EJ3

Hi,

Today I received a letter from the USCIS explaining that my I-485 Application to Adjust Status has been denied.

From what I understand, USCIS state there was missing evidence in my RFE package and denied my application.

The letter informs me that there is no appeal to this decision. I have 30 days in which to leave the US and there is an option to file a motion (form I-290B) if I wish.

I feel very worried and upset. My question is, if I file the motion does the 30 days to leave the US still stand? I could not find anything in writing to clarify this.

Thank you

jeffreyhy

EJ,

It's attorney time.

Regards, JEff

Noorah101

Missing evidence in the RFE package you returned to them? I'd say that's unusual, I think they would just turn around and issue another RFE if they were still lacking something. Did you indeed include all the evidence they requested?

This usually happens when you never actually received the RFE at all, or if you didn't respond to it at all.

I agree with JEff, time for a consultation with an immigration attorney to get the case reopened.

Rene

jeffreyhy

And to try to figure out what was wrong with the response to the RFE.

Regards, JEff

EJ3

Thats exactly what I thought, send another RFE if they were dissatisfied with anything. It states the I-864 was failed to be completed and signed by the petitioner. The I-864 was completed by my father-in-law as my joint sponsor.

English Muffin

Did your spouse complete and sign an I-864 too?

Noorah101

Did your USC spouse also do an I-864? Perhaps that's what was missing....

Rene

EJ3

No he did not. I think this is my mistake. I'm not quite sure how I overlooked this requirement. I thought if this were the case another RFE would be sent.

Noorah101

Yep, that's your problem right there (at least an obvious one...who knows, there might be something else). Even if the USC spouse does not qualify, they still need to complete and sign an I-864.

Consult with an attorney on how to get the case reopened so you can submit the required I-864 from your spouse.

Rene

EJ3

Ok, the mistake has become clear, I misenterprited the intial RFE. I am looking into immigration attorneys so I can hopefully try to resolve this.

Even with an attorney, am I right in thinking the next step is to file a motion (I-290B), or do I need a consultation to discuss my options first?

If I am working to have my case reopened do I still have 30 days in which to leave the country?

jeffreyhy

EJ,

Why? They sent an RFE, you failed to fully comply. How many times should they be expected to repeat the request?

Hopefully, with an attorney's "janitorial" [quoting Mr.F] assistance, this mess can be cleaned up

Regards, JEff

EJ3

You are right. I have now realised that I didn't fully comply with the RFE as I misunderstood the request. In this case, I would not expect them to repeat the request by sending further RFE's.

Noorah101

Consult ASAP with an attorney who can either tell you how to file the motion, or perhaps you need hire that attorney to do it for you. You probably won't know until you speak to an attorney whether it's something you can do yourself or not.

I don't think it will take a full 30 days to get your case reopened, talk to the attorney about this, make sure he can get your case reopened within 30 days so you won't have to leave.

Rene

ian-mstm

Do *not* voluntarily leave the US under any circumstances. Your situation becomes 10x worse if you leave the US - even if 30 days pass or more.

Ian

EJ3

My train of thought was if I leave the USA, how and under what status could I possibly return? Leaving the USA would seemingly complicate things far further. My intention is to try and resolve this ASAP by being here and having an attorney.