RFIE - supplement A to I-485 - please help!

[travelista 0]

Hello everyone,

I applied for adjustment of status and received NOAs a couple of weeks ago, and I have my biometrics appointment set for tomorrow. Today I received a letter with Request for Initial Evidence.

I am asked to submit one of the following:

* Evidence of your lawful admission to US. Such evidence includes, but is not limited to, I-94, Form I-512 or copy of non immigrant visa from passport.

OR
* If you entered the US without inspection, you must submit evidence of your eligibility for adjustment of status under section 245(i) of the INA.

My situation:

- I have been in the U.S. since 1997, arrived on F-1 (student) visa, then continued to 1-year EAD (employment authorization following completion of studies), then F-1 again, then G-4 (employee of an international organization).

- I am applying for adjustment of status based on family (husband).

- My most recent I-94 is from July 28, 2013, since I frequently travel abroad for work.

- I think they asked for supplement A because I indicated that I arrived in the U.S. in 1997 as a student. However, and importantly, I have always maintained a lawful presence.

What should I do, would you recommend that I retain an attorney, since my case may be a bit different than most?

Thanks so much!

Edited September 10, 2013 by travelista

[h13rma 35]

ouch, I'm sure someone here will know, but not me.

[Hypnos 6,579]

Respond to the RFE with a copy of your most recent I-94; that is all that is required to prove a legal entry.

Edited September 10, 2013 by Hypnos

[travelista 0]

Thanks, Hypnos. My concern is that they specifically sent me the form for Supplement A with the request for initial evidence, indicating that they want this filled out or think I may fall under Section 245(i). Any thoughts?

Edited September 10, 2013 by travelista

[Hypnos 6,579]

That's a standard letter they send out when you have failed to include proof of legal entry with your initial filing, since certain applications under 245(i) do not have to prove legal entry, so they are giving you that avenue if you qualify for it (which you do not).

A copy of the I-94 (front and back) is all they will need to see.

Edited September 10, 2013 by Hypnos

[Harpa Timsah 13,261]

Yep to Hypnos.

[sand_dancer 0]

I got a RFIE recently too for the same reason that I need to send my I-94 and they also enclosed the 245(i) But I don't Qualify either so it's just a standard form they enclose just in case.

[travelista 0]

Thank you, this helps! I was ready to consult an attorney, but I'm going to send in the I-94 and fingers crossed that does it!