Notice of Denial - Please Help - I-290B/RFE

[Teddyy 1]

In January of 2020 we sent all the necessary documents for the Adjustment of Status - I-485, I-864, etc

 

In July on 2020, USCIS sent a RFE to send more documents pertaining to the i-485

The majority of the items they asked for was already sent the first time - but I sent them again just to make sure they got it. To make sure there wouldn't be an issue we added another sponsor as well.

 

Fast Forward to November 2020 we receive another RFE for i-130

Asking for more of the same things I had sent previously (again) lease, bank account statements, etc.

 

The RFE for the above mentioned is due in February and I am still collecting and printing documents for this particular RFE and have yet to send it.

 

During all of that ... today we received an Notice of Decision regarding the application which says they are denying it based on lack of birth certificate for the applicant.

 

We have sent this birth certificate twice... The first time was the birth certificate with an English translation that was not USCIS approved apparently. 

The second time we sent the birth certificate with an approved USCIS translation.

 

On this notice of decision it states 'you are not eligible to adjust status because you failed to submit: A copy of the applicant's long-form birth certificate or other primary birth record issues by the appropriate civil authority.... etc etc. Any foreign language documents must be accompanied by a complete English translation.'

I have attached the Notice of Decision if you wouldn't mind taking a look at it and see if I am missing anything.

 

I'm so frustrated, worried and do not understand what the issue is.

 

Also - they did not wait on the other documents from the RFE in November. Do I still send those documents since they did not wait on them to make a decision? 

 

When will file the 1-290B do we file to reconsider or reopen? Or file a motion if this is a mistake on their end ? how do I fight that and not have to pay the fee associated? 

 

It states she has 33 days from the date on the letter to file the appeal or she will need to leave the united states. The date on the letter is December 28th. We did not receive this until today- Jan 18th.

Does this mean we only have 10 days to get documents sent all the way from France?

 

Edited January 19, 2021 by Teddyy

[Teddyy 1]

[HRQX 4,145]

18 hours ago, Teddyy said:

Also - they did not wait on the other documents from the RFE in November. Do I still send those documents since they did not wait on them to make a decision?

Still respond to the RFE so that the pending I-130 petition isn't negatively affected.

18 hours ago, Teddyy said:

Looks like USCIS specifically wants the "Copie Integrale de l’Acte de Naissance" accompanied with a translation https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country/France.html

Edited January 19, 2021 by HRQX

[Teddyy 1]

On 1/19/2021 at 4:32 PM, HRQX said:

Still respond to the RFE so that the pending I-130 petition isn't negatively affected.

Looks like USCIS specifically wants the "Copie Integrale de l’Acte de Naissance" accompanied with a translation https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country/France.html

 

We received the full version in the mail express from France. Would you recommend trying to file a motion? Or do we need to pay another 1,200 dollars to file another 485?

[aaron2020 11,651]

To successfully appeal a denial, you need to show that USCIS made a mistake.  If you didn't send in the long form birth certificate in response to the RFE, then USCIS did not make a mistake.  You also have to pay to make an appeal.

The goal is to get the green card, so it would be best to file a new I-485 and be done.  

Best of luck.

[Teddyy 1]

2 minutes ago, aaron2020 said:

To successfully appeal a denial, you need to show that USCIS made a mistake.  If you didn't send in the long form birth certificate in response to the RFE, then USCIS did not make a mistake.  You also have to pay to make an appeal.

The goal is to get the green card, so it would be best to file a new I-485 and be done.  

Best of luck.

Thank you for the direct answer.

I could file a motion to reopen though, right? To provide the new documentation. Since there are several ways to 'file a motion'

The reason why this is so confusing is because USCIS requires certain things on the birth certificate- parents name, place of birth, etc.

The birth certificate that was filed had all of the information they requested on their website. Why is it now an issue even with what they required presented to them?

I called USCIS and filed a request for more evidence as well as a request for admin error.