What to take to AOS interview (Father of 22 yo USC)

[HRQX 4,145]

Seems I received a generic I-485 interview notice:

My details:

Current situation: I have valid TPS for El Salvador until early 2020: https://www.uscis.gov/humanitarian/temporary-protected-status/temporary-protected-status-designated-country-el-salvador

GC Financial Support: I have 60 SSA credits. I already submitted my I-864W in early Dec 2017

Medical exam: A civil surgeon signed the (sealed) I-693 in early Nov 2017. I submitted the sealed I-693 envelope with my AOS packet in early Dec 2017.

US entry: I last Entered Without Inspection in early 1999. I currently live in the jurisdiction of the 9th circuit: https://cdn.ca9.uscourts.gov/datastore/opinions/2017/03/31/14-35633.pdf

I-130 petitioner: My 22 yo US-born biological son

 

My questions: @geowrian, @Hypnos, etc.

1. Is my I-693 still valid?
2. What documents should I take to the interview? I don't think the list on the interview notice fully applies to my situation.

Edited April 16, 2019 by HRQX

[HRQX 4,145]

Update: I had my interview on May 13. Received "case is being held for review" notice.

On 4/16/2019 at 4:29 PM, HRQX said:

Is my I-693 still valid?

Yes, until this November.

On 4/16/2019 at 4:29 PM, HRQX said:

What documents should I take to the interview? I don't think the list on the interview notice fully applies to my situation.

I took the interview notice, my ID, my full personal copy of the I-485 packet I sent in, and original documents (birth certificates, etc.). Only the interview notice and my ID was looked at.

 

Today I received an RFE dated May 23. It only requests to "Submit copies of your military records and discharge certificate. Please include the units, battalians, divisions you served and locations, and the name of your commanding officer" with English translations. It's regarding the 2 years I was in the Salvadoran Army in the early 90s. I've contacted family members that hopefully can get those documents on my behalf.

 

My new question is:

Should I also do a new I-693 medical and submit it together with the above requested documents? Or is that not allowed or not recommended? My current medical will expire in early November 2019.

@geowrian, @Hypnos, etc.: Any input is appreciated.

Edited May 26, 2019 by HRQX

[geowrian 22,335]

I hope the interview went well! It sounds like it went fine as they only asked for some documents.

Sorry for not seeing this originally...I only see tags/mentions in my notifications, and that usually gets lost in the clutter if I check while on my phone.

 

13 hours ago, HRQX said:

Should I also do a new I-693 medical and submit it together with the above requested documents? Or is that not allowed or not recommended? My current medical will expire in early November 2019.

There's nothing prohibiting sending a new medical. However, it's still valid for another 6 months so I wouldn't worry about it at this time. They'll likely make a decision prior to the medical's AOS validity period expiration. If it starts to get too close, you can submit a new one at that time, or wait for an RFE at that point.

[Hypnos 6,576]

Not really much point in sending a new medical with it valid for another 6 months. They sound ready to adjudicate your application now. 

[HRQX 4,145]

2 hours ago, Jorgedig said:

Oh, wow.  Were you able to get the documents?

Not quite. Essentially, my family got the round around. They could only get a statement from the Social Security Institute of the Armed Forces without me being physically there. The statement doesn't have all the specific details the RFE requests. On top of that, my recollection of the dates was way off. Below is the body of the cover letter of my response to the RFE:

Quote

I-485 Correction: I recently realized that I served 4 months at the end of 1993; the 2 years in the late 1980s listed on the I-485 is not correct. My mistake was not willfully made; refer to Volume 8, Part J of the Policy Manual: https://www.uscis.gov/policy-manual/volume-8-part-j-chapter-3#S-D-6

 

Salvadoran Military Records and Discharge Certificate: My family members in El Salvador contacted the 5th Brigade of the Infantry in San Vicente but were told to contact IPSFA (Social Security Institute of the Armed Forces) instead. If I leave the United States, my I-485 will be considered abandoned since I don't have a valid I-512 document. The most IPSFA could provide without me being physically present at their office was my dates of service, my military ID number, and the name of the Army unit I served.

USPS delivered the documents to the San Francisco Field Office 20 days ago.

Edited July 4, 2019 by HRQX

[HRQX 4,145]

Hi @geowrian. I'll start this post with follow-up questions to my pending I-485 case and then further below pose unrelated questions to my wife's I-90.

On 5/26/2019 at 12:30 PM, geowrian said:

They'll likely make a decision prior to the medical's AOS validity period expiration.

So my November 2017 medical is definitely expired. I have a feeling that my pending I-485 is in a black hole; current events are also not optimal. I never received confirmation that they received my RFE response from last year. At least the I-130 petition was approved in May 2020 after my son submitted an out of processing times and Ombudsman inquiries late last year. Might my case still be DIY? Should I send in an unsolicited new I-693 medical?

-----------------------------

For my wife's GC, it has incorrect DOB by 1 week. For example, actual DOB is 07/14/1963 and DOB on GC is 07/21/1963. The mistake was on my wife's part. Her current GC expires mid-December 2020. I assume the correct I-90 filing reason is "(E) My name or other information has been legally changed." even if her GC is about to expire. Is foreign passport and foreign BC with certified translation sufficient to correct the DOB?

 

Thank you in advance.

[geowrian 22,335]

20 hours ago, HRQX said:

Hi @geowrian. I'll start this post with follow-up questions to my pending I-485 case and then further below pose unrelated questions to my wife's I-90.

So my November 2017 medical is definitely expired. I have a feeling that my pending I-485 is in a black hole; current events are also not optimal. I never received confirmation that they received my RFE response from last year. At least the I-130 petition was approved in May 2020 after my son submitted an out of processing times and Ombudsman inquiries late last year. Might my case still be DIY? Should I send in an unsolicited new I-693 medical?

-----------------------------

For my wife's GC, it has incorrect DOB by 1 week. For example, actual DOB is 07/14/1963 and DOB on GC is 07/21/1963. The mistake was on my wife's part. Her current GC expires mid-December 2020. I assume the correct I-90 filing reason is "(E) My name or other information has been legally changed." even if her GC is about to expire. Is foreign passport and foreign BC with certified translation sufficient to correct the DOB?

 

Thank you in advance.

Hey! Sorry for the delay...been dealing with some medical stuff the last 24h and haven't been able to put in a dedicated block of time on a question.

 

As for the RFE response acknowledgement, you could try getting in touch with a Tier 2 on the USCIS customer service line. They would be able to actually look at the case history and see if anything was recorded. The I-130 approval is a good sign.

 

I would not suggest sending an unsolicited I-693. Generally they suggest not sending it unless requested...there's a greater chance IMO of it never getting attached to your account.

This user's mother got a notice of deficiency and it suggested not to send...I can only assume the same instructions apply to a medical that expired.

 

My guess is they are doing an advisory opinion / legal review on the case given it's specifics. That ordinarily takes what seems like forever, and with the current situation (pandemic + funding), it's likely not helping things either.

 

=====

Yes, she would use reason 2.e. for her circumstances. From the instructions:

Quote

Item Number 2.e. My name or other biographic information has been legally changed since issuance of my existing card. Select this reason if your biographical information has changed since the issuance of your card. You may also select this reason if your card has incorrect data and the error was not caused by DHS

I would include those pieces of evidence, along with a description of the error (if filing by paper....I'm unsure if you can add attachments if filing it electronically, sorry).

[HRQX 4,145]

1 hour ago, geowrian said:

As for the RFE response acknowledgement, you could try getting in touch with a Tier 2 on the USCIS customer service line. They would be able to actually look at the case history and see if anything was recorded. The I-130 approval is a good sign.

 

I would not suggest sending an unsolicited I-693. Generally they suggest not sending it unless requested...there's a greater chance IMO of it never getting attached to your account.

This user's mother got a notice of deficiency and it suggested not to send...I can only assume the same instructions apply to a medical that expired.

 

My guess is they are doing an advisory opinion / legal review on the case given it's specifics. That ordinarily takes what seems like forever, and with the current situation (pandemic + funding), it's likely not helping things either.

Thank you! That makes sense.

-----------------------------

1 hour ago, geowrian said:

along with a description of the error (if filing by paper....I'm unsure if you can add attachments if filing it electronically, sorry).

She filed electronically yesterday. Before "Review and Submit" section there was "Evidence submission" section. There she uploaded the Passpost, Birth Certificate with translation, and a PDF titled "To USCIS." In that PDF she said: "My correct DOB is [MM/DD/YYYY]. I've uploaded my Passport and Birth Certificate with translation as proof."

Edited July 20, 2020 by HRQX

[geowrian 22,335]

14 minutes ago, HRQX said:

She filed electronically yesterday. Before "Review and Submit" section there was "Evidence submission" section. There she uploaded the Passpost, Birth Certificate with translation, and a PDF titled "To USCIS." In that PDF she said: "My correct DOB is [MM/DD/YYYY]. I've uploaded my Passport and Birth Certificate with translation as proof."

Great! And good to know that the option exists, thanks.

[HRQX 4,145]

On 7/20/2020 at 8:38 AM, geowrian said:

My guess is they are doing an advisory opinion / legal review on the case given it's specifics.

Hi @geowrian. I don't have further update about my pending I-485, but on July 2nd I submitted I-765 with I-131 for 2nd EAD and AP renewal. The I-765 was approved on Sept. 3rd, but the I-131 was denied on Oct. 13th. I suspect the recently adopted AAO decision had an effect on the I-131 denial: https://www.uscis.gov/news/news-releases/uscis-adopts-aao-decision-on-tps-and-authorized-travel The denial notice didn't reference that AAO decision, though. The denial notice said:

Quote

After a thorough review of your application and supporting documents, we have denied your Form I-131, Application for Travel Document, that you submitted on July 2, 2020. You applied under section 212(d)(5)(A) of the Immigration and Nationality Act (INA). We have denied your application for the reasons noted below.
 

Generally, we exercise discretion to issue advance parole under INA 212(d)(5)(A) to applicants who:

• Have a pending Form I-485, Application to Register Permanent Residence or Adjust Status;
• Filed their Form I-131 with or after filing Form I-485;
• Are present in the United States after being inspected and admitted or paroled; and
• Are not in immigration proceedings or under an order of deportation, removal, or exclusion.

Statement of Facts and Analysis, Including Reason(s) for Denial

To be considered for an advance parole document (APD), you must establish that you are applying for lawful permanent resident (LPR) status and that you are eligible for this status under section 245 (a) or (i) of the INA.
 

We do not have sufficient evidence that an immigration officer admitted you in any particular status or paroled you into the United States. Because you have not established that you were admitted or paroled when you last entered the United States, USCIS will not issue you an APD.
 

Therefore, we have denied your Form I-131. This decision has no effect on future applications you may file with USCIS.

Should I try filing I-131 again for standalone AP and reference the following part of Ramirez v Brown 9th circuit decision since I reside in the 9th circuit? https://cdn.ca9.uscourts.gov/datastore/opinions/2017/03/31/14-35633.pdf "The panel held that under the Temporary Protected Status statute, 8 U.S.C. § 1254a(f)(4), a TPS recipient is deemed to be in lawful status and thereby has satisfied the requirements to become a nonimmigrant, including inspection and admission, for the purposes of adjustment of status."