SnowFairy

Thank you for explaining it all!🙏 And yeah, I'll do a FOIA just in case.

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)

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:)

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.

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.

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!🙏🙏🙏

What do I win by denying 3 and 4, rather than just fixing it? Or do I formally deny, but then write the correct info? They are going to see it as soon as they receive my response, not in court, no? I'm worried it might cause further delays, a second NOIR, etc. Thank you again!

Thank you so, so much for this draft!🙏 I prepared it for submission. Would you mind taking a look to see if that's what it's supposed to look like? For example, the response and the statement are two separate documents, right? And I get Jurat only for the statement itself? Do I list and add any other evidence, such as 485 receipt or approval notice, etc? They also messed up the dates in allegations 3 and 4, just for a few days, is my way of correcting them ok?

May 2022.

After, I filed in July 2023.

Hey! Thank you for taking time to respond! It seems that USCIS confused everyone with that policy change. The announcement (https://www.uscis.gov/newsroom/alerts/uscis-clarifies-physical-presence-guidance-for-asylees-and-refugees-applying-for-adjustment-of) says that we need a year of physical presence to be eligible for AOS, but when you open the actual policy manual that they amended (https://www.uscis.gov/policy-manual/volume-7-part-m-chapter-2), then it's a year of physical presence after the asylum grant. I had been present in the US for over a year when I filed I-485, but the physical presence after asylum grant requirement still applies. Asylum-based GCs are backdated one year, so now my 'resident since' date is before the asylum grant, which makes no sense. Anyway, they admit in the NOIR that the petition was approved in error (see attached). Is there any template or requirements to response to NOID? Or do I just write a statement in my own words and attach proof? Thanks!

That idea didn't occur to me. Can you provide any more info? I thought they scheduled those appointments just for the three reasons listed on the website (ADIT, IJ grant and EAP). How do I schedule one to discuss a NOIR?

Asylees become eligible for GC one year after asylum grant (INA 209). Previously, we were supposed to wait this year before we applied. On February 2, 2023, USCIS changed the rules to allow us to apply right away, but they still cannot approve it until the one-year mark. And since then it's been a mess, a lot of unjustified denials and erroneous approvals. Technically, I just need them to rescind the previous approval and re-approve the same petition right away since I'm now eligible and didnt break any rules when applying, but the problem is new and it's hard to find similar stories with clear outcomes.

Hello everyone! I need help with a pretty rare situation here. Back in March, USCIS approved my I-485 a few weeks before I became eligible. I pointed it out to them, and now they sent me an NOIR. The form was indeed approved in error, but it was their mistake and not mine, since asylees are allowed to apply before they satisfy the one-year requirement. What do I do now? As I see it, my options are: Respond to NOIR. Are they able to re-approve the petition? Or if it was approved in error, they can only rescind? Can I still do I-290B and ask them to reopen? Request a hearing in front of a judge. What are the chances, possible outcomes and risks in this scenario? Ignore it, wait for a rescission, re-apply. Why do people say that you end up in removal proceedings if your GC is rescinded? Don't you just go back to your previous status? I'm probably going to get a lawyer anyway. How do I find one that has dealt with something similar? Any info and advice is greatly appreciated🙏