i 485 was denied because i 693 was not sent

[joks 4]

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

[Crazy Cat 41,985]

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.

[Dashinka 24,639]

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!

[joks 4]

30 minutes ago, Dashinka said:

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!

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

[Crazy Cat 41,985]

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.

[Orangesapples 1,954]

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. 

[Boiler 45,735]

Only solution I see no error on their part

[HNK 3]

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

[HNK 3]

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

[discoverusa 277]

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).  

[joks 4]

I 

1 hour ago, discoverusa said:

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).  

lol...i just knew about this site today. I'm definitely going to be doing that

[joks 4]

Thank You everyone for your response. It has given me a lot of clarity of what my options are and eased my concern about the possibility of deportation. 

I already started with the refiling. I will keep you all updated.

Thanks Again

[HRQX 4,145]

14 minutes ago, joks said:

I already started with the refiling.

Just a reminder to use the most up-to-date forms.

[joks 4]

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.

[Crazy Cat 41,985]

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 December 14, 2020 by Lucky Cat