Please help, denial of I-485

[RoseMalaysia 10]

Dear Visa Journey members

 

I just received this denial letter in the mail for the application of my step daughter (I'm the US citizen and the main sponsor)

here some of what is in the letter:

NOTICE OF DECISION

 

Dear .... :

 

On June 30, 2022, you filed a Form I-485, Application to Register Permanent Residence or Adjust Status, with U.S. Citizenship and Immigration Services (USCIS).

 

After a thorough review of your application and the record of evidence, we must inform you that we are denying your application.

 

To qualify for adjustment under section 245 of the Immigration and Nationality Act (INA), an applicant must:

• Be inspected and admitted or paroled into the United States;
• Be eligible to receive an immigrant visa;
• Be admissible to the United States for permanent residence; and
• Have an immigrant visa immediately available at the time the application is filed.

 

You must demonstrate that you are eligible to adjust status to a lawful permanent resident (LPR). See Title 8, Code of Federal Regulations (8 CFR), section 245.1. Statement of Facts and Analysis, Including Reason(s) for Denial

 

You filed Form I-485 based on being admitted as the minor child of a fiancé(e) of a U.S. citizen whose parent subsequently married the U.S. citizen.

 

On December 19, 2022, USCIS issued a Request for Evidence (RFE) advising you that the evidence supporting the application was insufficient to establish your eligibility for adjustment at the time you filed the application. The RFE required you submit:

• A properly completed and signed Form I-864, Affidavit of Support, from the petitioning sponsor listed on Form I-130 or Form I-129F with all pages present and of the latest edition date and a copy of the petitioning sponsor's Federal income tax return for the most recent tax year with all supporting tax documents.
• A properly completed and signed Form I-864 of the latest edition date from a qualifying joint sponsor with all pages present and all required documentation. For a sponsor to qualify based on the value of assets, submit evidence of assets that meet the requirements.

 

On February 13, 2023, you responded to the Request for Evidence. You submitted:

• A copy of the U.S. State Department Report of Medical Examination for the applicant.
• An unqualified Form I-864, Affidavit of Support Under Section 213A of the INA, from the petitioning sponsor along with 2022 Federal and State Income Tax Returns and supporting documents.
• 2020 and 2021 Federal and State Income Tax Returns and supporting documents.

 

After reviewing the evidence, USCIS has concluded that you are not eligible to adjust status because you failed to submit:

• A properly completed and signed Form I-864 of the latest edition date from a qualifying joint sponsor with all pages present and all required documentation. For a sponsor to qualify based on the value of assets, submit evidence of assets that meet the requirements.

 

 

& the rest of the letter seems like standard reply

 

My concerns/questions: 

         - It says in the letter that we can't appeal! is that decision final?

"You may not appeal this decision. However, if you are issued a Notice to Appear, you will have an opportunity to renew your application for adjustment of status and/or to request any other relief that may be available in removal proceedings before an Immigration Judge. See Title 8, Code of Federal Regulations (8 CFR), section 245.2(a)(5)(ii). Furthermore, this decision is without prejudice to future applications filed with the appropriate USCIS office."

         - Would hiring a lawyer to appeal this helps?

 

        - It also says the following at the end:

"You are not authorized to remain in the United States. If you fail to depart the United States within 33 days of the date of this letter, USCIS may issue you a Notice to Appear and commence removal proceedings against you with the immigration court. This may result in your being removed from the United States and found ineligible for a future visa or other U.S. immigration benefit. See sections 237(a) and 212(a)(9)(B) of the INA."

 

         - does this mean we should start arranging flight plans or my step daughter will be deported?

 

Me & my wife (the applicant's mother) are super worried and don't know what to do! anyone's advice is highly appreciated

 

 

Edited June 26, 2023 by RoseMalaysia

[igoyougoduke 1,653]

you would need to i-485 again . it also means your i-864 has been filed incorrectly( you must have used a older version of the form) 

[Marieke H 2,495]

Were you able to determine what the issue with the I-864 is? Did you use an old version, did you fill it out incorrectly, is it incomplete, were signatures missing?

 

Once you know for sure what the issue is, refile a I-485 as soon as possible. 

[Crazy Cat 41,772]

It seems to me that the RFE wanted OP to submit an I-864 and supporting documentation from sponsor and a joint sponsor, but they sent only the documents from  the primary sponsor?  Correct? 

 

I am not an expert, but it seems the only options are to either refile with a proper I-485 package or file for re-consideration. 

Edited June 26, 2023 by Crazy Cat

[RoseMalaysia 10]

32 minutes ago, Crazy Cat said:

It seems to me that the RFE wanted OP to submit an I-864 and supporting documentation from sponsor and a joint sponsor, but they sent only the documents from  the primary sponsor?  Correct? 

 

I am not an expert, but it seems the only options are to either refile with a proper I-485 package or file for re-consideration. 

I think that what happened

When I submitted the I-485 the 1st time & attached an I-864 for my co-sponsor (maybe that was too early)

 

& when they sent a RFE I submitted an I-864 for just myself (thinking that they already have the one for the co-sponsor)

 

Thanks Crazy Cat (you sure have a 6th sense  )

I will submit a new I-485

[RoseMalaysia 10]

51 minutes ago, Marieke H said:

Were you able to determine what the issue with the I-864 is? Did you use an old version, did you fill it out incorrectly, is it incomplete, were signatures missing?

 

Once you know for sure what the issue is, refile a I-485 as soon as possible. 

Could be one of the above, I will make sure to download the latest version from the USCIS website this time

 

Thanks Marieke H

Edited June 26, 2023 by RoseMalaysia

[RoseMalaysia 10]

1 hour ago, igoyougoduke said:

you would need to i-485 again . it also means your i-864 has been filed incorrectly( you must have used a older version of the form) 

Thanks I go you go duke

 

I will submit a new i-485

[RoseMalaysia 10]

From your all your answers, there is no worries about deportation procedures whatsoever, right?

 

Do you guys advice me to hire a lawyer to help me fill out the application? how much a lawyer would charge me for this on average?

[Mike E 11,739]

3 hours ago, RoseMalaysia said:

You are not authorized to remain in the United States. If you fail to depart the United States within 33 days of the date of this letter

You need to file before those 33 days expire: USCIS needs to receive the new I-485 before those 33 days expires.

 

48 minutes ago, RoseMalaysia said:

From your all your answers, there is no worries about deportation procedures whatsoever, right?

No worries is an exaggeration. File in time.

 

49 minutes ago, RoseMalaysia said:

Do you guys advice me to hire a lawyer to help me fill out the application?

If you can find one who move fast enough, yes. Otherwise file by yourself and then hire a lawyer after the filing to review your latest I-864s and to handle your RFEs.

 

 

49 minutes ago, RoseMalaysia said:

 

 

how much a lawyer would charge me for this on average?

At least $2000

[Timona 4,207]

Did your step daughter arrive in the country legally? 

[Boiler 45,434]

1 hour ago, RoseMalaysia said:

From your all your answers, there is no worries about deportation procedures whatsoever, right?

 

Do you guys advice me to hire a lawyer to help me fill out the application? how much a lawyer would charge me for this on average?

Is she a Felon?

 

I would still file asap.

[SalishSea 17,791]

4 hours ago, RoseMalaysia said:

From your all your answers, there is no worries about deportation procedures whatsoever, right?

 

Do you guys advice me to hire a lawyer to help me fill out the application? how much a lawyer would charge me for this on average?

I think you would benefit from paid help so that you can file properly this time-  either from a lawyer, or an immigration service.

[SalishSea 17,791]

4 hours ago, RoseMalaysia said:

From your all your answers, there is no worries about deportation procedures whatsoever, right?

 

Do you guys advise me to hire a lawyer to help me fill out the application? how much a lawyer would charge me for this on average?

 I think the content of that letter is pretty worrisome, personally.   

Edited June 27, 2023 by SalishSea

[CMJuilland 485]

As others have said, refile asap. Also, never assume that USCIS already have documents - even if you are 100% sure that you included them - especially when mentioned in an RFE. Always send them exactly what they’re asking for, no matter if it has been submitted before. 

Edited June 27, 2023 by CMJuilland

[Crazy Cat 41,772]

16 hours ago, RoseMalaysia said:

Do you guys advice me to hire a lawyer to help me fill out the application?

I recommend you get help this time. This has already cost you a lot of money. I would refile asap.  

Edited June 27, 2023 by Crazy Cat