AP (I-131) DENIED, urgent please HELP..

H

helloman007

Registered Users (C)
I E-filed AP and EAD in August, 2004. EAD approved in Dec, 2004. I got an RFE on AP in Jan, 05 stating photo background is not acceptable. I replied by sending 2 photographs in Feb 05.

Yesterday I received a letter stating "your I-131 is DENIED because you sent DIGITAL photos and you can't appeal...."

Whereas I got the photographs from same photographer who took photos at the time of my 1st AP application. And 1st AP was approved without any RFE issue.

Please advise on following questions.

1. What should I do now for I-131?

2. Would this impact my pending I-140 and I-485 applications?

3. Any of you or you know somebody with similar experience?

4. Is this a valid reason of denial? I am asking because I got approval with similar photoes earlier?

I am very disappointed and upset, your advise will be highly appreciated.

Thanks


I-140 ND: May-03, AD: ?????
I-485 AP: Jul-03, AD: ?????
I used my own labor.
Very straight forward case
never out of status
same employer
 
helloman007 said:
I E-filed AP and EAD in August, 2004. EAD approved in Dec, 2004. I got an RFE on AP in Jan, 05 stating photo background is not acceptable. I replied by sending 2 photographs in Feb 05.

Yesterday I received a letter stating "your I-131 is DENIED because you sent DIGITAL photos and you can't appeal...."

Whereas I got the photographs from same photographer who took photos at the time of my 1st AP application. And 1st AP was approved without any RFE issue.

Please advise on following questions.

1. What should I do now for I-131?

2. Would this impact my pending I-140 and I-485 applications?

3. Any of you or you know somebody with similar experience?

4. Is this a valid reason of denial? I am asking because I got approval with similar photoes earlier?

I am very disappointed and upset, your advise will be highly appreciated.

Thanks


I-140 ND: May-03, AD: ?????
I-485 AP: Jul-03, AD: ?????
I used my own labor.
Very straight forward case
never out of status
same employer
Click to expand...
sorry about ur situation. post ur question under general 485 questions and u should get quick response from somebody. good luck.
 
Urgent

I submitted same thread in I-485 General (VSC) as well no reply yet.

If you can, Please let me know what should I do now.

Thanks
 
Sorry to hear abt that. Where did you apply for AP, local office, VSC or Chicago?
Thanks.




helloman007 said:
I submitted same thread in I-485 General (VSC) as well no reply yet.

If you can, Please let me know what should I do now.

Thanks
Click to expand...
 
No Need to worry about AP getting Denied and it has no impact on other applications.

You need to resubmit a new I-131 application.
 
Frankly I don't think that only by submitting digital photos the application will be rejected. Check this link:

http://www.travel.state.gov/passport/pptphotos/index.html

is the link the USCIS provides for photos requirements. I read there that if the digital photos have good quality (background, light etc.) the photo is accepted. Do you remember if the photos you submitted were meeting the requirements specified in the link? I mean were the photos clear, had any dark background ...
thanks,
nemessis

PS: I applied for Ap also at Chicago and I've sent digital photos .... so far no answer. I have another Q though: did your LUD/online message change?
 
Last edited by a moderator:
nemessis said:
Frankly I don't think that only by submitting digital photos the application will be rejected. Check this link:

http://www.travel.state.gov/passport/pptphotos/index.html

is the link the USCIS provides for photos requirements. I read there that if the digital photos have good quality (background, light etc.) the photo is accepted. Do you remember if the photos you submitted were meeting the requirements specified in the link? I mean were the photos clear, had any dark background ...
thanks,
nemessis

PS: I applied for Ap also at Chicago and I've sent digital photos .... so far no answer. I have another Q though: did your LUD/online message change?
Click to expand...

The site you mentioned talks only about passport application where it's OK to use digital picture. However, I-131 Instruction clearly mentions that digital picture is NOT allowed. http://uscis.gov/graphics/formsfee/forms/files/I-131.pdf
 
helloman007,

I do not think it will have impact on other applications at all...!!

All you need to do is to apply again with correct photographs (NON DIGITAL)

Good luck..
 
You might be right, that means I should expect the same thing. Let's see. I wonder what is considered a "digital photograph" - taken with a digital camera and printed in an automatic processor at kinkos or other location. I remember the quality was like in other paper photos I have ... I couldn't tell the difference, but maybe they can.


pralay said:
The site you mentioned talks only about passport application where it's OK to use digital picture. However, I-131 Instruction clearly mentions that digital picture is NOT allowed. http://uscis.gov/graphics/formsfee/forms/files/I-131.pdf
Click to expand...
 
nemessis said:
You might be right, that means I should expect the same thing. Let's see. I wonder what is considered a "digital photograph" - taken with a digital camera and printed in an automatic processor at kinkos or other location. I remember the quality was like in other paper photos I have ... I couldn't tell the difference, but maybe they can.
Click to expand...

digital picture = a picture made without the absence of an emulsion nagative.

Normally they cannot make difference, unless the digital print is really bad quality with very low DPI image and printing. Nowadays with the advancement of digital imaging + printing technology it's impossible to figure out the difference in nacked eyes. Quality is same, but life is shorter. That makes USCIS policy of no digital picture obsolete. The only way USCIS can stop people using digital picture is to ask for negative (instead of picture). I dont' see any reason why they cannot accept digital, but unfortunately that's the way it is now.
 
We had pictures taken at Walmart with digital camera

But on the back side of the picture they had date on the paper.

I think, date on the paper is required as it ensures that the picture is recent and hopefully not altered.
 
Thanks so much for your time and guidance

Th photos I sent earlier were of very good quality, And as I mentioned that I used same photographer for my 1st AP and got approved. This time it is my 2nd AP application. USCIS may change there rules recently BUT they clearly mentioned in my RFE that don't send digital pics. When I got these pics done I gave photos specifications to photographer BUT it was my luck. Even now I don't know those were digital or not. Photographer took with Sony camera and put camera on a printer got prints (mostly those were digital). BUT I will confirm with him and tell him not to ruine others life.

Anyways I spoke to my lawer and he suggested to send new photos and a motion to reopen/reconsider the application of AP. What do you think this will help??
Any of you know similar situation with any of your friends etc???

Thanks
 
A few secs ago my online message has changed saying that it was approved!!!! digital photos though ... maybe they really don't see the difference with the naked eye.
GL
nemessis


helloman007 said:
Th photos I sent earlier were of very good quality, And as I mentioned that I used same photographer for my 1st AP and got approved. This time it is my 2nd AP application. USCIS may change there rules recently BUT they clearly mentioned in my RFE that don't send digital pics. When I got these pics done I gave photos specifications to photographer BUT it was my luck. Even now I don't know those were digital or not. Photographer took with Sony camera and put camera on a printer got prints (mostly those were digital). BUT I will confirm with him and tell him not to ruine others life.

Anyways I spoke to my lawer and he suggested to send new photos and a motion to reopen/reconsider the application of AP. What do you think this will help??
Any of you know similar situation with any of your friends etc???

Thanks
Click to expand...
 
My online mesage did not change

Congrats!

My online message is showing that they are processing and it will take 150 days ...
 
150? On mine was 30-60 ... I wonder if this has something to do with the place where you apply. My application was transferred to Philly so I applied for AP at Chicago lockbox. It looks like they are not more flexible there compared with VSC.
Anyway good luck and hope you'll have the approval soon,
nemessis

helloman007 said:
Congrats!

My online message is showing that they are processing and it will take 150 days ...
Click to expand...
 
RFE on AP @ VSC

Got an RFE on AP saying Digital photoes on 2/28. sent new photoes & got confirmation on 3/15 saying they received them. since then LUD changed till 3/18 & I was hoping they are actively working on my RFE & hoped to hear the good news. But I've not gotten the Approval yet. Online message says it'll take 150 - 180 days but also mentioned that processing time may not be that long ,because preliminary processing was done already.

don't know, when my AP gets Approved.But my lawyer said we can call them after 2 weeks after the RFE has been answered.

I've seen several cases where people got RFE for AP for Photoes(especially @ VSC). I went to picture people and make sure they used Film camera.

Please post your response, If some one got RFE on AP (for Photoes) and got Approval after answering the RFE. I'm just wondering how long it takes..
 
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