incorrect filed i485 caused petition to be denied for friend

[Timona 4,207]

42 minutes ago, SusieQQQ said:

Doesn’t that just mean overstay? 

Multiple scenarios are playing through my mind. Maybe @Tango2017 can clarify this

[SusieQQQ 11,586]

3 hours ago, Timona said:

Multiple scenarios are playing through my mind. Maybe @Tango2017 can clarify this

You know what, I hadn’t actually read the letter and was going by the posts. So I  thought you meant the “contrary to law” was now, but in fact it was the reason given for not being able to adjust (not the i485 not being signed, or whatever). An overstay is not an issue for IR2 (OP said USC stepmother was filing, not an LPR parent where it might be an issue) so maybe it does imply EWI.

 

Maybe if OP’s friend came onto the forum and we could get first hand information it would also be easier to understand the situation.

Edited August 20, 2021 by SusieQQQ

[HRQX 4,145]

52 minutes ago, SusieQQQ said:

but in fact it was the reason given for not being able to adjust

Nope. The reason(s) for denial would come before the first paragraph that mentions Form I-290B:

52 minutes ago, SusieQQQ said:

so maybe it does imply EWI.

The sentence listing EWI as a reason would be totally different than the one in the above pictures. For example: "We do not have sufficient evidence that an immigration officer admitted you in any particular status or paroled you into the United States. Because you have not established that you were admitted or paroled when you last entered the United States, USCIS will not approve your application for adjustment of status. Therefore, we have denied your Form I-485."

[Timona 4,207]

7 hours ago, SusieQQQ said:

You know what, I hadn’t actually read the letter and was going by the posts. So I  thought you meant the “contrary to law” was now, but in fact it was the reason given for not being able to adjust (not the i485 not being signed, or whatever). An overstay is not an issue for IR2 (OP said USC stepmother was filing, not an LPR parent where it might be an issue) so maybe it does imply EWI.

 

Maybe if OP’s friend came onto the forum and we could get first hand information it would also be easier to understand the situation.

 

That's what I thought. 

He did say it was not signed. However, posted USCIS letters say something else. I don't think anyone read the posted letters. People were just going off what OP said. So I think the kid might have EWI. 

 

6 hours ago, HRQX said:

Nope. The reason(s) for denial would come before the first paragraph that mentions Form I-290B:

The sentence listing EWI as a reason would be totally different than the one in the above pictures. For example: "We do not have sufficient evidence that an immigration officer admitted you in any particular status or paroled you into the United States. Because you have not established that you were admitted or paroled when you last entered the United States, USCIS will not approve your application for adjustment of status. Therefore, we have denied your Form I-485."

 

The second letter says he should show proof of the bolded. To me, that means the kid might have EWI.

Check the second part of the letter he posted. 

[SusieQQQ 11,586]

8 hours ago, HRQX said:

Nope. The reason(s) for denial would come before the first paragraph that mentions Form I-290B:

 

The sentence listing EWI as a reason would be totally different than the one in the above pictures. For example: "We do not have sufficient evidence that an immigration officer admitted you in any particular status or paroled you into the United States. Because you have not established that you were admitted or paroled when you last entered the United States, USCIS will not approve your application for adjustment of status. Therefore, we have denied your Form I-485."

It says “the evidence of record shows that, when you filed your application, you were present in the United States contrary to law”.  This shouldn’t matter for IR if it was just overstay. 
 It also does not appear to me that the entire denial letter was posted. The first page cuts off halfway through a sentence that does not continue on the only other page that was posted. I don’t think we have the whole story /all the denial reasons.  

 

 

Edited August 20, 2021 by SusieQQQ

[Tango2017 5]

my frined has hired a a lawyer to help him. the lawyer will be charging him 5,000. it is a mess and lawyer may be able to help him sort this out

[HRQX 4,145]

2 hours ago, Tango2017 said:

it is a mess and lawyer may be able to help him sort this out

With which visa (if any) did the child use to enter the US? So that we can put this thread in the proper forum.

[Ryan H 3,812]

~~Moved from IR--1/CR-1 Progress Reports to General Immigration-Related Discussion.  Thread may be moved again if another forum is deemed a better fit.~~