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?
--file new AP
2. Would this impact my pending I-140 and I-485 applications?
--NO
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...
 
denial

This is not a valid reason for denial. Print out the ADIT photo requirements from the USCIS website and complain to your congressman. Please explain in the complaint that the same photos were accepted for EAD. This is erratic and high-handed adjudication, not to mention totally wrong. You can always file for another I-131 but it will cost you another $165 and what if the same erratic officer found another erratic reason. If I were you, I would first complain to the congressman. This officer needs to hear from his supervisor that there is an investigation into his erratic adjudication.
 
pras01 said:
This is not a valid reason for denial. Print out the ADIT photo requirements from the USCIS website and complain to your congressman. Please explain in the complaint that the same photos were accepted for EAD. This is erratic and high-handed adjudication, not to mention totally wrong. You can always file for another I-131 but it will cost you another $165 and what if the same erratic officer found another erratic reason. If I were you, I would first complain to the congressman. This officer needs to hear from his supervisor that there is an investigation into his erratic adjudication.
Click to expand...
FYI- My wife got RFE asking for new AP photos and in that it was mentioned clearly that photo requirements for EAD and AP are different. You simply cannot argue and waste time, instead apply for new AP.
 
pras01 said:
This is not a valid reason for denial.
Click to expand...

See I-131 Instruction. It clearly states that digital photo is not acceptable.
http://uscis.gov/graphics/formsfee/forms/files/I-131.pdf

pras01 said:
Please explain in the complaint that the same photos were accepted for EAD. This is erratic and high-handed adjudication, not to mention totally wrong.
Click to expand...

So what? If a person was speeding and did not get a ticket, does it make the speeding law invalid? Or, giving speeding ticket to following car becomes "high-handed"?
 
Don't bother fighting it. You have no case. You can file a MTR (motion to reconsider with no appeal requested) and send them conventional photos. Hopefully the officer will reopen the case.

Go to a different photographer who has USCIS listed in his/her yellow pages, and explain the situation, and insist on getting a photo through a regular camera, and get both the print and the negative. This way, you know that it is not digital.

I've read somewhere here that to deny a MTR, the officer must need a supervisor's approval, so the officer too may not be intent on denying it for silly reasons.

Though a MTR can take up to 6 months (but may take a lot less too, depending on your luck)..

~T
 
Thanks so much, I am working on MTR

Thanks Bros I am working on MTR and will update you with proceedings.

Yes the office who did this could be in an angry mood at that time. Otherwise he always send another RFE to send new ohotos.

Can you please tell me what all I need for MTR??

Thanks
 
Pralay, Those instructions are outdated. it talks of photos with side view showing the right ear. They have been outdated for quite a while. See the instructions on the home page of USCIS.gov
 
pras01 said:
Pralay, Those instructions are outdated. it talks of photos with side view showing the right ear. They have been outdated for quite a while. See the instructions on the home page of USCIS.gov
Click to expand...

Yes, the photostyle changed (side to frontal). But I guess "no digital photo" policy still stands. And that's the very reason people are getting RFE or denial for that.
 
I received my AP yesterday with Digital photos. The point is, you can always reapply with another $165 fee and wait 120-180 days, and an ignorant officer may deny it for frivolous reasons, or you can complain and get your money's worth based upon your existing but wrongly denied application. Congressional offices are faster (< 1 week). MTR can take 2 weeks to longer.
Helloman, You need to prove that you followed the current photo guideline (a print out from the USCIS website will help), which were changed < 12 months ago. The I-131 forms have a date printed in the upper right (or lower right, I forget) corner that says last updated on which is older than the new PHOTO guidelines on the website. Clearly, the officer is using the old guidelines. It never hurts to complain/protest. sometimes you win, sometimes you lose. See my post in the "EAD/AP section" about "Emergency Parole in Boston".
 
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