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 fianc (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
samisbabushki0802
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1:42 pm July 6, 2023
