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Marcel G.

My stepson's I-485 application was denied

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The I-485 I filed for my wife's son was denied. The processing office didn't specify but advises us that document(s) where missing. Their letter states that their regulations do not allow me to appeal this decision. However, if I believe they denied my form I-485 in error,I may file form I-290B,Notice of appeal or Motion, with in 30 days of the date of the notice of you received it in person,or within 33 days it I received it by mail.

Did anyone encountered this situation before and how was it reopened and reconsidered to finally obtain the Green card?

 

Regards Marcel 

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15 minutes ago, Marcel G. said:

The I-485 I filed for my wife's son was denied. The processing office didn't specify but advises us that document(s) where missing. Their letter states that their regulations do not allow me to appeal this decision. However, if I believe they denied my form I-485 in error,I may file form I-290B,Notice of appeal or Motion, with in 30 days of the date of the notice of you received it in person,or within 33 days it I received it by mail.

Did anyone encountered this situation before and how was it reopened and reconsidered to finally obtain the Green card?

 

Regards Marcel 

Why appeal? You would have to prove they made the error and that you actually submitted what they said was missing. It cost $650 to file a I-1290B and can take years Nit an easy short and sweet process.

 

What was it that was left out the package? The new process that started September 6th is not everyone will get RFE for missing information they will just be Denied.


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I agree, if required documentation is not in the original filing, USCIS is now denying submissions outright instead of sending RFEs.  If you can prove the missing information was included in the original filing, then sure, file the 290B.

 

Good Luck!


Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

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N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

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Oath Ceremony:  2018-06-11 - DONE!!!!!!!

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What documents/evidence did you send with the original package?  If you list them here, we can help you determine what actually was left out.


Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

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Aug 21, 2017 (Day 37) - Interview Appointment Letter received in the mail, appointment for 09/27/17

Sep. 27, 2017 (Day 74) - Naturalization Interview--- read my experience here

Sep. 27, 2017 (Day 74) - Online MYUSCIS status shows "Oath Ceremony Notice mailed"

Sep. 28, 2017 (Day 75) - Oath Ceremony Letter PDF posted online--Ceremony for 10/19/17

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It would be faster to reapply IMO, and make sure you double check everything, on the forms, list of required documents, have someone else look over everything, and re-submit.  The appeal will take a long time with no guarantee of success anyway.    What documents did you forget?  They are now doing "desk rejects" of applications with no appeal, not issuing RFEs anymore if any required documents are missing.  It's to prevent "placeholder" applications where some people want to simply get the process going and submit documents later thinking they'll just get an RFE and have a chance to fix things later.  Sorry this happened but your fastest path forward would be to re-submit another application and triple-check everything, especially the list of documents.

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