485 RFE on RFE on proof of lawful admission

[rodman]

Hi,

Here are some of my details:

Came to US on L1 A visa in Feb 2009. I94 valid till October 2011.
Went on vacation to India for 3 weeks in Dec 2010. Got new I94 on arrival back to US valid till Oct 2011.
September 2011, L1A visa extension was approved till October 2013.
I 140 Applied in eb1c in April 2012. Approved.
I 485 filed on August 31st. RFE received today.


Reason for RFE:

1. Need documentation to establish identity. Submit clear photocopy of current identity document showing pic, name and date of birth. Acceptable documents include passports, drivers license.

2. Your application is missing proof that you were lawfully admitted to the United States prior to filing for adjustment of status. Therefore, submit a copy of the Form I-94, Nonimmigrant Arrival/Departure Record, issued to you upon your last admission to the Us.prior to filing your Form I-485. Please copy both the front and back of the Form I-94. If your form I-94 is not available, your must explain what became of it and submit a copy of all pages from your Passport(s), including the biographic information pages and any stamps or endorsements by immigration officials establishing your admission(s) or parole(s) into the US.

In addition to the above, include a copy of all petition/application approval notices(FormI-797) issues to you by USCIS granting you extensions or changes of nonimmigrant status.


Questions I have :
While filing the 485, I had already sent my passport copy, the I94 that I had stapled to my passport on my re-entry to US in Dec 2010(valid till Oct 2011) and the I94 that was part of the L1A extension approval I797 which had a validity till October 2013.

I had also gone on a 5 day vacation to Cancun, Mexico in July 2011 during which the airline did not remove my I94 from my passport on exiting the US and when we re-entered, I was not issued a new I94 at the port of entry(Atlanta airport). The only stamp on my passport from that visit is the stamp by Mexico immigration on the date I entered mexico.

While filing the 485, I did not mention the July 2011 date as the "date of last arrival" in to US since I believed at the time that it had to be in sync with my I94.

1. I had already provided a copy of my passport, so I am not sure why the USCIS is asking for proof of identity. Have you seen such requests before? What other documentation do you suggest I submit?
2. Do you think that the second point on the RFE is due to the "date of last arrival" that I mentioned on the 485?
3. What do you think my response to point 2 should be? Should I clarify that I entered the US in July 2011, but was not issued a new I94 at the airport? Or should I just provide the documentation that has been asked for?


Just wanted to add one more thing. I was the primary applicant but My wife's 485 was also filed along with mine, however she did not recieve any RFE but no progress to the next step either. Would that be because the officer has not looked at her case yet(or do they typically check all dependents documents as well before sending RFE)?

 

[sarwarmd]

Based on the information which you are providing, you should be ok once you respond the RFE. I my self, primary, my wife and 2 kids came on H1 and H4s. Please look at my signature. We did not receive any such RFE but another thing is that every case different. It seems that you will be good once you respond to RFE.

Hi,

Here are some of my details:

Came to US on L1 A visa in Feb 2009. I94 valid till October 2011.
Went on vacation to India for 3 weeks in Dec 2010. Got new I94 on arrival back to US valid till Oct 2011.
September 2011, L1A visa extension was approved till October 2013.
I 140 Applied in eb1c in April 2012. Approved.
I 485 filed on August 31st. RFE received today.


Reason for RFE:

1. Need documentation to establish identity. Submit clear photocopy of current identity document showing pic, name and date of birth. Acceptable documents include passports, drivers license.

2. Your application is missing proof that you were lawfully admitted to the United States prior to filing for adjustment of status. Therefore, submit a copy of the Form I-94, Nonimmigrant Arrival/Departure Record, issued to you upon your last admission to the Us.prior to filing your Form I-485. Please copy both the front and back of the Form I-94. If your form I-94 is not available, your must explain what became of it and submit a copy of all pages from your Passport(s), including the biographic information pages and any stamps or endorsements by immigration officials establishing your admission(s) or parole(s) into the US.

In addition to the above, include a copy of all petition/application approval notices(FormI-797) issues to you by USCIS granting you extensions or changes of nonimmigrant status.


Questions I have :
While filing the 485, I had already sent my passport copy, the I94 that I had stapled to my passport on my re-entry to US in Dec 2010(valid till Oct 2011) and the I94 that was part of the L1A extension approval I797 which had a validity till October 2013.

I had also gone on a 5 day vacation to Cancun, Mexico in July 2011 during which the airline did not remove my I94 from my passport on exiting the US and when we re-entered, I was not issued a new I94 at the port of entry(Atlanta airport). The only stamp on my passport from that visit is the stamp by Mexico immigration on the date I entered mexico.

While filing the 485, I did not mention the July 2011 date as the "date of last arrival" in to US since I believed at the time that it had to be in sync with my I94.

1. I had already provided a copy of my passport, so I am not sure why the USCIS is asking for proof of identity. Have you seen such requests before? What other documentation do you suggest I submit?
2. Do you think that the second point on the RFE is due to the "date of last arrival" that I mentioned on the 485?
3. What do you think my response to point 2 should be? Should I clarify that I entered the US in July 2011, but was not issued a new I94 at the airport? Or should I just provide the documentation that has been asked for?


Just wanted to add one more thing. I was the primary applicant but My wife's 485 was also filed along with mine, however she did not recieve any RFE but no progress to the next step either. Would that be because the officer has not looked at her case yet(or do they typically check all dependents documents as well before sending RFE)?

 

[Jackolantern]

While filing the 485, I did not mention the July 2011 date as the "date of last arrival" in to US since I believed at the time that it had to be in sync with my I94.

The date of last arrival is the last date you physically entered the US, regardless of what happened with your I-94 or lack thereof.

1. I had already provided a copy of my passport, so I am not sure why the USCIS is asking for proof of identity. Have you seen such requests before? What other documentation do you suggest I submit?

Sometimes they fail to account for everything you sent and will request documents you already sent. Or maybe you didn't send a copy of an important page from your passport. Make sure you send copies of the pages that have your name, picture, visa, the expiration date of your passport, and the latest US arrival stamp. And send a copy of your I-94 (front and back) again.

2. Do you think that the second point on the RFE is due to the "date of last arrival" that I mentioned on the 485?

Definitely. They saw an entry in the system in July 2011 (you did use your visa to enter on that date, right?), which doesn't match the last arrival date you listed.

3. What do you think my response to point 2 should be? Should I clarify that I entered the US in July 2011, but was not issued a new I94 at the airport? Or should I just provide the documentation that has been asked for?

Give an explanation of what happened. State that although your I-94 was issued on xx/xx/xxxx date, you took a trip to Mexico on xx/xx/2011 and returned to the US on xx/xx/2011 but were not given a new I-94 for that arrival and you forgot to mention that arrival in the original I-485 application, so you want to correct your last arrival date to xx/xx/xxxx. They'll understand because a new I-94 is typically not needed for reentry after short trips to Mexico or Canada. Also include a copy of your approved L1 extension. Don't give any rationalization of why you wrote the wrong date, just state the facts.

Just wanted to add one more thing. I was the primary applicant but My wife's 485 was also filed along with mine, however she did not recieve any RFE but no progress to the next step either. Would that be because the officer has not looked at her case yet(or do they typically check all dependents documents as well before sending RFE)?

Sometimes they don't fully check the dependents if there is an issue with the primary, because if the primary application is rejected, the dependents' applications will be rejected no matter what.

Did she also take that trip to Mexico in July 2011 and failed to put the correct last entry date? If yes, I suggest you be proactive with correcting her application, and include a letter (signed by her) to correct that date for her with this RFE, so hopefully that will prevent her getting an RFE. Make sure to also send the identifying pages from her passport and a copy of her I-485 receipt notice.

 

[rodman]

Jackolantern,

Thanks for your reply. It was helpful. I am planning on getting an infopass appointment to find out what my date of last arrival is as per USCIS records. Do you think that would be helpful ?