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OS lee

we denied your Form I-485, Application to Register Permanent Residence or Adjust Status- 33 Days to leave to US need help advice what to do?

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Filed: Other Timeline
Posted

I'm currently in the midst of a complex immigration journey, having applied for an adjustment of status. This process, which allows individuals already in the United States to apply for lawful permanent resident status (a green card), has been both challenging and enlightening. My journey began as a child, arriving in the United States as an asylee. Over the years, I've built a life here, marrying a U.S. citizen and raising a daughter. I-130 which was approved, but my application for a green card (Form I-485) was denied. The denial letter highlights a significant issue: I was present in the United States at the time of my application, which contradicts the law. It also warns of potential removal proceedings if I do not depart within 33 days of the letter's date.

In addition to the denial, I've received two Requests for Evidence (RFEs) and was advised by my lawyer to respond to only one. This advice, unfortunately, has not been helpful, leaving one RFE unaddressed. Given the gravity of my situation and the fact that I've been living in the United States for 37 years, I'm in a state of distress.

I'm reaching out to the community for guidance on how to proceed. Your insights could be invaluable in helping me understand my rights and the best course of action. If you've navigated a similar path or can offer advice on how to navigate the adjustment of status process, I would greatly appreciate your input.

IMG_6494.jpg

Posted

When you entered the US did you get inspected? If you entered without the inspection the unlawful presence is not "forgiven" even with marriage to a US citizen. I would look for a *good* lawyer at this point! If there are grounds for filing for a reconsideration of the decision, a competent attorney should be able to save you.  

03/04/2016 AOS (EB2-NIW concurrent with I-485) mailed to Lewisville TX Lockbox
03/07/2016 AOS delivered to USCIS and signed
03/12/2016 Case received by Nebraska Service Center (NSC)
03/14/2016 Text notification received for I-140/I-485/I-765/I-131.
04/08/2016 Biometrics notice received for 04/21
04/13/2016 Biometrics early walk-in completed.
04/15/2016 EAD/AP combo card received in mail.

 

Long wait begins...

 

11/04/2016 I-140/485 cases transferred from Nebraska to TCS
12/01/2016 Prepared package for EAD/AP renewal (expires 04/09/2017)
12/23/2016 USCIS suddenly changes several forms, invalidating my EAD/AP renewal package (not yet sent)
12/27/2016 USCIS suddenly reforms the entire NIW criteria system, replacing a 20 years old one. Uncharted waters. 
01/07/2017 (Saturday!) EAD/AP renewal package with new forms received in Phoenix "reception desk"
01/17/2017 EAD/AP renewal case accepted; text/email with receipt numbers was received
01/30/2017 Law firm finally confirms that USCIS has suspended processing all EB2-NIW cases due to new criteria. 
02/23/2017 USCIS slowly starts adjudicating NIW cases again.
04/21/2017 Extended EAD/AP received in mail. Valid for 2 years. 
05/06/2017 Received a massive RFE on I-140 NIW case.
07/20/2017 RFE response received by USCIS (a very long response with 30 pages of docs)
09/14/2017 I-140 NIW approved!!! 
11/28/2017 RFE for new medical issued (plus another request re Supp J for employment which is clearly issued in error)
12/04/2017 RFE received in mail
12/07/2017 repeated medical exam for I-485
12/08/2017 Attorney receives documents for responding to I-485 RFE
12/21/2017 Response to RFE received by USCIS 
02/09/2018 I-485 approval (text, email) :)
02/08/2018 I-485 approval notice issued (the "welcome letter") - I'm LPR now
02/16/2018 Green card received
 
11/14/2022 Filed N-400 online; receipt and biometrics reuse form received online
03/07/2023 N-400 Interview scheduled 
04/xx/2023 N-400 approved, same-day Oath ceremony completed. I'm a US citizen.
05/xx/2023 US passport in hand

 

Filed: K-1 Visa Country: Wales
Timeline
Posted (edited)

You have been seeking asylum for 37 years?

Edited by Boiler

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Posted

How did you come to the USA? If you snuck in you have problems. If you were let in by customs you should have an I-94 Somewhere. We had the same issue. She was inspected but I-94 was long gone. 4  I-102s later they found the 94.

Posted

I can only recommend you a great immigration attorney, who I know has been dealing with some really tough immigration cases, including deportation. However, she is located in NYC, so you need to call her office tomorrow to see if she accepts out-of-state cases. She has a very high rating in winning very difficult cases. There are tons of reviews online about her, which you will be able to check out yourself. If you want to give it a try, I can send her office info in the DM.

Posted
4 hours ago, OS lee said:

In addition to the denial, I've received two Requests for Evidence (RFEs) and was advised by my lawyer to respond to only one. This advice, unfortunately, has not been helpful, leaving one RFE unaddressed

Your case timeline , I will presume , is: 

RFE #1 and you respond 

RFE # 2 you ignore (based on some advice )

Denial for failure to respond to RFE #2 ? 
 

What was RFE #2 asking for ? 

‘If you now have the requisite evidence , then go ahead and file I-290 B .
Also redact the 1st page of the denial and upload here, as the page in your attachment is a boilerplate format so does not give specific info.

 


 

 

 
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