Case Abandoned - AOS Denied

[RICARDO4EVA2 194]

Seeking some information for a friend. She is now 22 and  her parents got married  8 years ago when she was 14.

 

I-130 for family member

Priority Date:  May 6, 2016

Case Approved: Feb. 6, 2017

 

The I485 was denied for the following reason: Evidence,  was not sufficient to establish for the benefit sought. Jan. 10, 2017, USCIS requested: income tax return from petitioner on I864 for recent year plus supporting tax documents such as W2s. 87 days given, no response. The case was denied due to abandonment. 

Due to having an incorrect address on file, they did not get any of the notices until after the respond by date. They were given 33 days to file a motion which expired a month ago. They do have the return mail with stickers from the US Post.  

 

Can they now file an appeal since it is cheaper than refiling? 

The daughter was working at time time of the I864 request,  Since she is legally working can she use her income as support  for the case?

 

[NigeriaorBust 4,087]

how is she legally working with a denied AOS ? 

[RICARDO4EVA2 194]

1 minute ago, NigeriaorBust said:

how is she legally working with a denied AOS ? 

She is on Differed Action status. 

[NigeriaorBust 4,087]

  It is on them to notify USCIS of their move , so it doesn't appear that there is any error on the government side to the denial.  What would be the basis of the  appeal ?  Is the daughter living with the parents ?

[zilchfox 296]

Quote

If the underlying application or petition was denied due to abandonment (e.g. failure to respond timely to a request for evidence or a notice of intent to deny), a motion to reopen may be filed if it can be shown that:

• The requested evidence was not material,
• The required initial evidence was submitted with the application or petition,
• The request for appearance or additional evidence was complied with during the allotted period, or
• The request for evidence or appearance was not sent to the address of record.

 

It looks like it was sent to the address on record, and she failed to properly notify USCIS of her new address. I doubt her motion to re-open will be approved, she'll probably have to start at square one again and start the AOS process over again. That sucks, and a waste of money, but hey, it could be worse.

Edited April 25, 2017 by zilchfox

[Pinkrlion 2,607]

7 hours ago, RICARDO4EVA2 said:

Seeking some information for a friend. She is now 22 and  her parents got married  8 years ago when she was 14.

 

I-130 for family member

Priority Date:  May 6, 2016

Case Approved: Feb. 6, 2017

 

The I485 was denied for the following reason: Evidence,  was not sufficient to establish for the benefit sought. Jan. 10, 2017, USCIS requested: income tax return from petitioner on I864 for recent year plus supporting tax documents such as W2s. 87 days given, no response. The case was denied due to abandonment. 

Due to having an incorrect address on file, they did not get any of the notices until after the respond by date. They were given 33 days to file a motion which expired a month ago. They do have the return mail with stickers from the US Post.  

 

Can they now file an appeal since it is cheaper than refiling? 

The daughter was working at time time of the I864 request,  Since she is legally working can she use her income as support  for the case?

 

How did they have an incorrect address?  What the post office stickers will show is the mail was forwarded to the new address.

[RICARDO4EVA2 194]

10 hours ago, NigeriaorBust said:

  It is on them to notify USCIS of their move , so it doesn't appear that there is any error on the government side to the denial.  What would be the basis of the  appeal ?  Is the daughter living with the parents ?

No the daughter is living away from home in college. The parents did  not update their address as it was going to a P.O. Box which were all returned.

 

Thanks

 

[RICARDO4EVA2 194]

11 hours ago, NigeriaorBust said:

how is she legally working with a denied AOS ? 

Could she file to  preserve minor "child"  status if she must refile?

[RICARDO4EVA2 194]

4 hours ago, Pinkrlion said:

How did they have an incorrect address?  What the post office stickers will show is the mail was forwarded to the new address.

The mails were going to a P.O. Box

[Pinkrlion 2,607]

Did they pay the po box bill?

[inloveVEN 46]

but P.O. Box sometimes are safer than a physcal address, what was wrong with the P.O. Box?

[Hypnos 6,576]

Unfortunately they're now no longer eligible to file for AoS as an immediate relative (child under 21). They would need to wait around five years to seek a green card under either the F1 preference (if the I-130 was filed by a US citizen parent), or F2B (if filed by an LPR parent--and would also need to remain unmarried under this category)--or substantially greater than five years if they're from either Mexico or the Philippines.

 

This was an entirely avoidable situation, and they will now pay the price for this basic error.

[NigeriaorBust 4,087]

  USCIS wants a physical address ( I guess in case they want to do a home visit )  I think trying to revive the old petition is not going to work because the address issue was their fault not USCIS.    The I 130 is still good . Was it filed by the USC ?  If so the age froze on filing.    It is the I485 that may need to be refiled.  

  If the petition (Form I-130, Petition for Alien Relative) was filed by a U.S. citizen parent for his or her child, the beneficiary’s age “freezes” on the date of filing.

[NikLR 13,220]

No basis for appeal.  Government didnt screw up. Waste of money and refiling isnt possible. 

[Transborderwife 4,666]

She cannot AOS in country