Please help...application denied!

[MikeeGage 0]

Hello guys. I just want to ask help in behalf of our close family friend. He came here using K1 visa. 2006, his wife and him got married in Vegas. His wife is from California. After the wedding, he stayed here in Vegas because his wife is not ready to tell her kids that she got married. His wife went back in CA. They applied for adjustment of status using the CA address. It got approved. He had conditional green card and got a job. The problem arises when they had to apply for a 10 year green card. April 2011, his wife did not send his the letter of Request for evidence notice and yesterday my friend received from his wife the INS letter dated July 06, 2011. The letter stated:

Notice of Decision

On January 24, 2011, the conditional permanent resident (CPR) jointly filed Form 1-751, petition to remove conditions on residence. On April 11, 2011. USCIS issued a request for evidence providing the CPR 42 days in which to respond. That time period had elapsed and, as of this date, there is no record of a response to that request.

If a petitioner fails to respond to a USCIS request for evidence or notice of intent to deny within the allotted period, the petition is considered abandoned. 8.C.F.R. 103.2 (b) (13) (i) states:

………. If the petitioner or applicant fails to respond to a request for evidence or to a notice of intent to deny by the required date, the application or petition may be summarily denied as abandoned, denied based on the record, or denied for both reasons….

Therefore, it is ordered that the petition is denied due to abandonment, and the CPR’s conditional residence status is terminated concurrently. This decision may not be appealed. However, the CPR may file a motion to reopen in accordance with 8 C.F.R. 103.5. See form M-188. Furthermore, the CPR may request a review of this decision before an immigration Judge pursuant to 8 C.F.R. 216.4(d)(2). Please note that a Notice to Appear before an Immigration Judge will be issued and a copy forwarded to the CPR.

The CPR is hereby directed to immediately surrender his/her Alien Registration Card to a local U.S. Citizenship and Immigration Services Office.

Motion to Reopen based on an Abandonment Denial

A denial for abandonment cannot be appealed. However, the applicant or petitioner may file a motion to reopen in accordance with 8.C.F.R. 103.5(a)(2). The motion must be filed within thirty days of this decision and be submitted with the filing fee of $630.00. The motion must demonstrate that the USCIS decision was in error and must include evidence showing.:

(1) The requested evidence was not material to the issue of eligibility.

(2) The required initial evidence was submitted with the application or petition, or the request for initial evidence or additional information or appearance was complied with during the allotted period; or

(3) The request for additional information or appearance was sent to an address other than that on the application, petition, or notice of representation, or that the applicant or petitioner advised USCIS, in writing, of a change or address or change of representation subsequent to filing and before USCIS request was sent, and the request did not go to the new address.

The motion to reopen must address at least one of the three preceding issues. If the applicant or petitioner files a motion to reopen that does not show that the decision was in error because of at least one of the three preceding issues, the motion will be dismissed. Submission of the previously requested evidence at this time will not overcome the abandonment decision.

However, if the applicant or petitioner claims that he or she submitted the requested evidence to this office timely, he or she must submit evidence of mailing, such as a return receipt, and include an additional set of the previously requested evidence in addition to the motion.

The applicant or petitioner may instead file a new application or petition with fee. 8.C.F.R. 103.2 (b) (15) states that the priority or processing date of an abandoned application or petition may not be applied to a new application or petition.

Please help my friend, guys…Thank you very much!

Mikee

[No-Where-Man 147]

Im sorry to hear that

Since they were separated most of the time, so I assume there was not alot of evidence of bonafide of the relation, beside deciding to stay away because of her kids is not a reason that the USCIS will take. and most likely the reason why USCIS issued an RFE, the fact thart the wife didnt forward the RFE on time is another issue that he will need to explain to USCIS

Its complicated and the best thing to say is that he needs a very good immigration lawyer trying to clear him self here.

Someone here might give you a name of a good lawyer

Sorry to hear that

Edited August 12, 2011 by no_where_man

[MikeeGage 0]

Im sorry to hear that

Since they were separated most of the time, so I assume there was not alot of evidence of bonafide of the relation, beside deciding to stay away because of her kids is not a reason that the USCIS will take. and most likely the reason why USCIS issued an RFE, the fact thart the wife didnt forward the RFE on time is another issue that he will need to explain to USCIS

Its complicated and the best thing to say is that he needs a very good immigration lawyer trying to clear him self here.

Someone here might give you a name of a good lawyer

Sorry to hear that

Thank you, that is what I told him...Can someone here recommend a lawyer? Thanks..

[NigeriaorBust 4,087]

The telling your kids excuse might be good for a week or a month but 2 years ? It looks like she married him to let him stay in the US and then they each went about their separate lives. I would suggest heading to immigrate2us.net as they specialize in problematic cases and your friend is looking like he won't be staying unless there is a bundle of evidence like family vacation pictures we don't know about. Good luck