incorrect filed i485 caused petition to be denied for friend

[Tango2017 5]

this is for my friend. he brought over to me a letter for his son that he received. it read. your petition has been denied because you did not sign the 485, used an outdated version of it and are missing social security card for sponsor.  you cannot appeal this decision and are now entering deportation notice.

 

what are his options.. should he refile and wait to refile with correct information? 

[HRQX 4,145]

9 minutes ago, Tango2017 said:

this is for my friend. he brought over to me a letter for his son that he received. it read. your petition has been denied because you did not sign the 485, used an outdated version of it and are missing social security card for sponsor.  you cannot appeal this decision and are now entering deportation notice.

Could you post a picture of the notice (with identifying info blacked-out)?

[SalishSea 17,836]

14 minutes ago, Tango2017 said:

this is for my friend. he brought over to me a letter for his son that he received. it read. your petition has been denied because you did not sign the 485, used an outdated version of it and are missing social security card for sponsor.  you cannot appeal this decision and are now entering deportation notice.

 

what are his options.. should he refile and wait to refile with correct information? 

Is this the same friend you're asking about the medical exam for?

[SusieQQQ 11,586]

How old is his son? 

[Lucky2Lucky 2,526]

Lawyer?

[SusieQQQ 11,586]

35 minutes ago, SusieQQQ said:

How old is his son? 

Wait, I’m confused. Is the father filing for the son or is the son filing for the father?

[Tango2017 5]

i asked him to go to lawyer for help. his wife is the us citizen and he is the one that is applying for green card. his son is 10 years old and received the letter that his petition was denied. 

[Tango2017 5]

[HRQX 4,145]

5 minutes ago, Tango2017 said:

Did they submit a timely response to the June 2021 RFE requesting I-864 from the US citizen?

[Tango2017 5]

yes , the sponsor that they had chosen only made 32,000 per year, he failed to use an updated form sent in an outdated form. the sponsor was also sponsoring 2 other people. can they switch sponsor to a new one. he says his boss at work is willing to be his sponsor and he is the owner of the company that he works at.

 

[HRQX 4,145]

35 minutes ago, Tango2017 said:

can they switch sponsor to a new one.

Yes, but it's recommended to do a new filing instead of risky I-290B path. For the new filing send the following three packets (note that I-765 and I-131 packets are optional, but highly recommended) in the same envelope to the Chicago Lockbox:

• I-485 with I-130 receipt notice (the one that says "Unmarried child (under age 21) of U.S. Citizen"), I-864 from US citizen that filed I-130 (*this is a strict requirement) and supporting documents, I-864 from a joint sponsor (if applicable) and supporting documents, electronic I-94 copy, filing fees, etc.;
• I-765 with electronic I-94 copy, etc.; and
• I-131 with electronic I-94 copy, etc.

They'll separate each packet with rubber bands or fasteners: https://www.uscis.gov/forms/filing-guidance/form-filing-tips

On the I-485 packet, I-485 payment method (check, money order, or Form G-1450) must be the very first item of this packet.

 

Did the child already go to a Civil Surgeon? If so, depending on the date of that exam the child may eventually have to go to a Civil Surgeon designation again. https://www.uscis.gov/policy-manual/volume-8-part-b-chapter-4

Timing of the Submission of the Medical Examination Report

Applicants may submit the Form I-693 medical examination report to USCIS:

• Concurrently with the immigration benefit application; or

• At any time after filing the immigration benefit application but before USCIS finalizes adjudication of that application. If not submitted simultaneously with the immigration benefit application, applicants may bring the medical examination report to an interview or wait until USCIS issues an RFE requesting the medical examination report.

19 hours ago, Tango2017 said:

because you did not sign the 485,

The child's father can sign on his behalf since he is younger than 14: https://www.uscis.gov/policy-manual/volume-1-part-b-chapter-2

 

Also, how did your friend and the child enter the US? So that I can move your 2 recent threads to the correct forum.

Edited August 19, 2021 by HRQX

[SusieQQQ 11,586]

Is it normal to have a ten year old being told they are subject to deportation proceedings? Considering by law they are not responsible for immigration violations until they turn 18. But someone has clearly dropped the ball on the petition here and I agree with the advice to get a lawyer on it before it gets worse.

[HRQX 4,145]

4 minutes ago, SusieQQQ said:

Is it normal to have a ten year old being told they are subject to deportation proceedings?

It's the same boilerplate paragraph in every I-485 denial notice.

[Timona 4,207]

Guys, the letter said "he was in US contrary to the law." 

How did the child come to US? 

[SusieQQQ 11,586]

14 minutes ago, Timona said:

Guys, the letter said "he was in US contrary to the law." 

How did the child come to US? 

Doesn’t that just mean overstay?