I485 Denial for Vaccinations

[Jamie and Richard 26]

I am in need of help and not sure what is the best action to take. 
 

My husband arrived in the states March 30th of last year and we got married shortly after that and filed his AOS in June of last year. My husband didn’t do all of his vaccinations in the DR so it was necessary for it to be done once he arrived in the states. It completely slipped my mind once we filed his AOS as I was 8 months pregnant and dealing with a demanding job. In December we moved to a bigger home. We moved out of our apartment on December 5th, USCIS sent out the RFIE on December 4th for his vaccinations. I logged in December 31st to update our mailing address and saw the RFIE for the case, and saw that we had until January 4th to turn in his medical exam. Scrambling to get an extension, I was told that extensions are not allowed and if it wasn’t turned in it would be denied. I called several doctors to see if they could fit him in, and they all told me it would take 2 weeks. I turned in what we had and crossed my fingers. Obviously this was a huge mistake on our part and we got caught up in our move, being new parents and the holiday season. I logged in today to see that the case was denied and cannot be appealed. We planned on going to the DR next month so his family could finally meet our daughter, but it looks like we can’t go now because I don’t want him to lose his ability to come back to the states with me and the baby. 
 

Should we go ahead and refile? If we were to travel to the DR next month, would he be denied entry back into the states? What is our recourse? TIA!

[Lemonslice 4,830]

How long do you want to be separated?  

 

Traveling without his Advance Parole, he will not be able to travel back to the US.  

[OldUser 6,598]

7 minutes ago, Lemonslice said:

How long do you want to be separated?  

 

Traveling without his Advance Parole, he will not be able to travel back to the US.  

Based on spousal visa processing times ~18-24 months?

 

Agreed, it would be foolish to leave now.

[Jamie and Richard 26]

I’m not fixated on traveling right now. I’m fixated on keeping my husband here so we can raise our daughter as a family together. I would greatly appreciate advise on what our next plan of action should be, or if we should just go ahead and reach out to a lawyer. 

[Lemonslice 4,830]

20 minutes ago, Jamie and Richard said:

I’m not fixated on traveling right now. I’m fixated on keeping my husband here so we can raise our daughter as a family together. I would greatly appreciate advise on what our next plan of action should be, or if we should just go ahead and reach out to a lawyer. 

Just refile as soon as possible.  Make sure he gets the proper vaccinations this time

 

He shouldn't travel until he has AP in hand.

[Jamie and Richard 26]

4 minutes ago, Lemonslice said:

Just refile as soon as possible.  Make sure he gets the proper vaccinations this time

 

He shouldn't travel until he has AP in hand.

Thanks! I’m assuming the AP he has now is no longer valid? 
 

Would this ring true for his EAD as well?

[OldUser 6,598]

43 minutes ago, Jamie and Richard said:

Thanks! I’m assuming the AP he has now is no longer valid? 
 

Would this ring true for his EAD as well?

Yes, if petition is denied AP and EAD are not valid anymore.

 

If you're a US citizen, his unauthorized work will be forgiven if he's honest about it at the interview / on I-485 application.

 

This is not to encourage such work, just in case if this already occured.

 

However, travelling on AP based on denied petition may result in not being able to reenter the US.

Edited February 21 by OldUser

[Jamie and Richard 26]

14 minutes ago, OldUser said:

Yes, if petition is denied AP and EAD are not valid anymore.

 

If you're a US citizen, his unauthorized work will be forgiven if he's honest about it at the interview / on I-485 application.

 

This is not to encourage such work, just in case if this already occured.

 

However, travelling on AP based on denied petition may result in not being able to reenter the US.

Great! Thank you!

[Crazy Cat 41,802]

5 hours ago, Jamie and Richard said:

Thanks! I’m assuming the AP he has now is no longer valid?

Everything is invalid.  He must immediately refile a proper I-485 package, an I-131 package, and a new I-765 package. 

[Rocio0010 5,579]

File asap for the 485, i864, i131 and i765 asap. After you file, have him get his vaccinations (if you have insurance, go through their providers so that it costs less). Then, once he has all the vaccines needed, he should go to a USCIS civil surgeon and complete I-693. Wait until you get an RFE for it, then send it.

 

He shouldn't travel outside of the US until he as the AP.

[Boiler 45,439]

Perhaps it is me but I did all the filing as I was the beneficiary including making sure my Medical was good to go?

 

I would send it all in together, I do not like RFEs.

[Rocio0010 5,579]

37 minutes ago, Boiler said:

I would send it all in together, I do not like RFEs.

The problem with this approach is that he is out of status until the doctor can see him. It might not be long, but f I were in his shoes I would press to be under authorized stay asap.

38 minutes ago, Boiler said:

Perhaps it is me but I did all the filing as I was the beneficiary including making sure my Medical was good to go?

 

I would send it all in together, I do not like RFEs.

I agree. I see tons of USC "taking over" the cases but the beneficiary should be 100% involved too.

[Boiler 45,439]

I would have called the Civil Surgeons now, I would not wait to sort out whatever is missing. Some CS's sort out the missing themselves, some send you to get them done.

 

Possible that the new application and the medical are ready together or near enough.

[Bob in Boston 698]

Do it fast befor new rates kick in.......

[JojoandTomas 213]

On 2/21/2024 at 2:01 AM, Jamie and Richard said:

Great! Thank you!

Is there any update? Did you refile?