I-485 Denied

[Loguz 6]

Hi everyone! We received a letter saying my AOS application was denied earlier today. The interview back in August went well, and my combo card was in the mail the week after. We did however received an RFE for Birth Certificate shortly after. We were confused as to why they would request my BC since they already had it, but decided to send an original copy of my BC along with an official translation from my hometown in France. The form itself is in French but it is translated into 10 different languages. Turns out this document wasn't good enough and USCIS now considers my application to be abandoned. I should have provided a complete translation and certify it myself.

 

The first thing we did was getting in touch with an attorney who agreed to meet us tomorrow. If I'm not mistaken, we have the possibility to either file I-485 all over again or ask for a Motion to Reopen or to Reconsider using form I-290B. If I choose to file MTR, my presence may become unlawful between the moment I submit I-290B and the moment they agree to reopen. That's a risk I'm not willing to take. Did any of you follow this path? If so, how did it go and how long did it take?

 

The other option would be to file for AOS again. The denial letter states that my EAD will be revoked within 18 days of the notice unless I submit proof that my I-485 remains pending. The wording here confuses me. Does that mean I can keep working without interruption if I decide to fill a new I-485? If not, will I have to wait one more year or more as I did after submitting my original I-485?

 

Again, I'll be in touch with a lawyer tomorrow, but it would be very helpful to get some advice, feedback, or to read similar experiences from you guys. Hopefully, this post can also help applicants who just got an RFE for their birth certificate.

 

Thank you!

[Crazy Cat 41,981]

This is an interesting article:

https://www.yeklaw.com/blog/2020/july/your-i-485-was-denied-what-are-your-next-steps-/

 

You might have to resubmit a new I-485 package.  

[Loguz 6]

Thank you Crazy Cat!

 

I'm mostly concerned about my EAD. It took USCIS about 10 months to send me my combo card. I was only able to work for a few weeks before receiving the denial. If I understand correctly, I would have to get another EAD because the one I have right now is about to be revoked. I don't mind waiting for the Green Card if I'm able to work in the meantime. I guess I could try to expedite the request, but even then I'm worried I'll have to wait forever again. Any input on that would be really appreciated.

[Letspaintcookies 2,310]

Your work permit belongs to a pending AOS. If there's no pending AOS there's unfortunately no work permit. You can expedite the new application like you said but it might take a whe again.

Edited October 2, 2021 by Letspaintcookies

[Letspaintcookies 2,310]

I'm not from France but I had an international birth certificate like you described it too and no problems with it.

[Crazy Cat 41,981]

17 minutes ago, Letspaintcookies said:

Your work permit belongs to a pending AOS. If there's no pending AOS there's unfortunately no work permit. You can expedite the new application like you said but it might take a whe again.

Those are my thoughts, too.  Once an I-485 is denied, the EAD is voided.  

 

https://www.avvo.com/legal-answers/when-i-receive-a-denial-for-an-i-485-does-the-empl-1056886.html

https://terralawyer.com/my-green-card-got-denied/

[Crazy Cat 41,981]

@Loguz, please let us know what the attorney says.

[HRQX 4,145]

3 hours ago, Loguz said:

The wording here confuses me.

Could you share a scan of the notice with personal info blacked-out?

[Crazy Cat 41,981]

1 minute ago, HRQX said:

Could you share a scan of the notice with personal info blacked-out?

Does USCIS typically send a NOID type letter before final denial?  

Edited October 2, 2021 by Crazy Cat

[HRQX 4,145]

3 minutes ago, Crazy Cat said:

Does USCIS typically send a NOID type letter before final denial?  

Sometimes they do, but not always. After seeing the recent notice there may be more context.

[Loguz 6]

43 minutes ago, Letspaintcookies said:

I'm not from France but I had an international birth certificate like you described it too and no problems with it.

@LetspaintcookiesI mean, the form was "issued by a government agency", it shows "timely registration, date and place of birth, and parents' names". @HRQX I'm quoting the RFE here. It's the same document we used for I-129F, and it was accepted back then.

 

I'm having a hard time understanding how this could be ground for denial, especially after the officer said there weren't any "red flags" at the end of my ITW.

 

@Crazy Cat I will let you know what the attorney says. Can you guys tell me more about NOID? Thank you!!

[Letspaintcookies 2,310]

It's a notice of intend to denial. Kinda like a last, last RFE. They let you know that they intend to deny you but usually give you a last chance to fix it.

[HRQX 4,145]

7 minutes ago, Loguz said:

It's the same document we used for I-129F, and it was accepted back then.

You could also contact the CIS Ombudsman as a backup since that office is currently backed up with assistance requests: https://www.dhs.gov/topic/cis-ombudsman/forms/7001 "I have received an action or decision that involves clear errors of fact or gross and obvious misapplication of the relevant law by USCIS." Include a print-out of the DOS Reciprocity table: https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country/France.html

[Loguz 6]

16 minutes ago, HRQX said:

You could also contact the CIS Ombudsman as a backup since that office is currently backed up with assistance requests: https://www.dhs.gov/topic/cis-ombudsman/forms/7001 "I have received an action or decision that involves clear errors of fact or gross and obvious misapplication of the relevant law by USCIS." Include a print-out of the DOS Reciprocity table: https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country/France.html

This is great advice, the Ombudsman would be our last resort I guess.

 

25 minutes ago, Letspaintcookies said:

It's a notice of intend to denial. Kinda like a last, last RFE. They let you know that they intend to deny you but usually give you a last chance to fix it.

That's all we needed really. If I had received notice of intent to DENIAL, maybe I would have consulted an attorney before making any further decision. 

 

Thanks, guys, I'm glad I posted here.

[HRQX 4,145]

12 minutes ago, Loguz said:

This is great advice, the Ombudsman would be our last resort I guess.

You could submit the assistance request today to at least join the queue at the Ombudsman's office while you follow a different plan A as the main strategy.

Edited October 3, 2021 by HRQX