Hello Folks,
A relative of mine has a peculiar case that we need some guidance with.
Background
Recently received a Notice of Decision for I-485 Denial. The reasons why I-485 was denied are:
1. Record of entry into the United States not completed (Although he filled out I-94 portion and added I-94)
2. No I-864 attached
3. Birth Certificate not acceptable (Old form)
Now below are the questions we have:
1. He has a copy of the I-94. (Entered in 2003). However, the passport he entered with has long been lost.
In his first application, he stated that the passport is lost and therefore does not have entry passport and visa information. How can he get around this problem? Note that the I-94 is available.
2. The I-130 is pending. No decision yet. Do you suggest that he starts all over again with both I-130 and I-485? In case I-130 is approved, can he file a new I-485 against the same old I-130? What are the chances that the I-130 will be approved though I-485 has been denied?
Please share your experience and/or knowledge.
Thank you