please make this clear. Who is the person who was denied?  On what basis did the person apply for adjustment?  From what status did the person apply for adjustment??

sorry for the confusion,

My mom was denied

I'm a citizen filing to adjust my mom status

She came into the US with a tourist visa

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aaron2020
aaron2020

You did get an RFE with further instructions in June.  It instructed you to "send" the medical to them no later than Sept. 8.   Send does not mean bring it with you to the interview. A motio

belinda63
belinda63

Looks like you were not going to have an interview which is why they sent the second notice saying send the medicals in. Since you did not submit the medicals as instructed your case was correctly den

Boiler
Boiler

I do not see a basis for an appeal

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Crazy Cat Grand Master

Crazy Cat   41,845

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1 minute ago, joks said:

sorry for the confusion,

My mom was denied

I'm a citizen filing to adjust my mom status

She came into the US with a tourist visa

She is now subject to deportation.  I would re-file asap.

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Dashinka Grand Master

Dashinka   24,493

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6 minutes ago, joks said:

sorry for the confusion,

My mom was denied

I'm a citizen filing to adjust my mom status

She came into the US with a tourist visa

I agree with @Lucky Cat, re-file as soon as possible, the overstay is forgiven for an immediate relative, but until the AOS is filed, she is deportable.

 

Good Luck!

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

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Crazy Cat Grand Master

Crazy Cat   41,845

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5 minutes ago, joks said:

@Lucky CatSo Basically, going the route of I-290B as stated on the denial letter would not be the best approach

I don't claim to be an expert.....however, it seems to me that:

1.  USCIS made the proper decision based on your failure to comply with the RFE.  

2.  The I-485 has been denied.  You mother is no longer in authorized stay status.

I see no reason to request reconsideration since the proper decision was rendered.  I think reapplying for adjustment  is the better choice (and probably the end result, anyway).

Just my opinion.

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Orangesapples Proficient

Orangesapples   1,954

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17 minutes ago, Lucky Cat said:

I don't claim to be an expert.....however, it seems to me that:

1.  USCIS made the proper decision based on your failure to comply with the RFE.  

2.  The I-485 has been denied.  You mother is no longer in authorized stay status.

I see no reason to request reconsideration since the proper decision was rendered.  I think reapplying for adjustment  is the better choice (and probably the end result, anyway).

Just my opinion.

Also, as far as I know, you are not in authorized stay while waiting for a decision on a motion to reopen and your mom will be accruing illegal presence. Just refill AOS, this will be the simplest solution. 

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Boiler Grand Master

Boiler   45,486

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Only solution I see no error on their part

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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HNK Newbie

HNK   3

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Filed: Citizen (apr) Country: Canada
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Hey,I know you tried to hide but in future try to be more careful,as your A number can be easily figured out for your privacy purpose .

stay safe

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HNK Newbie

HNK   3

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Motion to file reopen can be a big gamble ,sometimes it gets approved very quickly sometimes it takes very longer and you will not like her to be in removal proceedings,

RFE was sent later so it was better to ignore the first letter and respond to rfe.

motion might not get approve.

file a new Aos ASAP ,sorry but you lost all the time and the filing fee.

the waiting game starts again.

stay safe

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discoverusa Community Regular

discoverusa   258

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Never ignore what USCIS sends you. Next time if you are confused ask a question on visa journey. She may have been approved without the interview if all documents were provided (medical).  

4/12/13 - sent I-485 package

4/15/13 - USCIS Chicago Lockbox received package

4/22/13 - got email and txt

4/29/13 - received NOA in mail

5/08/13 - received biometrics appointment for 5/22

5/09/13 - successful early walk in at Port Chester, NY office

5/22/13 - I-485 updated to Testing & Interview

6/18/13 - EAD went to production

6/21/13 - Card/Document Production for EAD - second email

6/24/13 - EAD mailed

6/26/13 - EAD arrived

7/18/13 - got email about interview

7/20/13 - got hard copy interview letter

08/23/13 - interview - Approved dancin5hr.gif(card production & decision email)

08/28/13 - card production - second email

08/29/13 - card mailed

09/03/13 - card arrived

*********************************************************************************

05/27/2016 - N-400 mailed

06/02/2016 - NOA date

06/24/2016 - biometrics appointment

11/28/2016 - interview scheduled for January 9th, 2017

01/09/2017 - interview passed

01/20/2017 - Oath Ceremony

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Crazy Cat Grand Master

Crazy Cat   41,845

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Filed: Citizen (apr) Country: Taiwan
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5 minutes ago, joks said:

One more question,

 

While I am in the process of refiling what would happen to the i-485 that was denied? Would the government go ahead with deportation after the 33 days to respond with an I-290B expires.

Once an I-485 is denied, the applicant starts accruing unlawful presence......BUT, once another proper I-485 is filed, the applicant is again granted authorized stay until the latest I-485 is adjudicated.  That is why it is important to refile asap.

Edited by Lucky Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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