I-601 & I-485 RFE for I-94

[L&R46 12]

My mom’s lawyer submitted I-485 & I-601 concurrently in August. She got an RFE recently asking for evidence of lawful admission, such as I-94. She obviously doesn’t have her I-94 since she entered the US illegally, which is why her lawyer filled I-601. Does anyone know why they are still asking for the I-94 when she submitted the I-601? 

 

We have spoken to her lawyer, I just wanted to see if someone who has gone through this knows the answer.

Edited September 22, 2023 by L&R46

[Boiler 45,317]

I am trying to think of what scenario this could apply. 

 

I 485 well she must be in the US otherwise she can not adjust.

 

I 601 for what?

 

If she does not have legal entry how is she adjusting, 245i? now I am not that familiar with that but did not think it involved a I 601.

 

Perhaps there is something obvious I am not thinking of.

[L&R46 12]

2 minutes ago, Boiler said:

I am trying to think of what scenario this could apply. 

 

I 485 well she must be in the US otherwise she can not adjust.

 

I 601 for what?

 

If she does not have legal entry how is she adjusting, 245i? now I am not that familiar with that but did not think it involved a I 601.

 

Perhaps there is something obvious I am not thinking of.

Yes, she’s inside the US. The I-601 is for fraud and misinterpretation.

[Boiler 45,317]

How is she able to adjust without authorised entry?

[powerpuff 6,604]

14 minutes ago, Boiler said:

245i?

Nothing in the post suggests the mother is eligible for that which means that there is no path to adjustment of status. 

[Boiler 45,317]

2 minutes ago, powerpuff said:

Nothing in the post suggests the mother is eligible for that which means that there is no path to adjustment of status. 

OP said there is a Lawyer involved and 245i was all I could think of.

 

I had a look at past posts but there are no clues.

[powerpuff 6,604]

1 minute ago, Boiler said:

OP said there is a Lawyer involved and 245i was all I could think of.

 

I had a look at past posts but there are no clues.

Agreed, it’s unclear. But a crucial piece of information that needs clarifying.

[Boiler 45,317]

The more I think about it 245i seems very unlikely so we are guessing. For the life of me I can not think how she could adjust, assume there is something obvious not mentioned.

 

That still leaves the concurrent I 601, new one for me, how does the Lawyer know what needs to be waived to start with, who is filing the waiver? 

[Timona 4,207]

Seen this done. But parent had to go via consulate..

[Boiler 45,317]

I 601a and a very different process.

 

Hopefully we will get some clarification.

[Family 3,988]

My guess is parent entered using someone else’s visa/ fraudulent entry documents. Thus lawyer is thinking I-601 for fraud/Misrep will cure the entry. …

[Boiler 45,317]

4 minutes ago, Family said:

My guess is parent entered using someone else’s visa/ fraudulent entry documents. Thus lawyer is thinking I-601 for fraud/Misrep will cure the entry. …

Quote

She obviously doesn’t have her I-94 since she entered the US illegally

 

I am not saying that is impossible but does not tie in with this. They would have submitted the fraudulent I 94.

[Family 3,988]

21 minutes ago, Boiler said:

 

I am not saying that is impossible but does not tie in with this. They would have submitted the fraudulent I 94.

Let’s see if OP returns w details of “ illegal entry” as meaning entered EWI or used fraud visa. 
No matter , I see USCIS denying . Only place I have seen the I-601 work in such instance is in removal 

[Boiler 45,317]

Certainly is an unusual one.

[Family 3,988]

2 hours ago, Boiler said:

Certainly is an unusual one.

It’s pretty common at the Southern Border with people using a relative’s LPR card or an impostor fraud visa. USCIS can waive the fraud w I-601 at adjustment stage…but they make it almost impossible ..

https://www.uscis.gov/sites/default/files/err/H5 - Waiver of Inadmissibility - Misrepresentation - 212 (i)/Decisions_Issued_in_2023/JUL282023_01H5212.pdf