Family

Yes to all the hypothetical scenarios you bring up: USCIS can backtrack decision , IJ can review 1st I-485. Attempting to lodge a 2nd now is more a tactic to show OP exhausting all “reasonable “ actions …am SUPER impressed he returned the plastic card ( assuming via an I-90 for error) I actually believe 2nd I-485 should be rejected at mailroom …but may go through. Noteworthy to mention, he can do fee waiver , if qualified. The NOIR is like an NTA , unless they fix it , only one direction to EOIR. Little clues in NOIR, they refer to applicant as respondent and bring forth allegations . ‘

Know that going through EOIR/court this time will NOT involve anything related to your asylum, that decision remains undisturbed ,so no worries . You will just need to say in plain language, that USCIS made a mistake and they refused to fix it .

Don’t pay those guys ..find one that has hands on w rescission proceedings

In the Sample Response, I drafted , you will notice that you “admit” allegations 1-4 and “deny” allegation 5. This makes it a contested hearing so if USCIS doesn’t choose to fix it , you go to court. Already prepared to fight.

Q. How will I know if my decision may be appealed? A. Your denial or revocation notice will include information about your appeal rights. https://www.uscis.gov/forms/all-forms/questions-and-answers-appeals-and-motions

Take it one step at a time and of course , do as you see fit. ‘Do note, I did NOT suggest you wait for Receipt Notice of new I-485. I spelled out using just a copy of the form , marked in big bold Copy As Filed. I can’t take a strong position on I-290 B ( brain fog ?😂) …as I-290 B motions or appeals a denials /revocation….the rescission of status proceeding is different and as you can read , the NOIR was served so unless your response convinces them to do a quick “ fix”…hence I suggest trying to get in simultaneous I-485…you end up in court anyway…because only an IJ can take away LPR https://www.justice.gov/eoir/reference-materials/ic/chapter-7/3 a) In General In a rescission proceeding, an immigration judge determines whether a noncitizen’s status as a lawful permanent resident should be “rescinded,” or taken away, because the noncitizen was not entitled to become a lawful permanent resident.  See generally 8 C.F.R. § 1246.1 et seq.  A noncitizen’s lawful permanent resident status may not be rescinded if more than 5 years have passed since the noncitizen became a lawful permanent resident.  See INA § 246(a). (b) Notice of Intent to Rescind A rescission proceeding begins when the Department of Homeland Security personally serves a noncitizen with a Notice of Intent to Rescind.  The noncitizen has 30 days to submit a sworn answer in writing and/or request a hearing before an immigration judge.  A rescission hearing is held if the noncitizen files a timely answer which contests or denies any allegation in the Notice of Intent to Rescind or the noncitizen requests a hearing. (c) Conduct of Hearing Rescission proceedings are conducted in a manner similar to removal proceedings.  See Chapter 4 (Hearings before the Immigration Judges). (d) Appeal An immigration judge’s decision in a rescission proceeding can be appealed to the Board of Immigration Appeals.

It will be a bit of a game / tactic to see if you can simultaneously 1. file a new I-485 …include copy of Noir and your Response 2. Include copy of new I-485 form with Response . Just list it as an exhibit and write w a big sharpie “ Copy as filed “ on form itself 3. Since you have been through EOIR already, you can DIY ( self represent ) even a court appearance . Worst case scenario, you will have to adjust with IJ…but I don’t think it will get that far. Judge will give them a tongue lashing 😂..but you will be fine

As a template for your response, use their own draft and add sworn affidavit to title. …no I-290 B here. After you write it up and sign it, go to a Notary and ask for a Jurat ( not Acknowledgment) Title it for Example : ‘Response to Notice of Intent to Rescind Permanent Resident and ‘Sworn Statement by @SnowFairy Case #xyz, A# xyz In response to the NOIR dated xyz, requesting the following additional documentation : 1. Evidence to support the respondent is statutorily qualified for adjustment of status under sec xyz ( cut copy paste sec) 2. Sworn statement by respondent I am enclosing the following evidentiary documentation and factual clarification . I , SnowFairy , hereby declare the following to be true , under penalty of perjury: 1. As of the date of above referenced NOIR, I meet all statutory requirements under sec xxx, as outlined on USCIS ( list the bullet points ) attach print out 2. On July 2023, I submitted I-485 , relying on the published guidance of Feb 2023 and the estimated processing times . The Feb 2023 guidance clearly states an applicant may submit I-485 prior to accruing 1 year physical presence in asylee status. ..without additional burdens / restrictions on the applicant’s role or responsibilities as it relates to the timing of processing and adjudication. ‘Since applicants have no control over The Service’s processing speeds, or lack of, I placed my faith in USCIS Policy Manual Guidance . 3. USCIS adjudicated and approved my I-485 prematurely on xyz. This is a Service Error . In good faith , I advised The Service , a noteworthy fact meriting discretion . 4. I hereby admit allegations 1 through 4 . I deny allegation 5. As of xyz date , i have one year since IJ grant and meet all criteria for adjustment of status. ‘To rectify USCIS error, I am submitting a new I-485 and recession proceedings be terminated and ask the benefit granted . Signed under penalty of perjury … https://www.justice.gov/eoir/reference-materials/ic/chapter-7/3

At time of filing 07/2023 , had you been physically present in the US for 1 year? When did you enter ?

I will give you a detailed response to your upload , but can you 1st clarify date you applied for I-485….is it BEFORE or after Feb 2023 ( when they implemented change)

Upload your NOIR ( redacted) if you want feedback…and a 2nd pair of eyes. The change you reference on the one year is nuanced. After the change you needed 1 year physical presence on day they adjudicate the I-485…you cannot say they made an error because they got to your case early. Before the change , you needed 1 year from the date of grant/ asylum approval. If you did not meet criteria before, then still respond to NOIR, say Oops! My Bad , wait 30 days ( or less ) and file new I-485. You can argue, but it’s your mistake…cause you got to my case too fast and approved it in error…no harm Don’t waste time/energy talking to USCIS….there is nothing they can do without your written response/action https://www.uscis.gov/green-card/green-card-eligibility/green-card-for-asylees#:~:text=On Feb.,to get a Green Card. Eligibility for Adjustment of Status In order to be eligible for a Green Card as an asylee, you must meet the following requirements: You properly file Form I-485, Application to Register Permanent Residence or Adjust Status; You are physically present in the United States when you file your Form I-485; You have been granted asylum status by USCIS or former INS, an immigration judge with the Executive Office for Immigration Review (EOIR), the Board of Immigration Appeals with EOIR, or a federal court; You have been physically present in the United States for at least 1 year after you were granted asylum; You continue to meet the definition of a refugee (for example, a principal asylee), or to be the spouse or child of a refugee (for example, a derivative asylee); You have not firmly resettled in any foreign country; Your grant of asylum has not been terminated; You are admissible to the United States for lawful permanent residence or eligible for a waiver of inadmissibility or other form of relief; and You merit the favorable exercise of discretion.

Apply for NEW I-765 based on I-485 ..it is not a “renewal “. Leave asylum case alone , you will write up a Withdrawal Letter AFTER you get approved for LPR vía Wonderful Spouse. Don’t rush to visit home country even if you get Advance Parole ..see this through to N-400. File bar complaint on the attorney AND/OR small claims lawsuit to get your $$ back…it will save others from being ripped off

The high points : Judge grants restraining order in chaotic in-house Colorado Republican fighting …and Lauren Boebert says she “ is embarrassed “….😂 Judge orders halt on meeting to oust Colorado Republicans’ chair, but calls for Dave Williams’ resignation increase Leader faces criticism from Lauren Boebert, calls to step down from congressional nominees A planned attempt to oust the head of the Colorado Republican Party this weekend was put on hold Friday by a district court judge — but not before calls for Dave Williams’ removal reached new peaks. Williams, whose tenure as the GOP chair has been marked by controversy and months of growing intraparty frustrations, faced calls to resign Friday from most of the state’s Republican congressional nominees and Colorado Senate Minority Leader Paul Lundeen. And U.S. Rep. Lauren Boebert, who received the state party’s endorsement in the June primary to represent a new district, slammed Williams in a Facebook post, though she stopped short of calling for a change in leadership. Friday afternoon’s court ruling means that a meeting planned by some members of the party’s central committee Saturday in Brighton can’t undertake official business if organizers still meet. Much of the frustration with Williams stems from the party’s unusual decision to endorse a slate of candidates during the primary season. It used party resources to boost its preferred Republicans — including Williams in his own race for Congress — and to tear down others. The party also faced widespread condemnation for an anti-LGBTQ+ email blast sent during Pride Month in June. Almost all of the party’s preferred candidates in contested primaries lost their races, including Williams. State party officials rejected the special meeting as “illegal” earlier this month and followed it up last week by suing the party leaders who had called for it. But Watkins and others have contended that party bylaws required a special meeting to be called within 30 days of when he filed a petition last month, and a meeting organized by the party in a remote location last week — lasting minutes, without a quorum — didn’t cut it. On Friday afternoon, Arapahoe County District Court Judge Thomas W. Henderson granted a restraining order against conducting official business at Saturday’s meeting. To allow it to happen would cause immediate harm, he wrote, because “the leadership of the Colorado Republican Party would be called into question, leaving the party in disarray roughly one hundred (100) days before election day on November 5, 2024.” https://www.denverpost.com/2024/07/26/colorado-republican-party-dave-williams-oust-lauren-boebert/

😂 Democrats are making such a big deal about crashing Zoom. It’s so desperate. Republicans at the RNC crashed Grindr and you don’t see them out here going on and on about it. 💁🏼‍♀️🙄

The election just got a lot more interesting. It's inspiring young voters to register. https://www.usatoday.com/story/news/politics/elections/2024/07/26/young-voter-registration-skyrockets-harris/74556135007/ Record-breaking Zoom supporting Harris mobilizes white female voters Over 160,000 attendees in a key demographic ‘answered the call’ on Thursday, with nearly $8.5m raised for Harris https://www.theguardian.com/us-news/article/2024/jul/26/kamala-harris-zoom-answer-the-call

FTC and Justice Department to Host First Public Strike Force on Unfair and Illegal Pricing Meeting The Federal Trade Commission and the Department of Justice (DOJ) will virtually cohost the first public meeting of the Strike Force on Unfair and Illegal Pricing (Strike Force) on Thursday, August 1, 2024, to discuss Strike Force enforcement actions taken to lower prices for Americans. The meeting will convene with an open-press session with remarks by FTC Chair Lina M. Khan, Associate Attorney General Benjamin C. Mizer, Assistant Attorney General for the Antitrust Division Jonathan S. Kanter, and Principal Deputy Assistant Attorney General for the Civil Division Brian M. Boynton. Senior officials from other agencies will then offer remarks as well. The remainder of the meeting will move to a closed-door, private discussion of enforcement-related matters. The Strike Force meeting’s open session will begin at 3:30pm ET. The agenda for the public portion of the event will be posted on the FTC’s website prior to the event. A link to view the open virtual meeting will be posted on the FTC’s website the day of the event. In March 2024, at the sixth meeting of the White House Competition Council, President Biden announced the launch of the Strike Force to strengthen interagency efforts to root out and stop illegal corporate behavior that hikes prices on American families through anti-competitive, unfair, deceptive, or fraudulent business practices. The Strike Force’s membership also includes the Department of Agriculture, Department of Health and Human Services, Department of Transportation, Securities and Exchange Commission, Federal Communications Commission, and the Consumer Financial Protection Bureau. https://www.ftc.gov/news-events/news/press-releases/2024/07/ftc-justice-department-host-first-public-strike-force-unfair-illegal-pricing-meeting

FTC Action Leads to Permanent Ban for Scammers Who Charged Students Seeking Debt Relief with Junk Fees Order requires defendants to turn over personal and business assets A group of student loan debt relief scammers will be permanently banned from the debt relief industry and is required to turn over their assets as part of a settlement with the Federal Trade Commission. According to the FTC’s August 2023 complaint, since at least 2019, Express Enrollment LLC (also doing business as SLFD Processing), Intercontinental Solutions LLC (also doing business as Apex Doc Processing LLC), and their operators Marco Manzi, Ivan Esquivel, and Robert Kissinger falsely claimed to be affiliated with the U.S. Department of Education and used “Biden Loan Forgiveness” or some similar name, which consumers have understood to refer to the Biden-Harris Administration’s Student Loan Debt Relief Plan, to lure students into signing up for their phony student debt relief scheme. The FTC charged that the scheme’s operators collected approximately $8.8 million in junk fees in exchange for student loan debt relief services that did not exist. The defendants also used these misrepresentations to illegally obtain consumers’ bank account, debit card, or credit card information, and typically collect hundreds of dollars in unlawful advance fees—sometimes through remotely created checks in violation of the Telemarketing Sales Rule, according to the FTC’s complaint. A federal court temporarily halted the operations and froze the assets of Apex Processing Center and its owners after the FTC filed the complaint to end the deceptive practices. The proposed stipulated orders, which must be approved by a federal judge before they can go into effect, will ban Express Enrollment LLC and Intercontinental Solutions LLC, Kissinger, and Esquivel from the debt relief industry. The orders will also prohibit them from making any misrepresentations about financial products or services and from using false statements to collect consumers’ financial information. The proposed orders also impose a monetary judgment of $7.4 million, which is largely suspended due to an inability to pay. The defendants are required to turn over personal and business assets. If any of the defendants are found to have materially misrepresented their finances, the full amount of the monetary judgment would become immediately due from that defendant. Litigation continues against Manzi, the remaining defendant in the case. The FTC has resources on how to avoid student loan debt relief scams at ftc.gov/StudentLoans. Consumers can get assistance with their student loans for free at StudentAid.gov. https://www.ftc.gov/news-events/news/press-releases/2024/02/ftc-action-leads-permanent-ban-scammers-who-charged-students-seeking-debt-relief-junk-fees

Trump tells Christian voters "they won't have to vote anymore" if he is elected in November Former President Donald Trump told attendees at a conservative Christian event on Friday night that they "won't have to vote anymore" if he is elected into office in November. He implored Christians to save America by voting "just this time," so that he can win the presidential election in a landslide "that's too big to rig." Trump, who is the Republican Party's candidate for president, made his remarks at the end of a speech at The Believers' Summit, an event hosted by the conservative advocacy group Turning Point Action, in West Palm Beach, Florida. "Christians get out and vote. Just this time," he urged. "You won't have to do it anymore. Four more years. You know what? It'll be fixed. It'll be fine. You won't have to vote anymore my beautiful Christians." Trump continued: "I love you Christians and I'm a Christian. I love you, you got to get out and vote. In four years, you don't have to vote again. We'll have it fixed so good, you're not going to have to vote." https://www.cbsnews.com/news/donald-trump-christian-voters-turning-point-action/

BOMBSHELL AUDIO: Project 2025 Leader Admits Trump Lying About Not Being Involved with Plan In a bombshell new audio recording just released, the leader of Project 2025, Kevin Roberts, claims that Donald Trump is purposefully lying to the American public by asserting that he does not know who is behind Project 2025. In the audio recording, Roberts claims that Trump is "making a political tactical decision" by running away publicly from the goals of Project 2025. Listen to the audio yourself: https://meidasnews.com/news/unearthed-audio-project-2025-leader-kevin-roberts-says-trump-is-purposefully-lying-to-america-about-not-being-involved-in-project-2025 Trump Allies Kari Lake and Marjorie Taylor Greene Appeared in a Project 2025 Promotion Video Both Republicans are endorsed by Trump J.D. Wolf Jul 25, 2024 Desperate Trump continues to try and fail at distancing himself from Project 2025. The group is proposing extreme policies and is staffed by former Trump officials In case you’ve been living under a rock, that’s the Heritage Foundation’s extreme blueprint for Trump’s second term — the one fashioned by his former administration officials and allies and promoted by Trump loyalists like Greene and Lake. The one Trump says he knows nothing about and doesn’t support. “They are extreme, seriously extreme,” Trump said in a July 20 rally. “I don’t know anything about it. I don’t want to know anything about it.” https://meidasnews.com/news/trump-allies-kari-lake-and-marjorie-taylor-greene-appeared-in-a-project-2025-promotion-video

Ok, so I realize you are 18 and feeling frustrated…but the process and application (I-485 ) is actually YOURS….to do correctly and follow through. This even though your stepdad is paying the filling fee. So here are helpful tips: 1. There will not be any fee for the FOIA…that’s a generic disclosure. You can do one for yourself and step dad does one for himself, separately. …but since you’re the internet savvy one, do it for him . Attorneys charge Big $$ even for FOIAS…so keep trying till you get it right. 2. There are sample adjustment packets on this forum that walk you through everything from what forms to what supporting evidence one needs to send. Read them, ask questions here. 3. Yes an I-864 was required for the I-485 …do I understand it just 2x485 just filed ( you and a brother ?) Get the copies of the I-485 forms prepared , look them over and compare to the samples on VJ . ‘If the packets are Rejected , you will have a chance to correct any errors, add the I-864 and even convince stepdad to file an I-130 when you refile. It’s either you do a grow-up crash course in DIY or ask your partner to lend you $ to hire an immigration lawyer to help. You can adjust through stepdad , as long as you do it before 21…no need for shotgun wedding ‘

There is nothing simple about your wife’s immigration case. The fact that she periodically meets with ICE, be it in person or remote check ins, tells me she is on supervised release ( in lieu of immigration detention). ..until she gets decision on asylum claim. The proposed May 2024 Biden rule empowering asylum officers to make decisions on asylum within days of entry , is not yet in effect…but should be imminently. You can file the I-130 , since you married already, but I would hold off on the I-485, as that money may better help you get some legal help along the way. If you do file the I-130 now, check through the paperwork she DEFINITELY has and determine if she is in removal proceedings….as that will mean you need “Bonafide Marriage Exemption “ filed with I-130. You can redact and upload pictures of her processing paperwork from POE, if you want feedback https://www.dhs.gov/news/2024/05/09/dhs-announces-proposed-rule-and-other-measures-enhance-security-streamline-asylum#:~:text=The proposed rule would allow,overall time between encounter and