Early GC approval and subsequent NOIR

[SnowFairy 10]

On 7/30/2024 at 11:49 PM, Family said:

The 30 clock is on.
They executed and served you. Unless they fix the error and pull back, you go to court. You never ever..like never give up advantage …and certainly don’t give them an opportunity to amend and start a whole new 30 days .

Whether you deny one or all allegations, it’s the same …and results in contested hearing. Judge will be sympathetic to you when you point to yet another error. 
 

A defective NTA , for example is a win…but  you are not fighting removal …If they take status , you are still an approved asylum holder who can simply file new adjustment….

 

Please don’t let Time , stress you. ..as you are in this to win. You were very blessed to enter and apply for asylum when you did. There are a bizzilion people stuck waiting for 5-8 years 

 

https://www.cliniclegal.org/resources/removal-proceedings/bia-holds-dhs-cannot-file-form-i-261-remedy-defective-ntas

 

Hi Family!

 

I just wanted to let you know that I got my new green card! I was a little concerned when they responded that "it looks like you agree with all the allegations, so we'll go ahead with the rescission and work on your new form now", but within a month the new one was approved, they even reused I-693.

 

Thank you so much again for your help!🙏🙏🙏

[TBoneTX 45,384]

13 hours ago, SnowFairy said:

I got my new green card!

Wonderful news -- and thanks for returning with your happy update!

[Family 4,014]

On 11/3/2024 at 8:26 AM, SnowFairy said:

 

Hi Family!

 

I just wanted to let you know that I got my new green card! I was a little concerned when they responded that "it looks like you agree with all the allegations, so we'll go ahead with the rescission and work on your new form now", but within a month the new one was approved, they even reused I-693.

 

Thank you so much again for your help!🙏🙏🙏

That is excellent news! Am happy you had the courage to tackle this DYI style…It is a HUGE win, pat yourself on the back. 
 

Glad I was able to help 😂

[Family 4,014]

On 11/3/2024 at 8:26 AM, SnowFairy said:

it looks like you agree with all the allegations, so we'll go ahead with the rescission and work on your new form now", but within a month the new one was approved, they even reused I-693

You promised me you would deny at least one 😂…did you?

 

Your medical  was good for 2 years from Dr signature …so they had to honor…medicals after Nov 2023 don’t expire 

Edited Saturday at 12:42 AM by Family

[SnowFairy 10]

6 minutes ago, Family said:

You promised me you would deny at least one 😂…did you?

I contested two of them. If the facts are correct, and we just argue to their legal interpretation and consequences, then we technically can't outright deny them, right?

 

Also, legally, it shouldn't matter whether I contest or deny, the matter anyway goes to court.

Edited Saturday at 12:45 AM by SnowFairy

[Family 4,014]

14 minutes ago, SnowFairy said:

I contested two of them. If the facts are correct, and we just argue to their legal interpretation and consequences, then we technically can't outright deny them, right?

 

Also, legally, it shouldn't matter whether I contest or deny, the matter anyway goes to court.

Until Allegations are proven, they are not “facts”…even country of origin can be denied ( if need be ) as a timing strategy.

Denial of allegations determines who has the burden of proof…and gaines the legal advantage.

And you only go to court IF they refuse to correct themselves. …and you had a slam dunk win in court. 
Treat yourself to a $$$ celebration. 😂.

 

Am laughing at the response you got that said they will work “ on new form”…since although I told you to send a new I-485 form “copy”..they could NOT accept a new filing under any circumstances.

Did you send another I-485 as I told you?

Edited Saturday at 01:03 AM by Family

[SnowFairy 10]

13 minutes ago, Family said:

Am laughing at the response you got that said they will work “ on new form”…since although I told you to send a new I-485 form “copy”..they could NOT accept a new filing under any circumstances.

Did you send another I-485 as I told you?

 

I did send another I-485 (original filed to lockbox, copy attached to the response to NOIR, as discussed). What do you mean they couldn't accept it under any circumstances? 

 

Also, my medical was initially filed before November 2023, so it can expire, but we're still within the 2-year validity period.

Edited Saturday at 01:11 AM by SnowFairy

[Family 4,014]

On 7/29/2024 at 3:31 PM, Family said:

Attempting to lodge a 2nd now is more a tactic to show OP exhausting all “reasonable “ actions …am SUPER impressed he returned the plastic card ( assuming via an I-90 for error) I actually believe 2nd I-485 should be rejected at mailroom …but may go through.  Noteworthy to mention, he can do fee waiver , if qualified.

Filing the 2nd I-485 w USCIS was a strategic/tactical move. ..thought this in earlier post clarified it. 
USCIS can’t take away LPR status…therefore they can’t give another status…a supervisory review caught the mistaken response you initially got that claimed you agreed to all allegations and that they have some form to work on.

Either way, you got in on the last days where anything will move that fast…take the win and enjoy.

 

I just got access to forum, after a long involuntary VJ holiday 😂…so with a precarious future, I hereby designate you as the LPR rescission guru! Keep posting and give advice based on your very expert /hands on qualified win. 
Asylees will need help, cause legal fees will surely skyrocket soon

[SnowFairy 10]

3 minutes ago, Family said:

Filing the 2nd I-485 w USCIS was a strategic/tactical move. ..thought this in earlier post clarified it. 
USCIS can’t take away LPR status…therefore they can’t give another status…a supervisory review caught the mistaken response you initially got that claimed you agreed to all allegations and that they have some form to work on.

Either way, you got in on the last days where anything will move that fast…take the win and enjoy.

 

I just got access to forum, after a long involuntary VJ holiday 😂…so with a precarious future, I hereby designate you as the LPR rescission guru! Keep posting and give advice based on your very expert /hands on qualified win. 
Asylees will need help, cause legal fees will surely skyrocket soon

 

Oh man... I hope I'm not creating another post in four years titled "Guys, my N-400 is getting denied because USCIS messed up my I-485 approval twice, what do I do?!"...

 

Thank you for the trust. Not sure about rescissions in general, but yeah, let's see if any asylees here need help:)

[SnowFairy 10]

51 minutes ago, Family said:

Filing the 2nd I-485 w USCIS was a strategic/tactical move. ..thought this in earlier post clarified it. 
USCIS can’t take away LPR status…therefore they can’t give another status…a supervisory review caught the mistaken response you initially got that claimed you agreed to all allegations and that they have some form to work on.

 

So what's the hypothetical worst case scenario here? USCIS says that the second GC is invalid because they didn't have the authority to rescind the first one and thus to accept the second I-485? And them telling me that they're rescinding it doesn't count as an actual rescission because I was vocal enough to object but not enough to prevent the rescission? And then what? They can't initiate a second rescission based on the same grounds, right?

 

Just trying to figure out if the current approval might also somehow be considered erroneous, and if there's something I should be doing about it)

[Family 4,014]

1 hour ago, SnowFairy said:

 

Oh man... I hope I'm not creating another post in four years titled "Guys, my N-400 is getting denied because USCIS messed up my I-485 approval twice, what do I do?!"...

 

Thank you for the trust. Not sure about rescissions in general, but yeah, let's see if any asylees here need help:)

Last detail , do a free online FOIA , request complete A# file from USCIS and EOIR.

I totally sure you will be a US citizen without any issue in 4 years…but it is a good idea to have a complete record til then….because you do have two I-485 case numbers 😂…

37 minutes ago, SnowFairy said:

 

So what's the hypothetical worst case scenario here? USCIS says that the second GC is invalid because they didn't have the authority to rescind the first one and thus to accept the second I-485? And them telling me that they're rescinding it doesn't count as an actual rescission because I was vocal enough to object but not enough to prevent the rescission? And then what? They can't initiate a second rescission based on the same grounds, right?

 

Just trying to figure out if the current approval might also somehow be considered erroneous, and if there's something I should be doing about it)

 

I did not clearly express myself…but THE current approval is rock solid and you have nothing to worry about…since they did NOT mess with taking away status, they can pretty much do anything.

 

Because USCIS chose to correct their error, they accepted the new I-485 as the most expedient option . ..without getting delayed into admin and rarely used procedures to fix 1st. 
 

The 1st I-485 is somehow admin closed ( you will likely see in FOIA) 

 

The 2nd I-485 is fine and flawless.
 

 

 

[SnowFairy 10]

4 minutes ago, Family said:

Last detail , do a free online FOIA , request complete A# file from USCIS and EOIR.

I totally sure you will be a US citizen without any issue in 4 years…but it is a good idea to have a complete record til then….because you do have two I-485 case numbers 😂…

 

I did not clearly express myself…but THE current approval is rock solid and you have nothing to worry about…since they did NOT mess with taking away status, they can pretty much do anything.

 

Because USCIS chose to correct their error, they accepted the new I-485 as the most expedient option . ..without getting delayed into admin and rarely used procedures to fix 1st. 
 

The 1st I-485 is somehow admin closed ( you will likely see in FOIA) 

 

The 2nd I-485 is fine and flawless.

Thank you for explaining it all!🙏

 

And yeah, I'll do a FOIA just in case.