Hello Everyone:
I filed an I-485 for a client who is a Cuban Citizen who was paroled into the country on 04/26/2009. We filed an application for Adjustment of Status based on the Cuban Adjustment Act on or about 04/08/2010. Unfortunately, I understood the year to be once my client went for his interview. In fact, his interview with the local office in Detroit was on July 7, 2010 well after the year. However, I just received an Intent to Deny letter stating that because the application was filed on the 8th and not on the 26th, the application was going to be denied.
The obvious problem is that at this point the application fee has been collected, all the proper documents and ancillary fees have been paid and filed and, outside of the small yet important timing issue, everything has checked out. In addition, my client is employed and has been for about a year. If we cannot resolve this soon then he will lose his job and only source of income. My client is already of low income and if he loses his job then it will be almost impossible for him to gather the filing fee once again.
I understand that this may a technical issue for which nothing else can be done. But if any amount of discretion can be exercised in this matter, balancing the equities, to cure this defect without having to refile a new filing fee, get all new required documentation and be able to get his employment authorization then we would any and all necessary steps.
If anyone has run into this problem or has some argument that I might be able to put forth, I would appreciate it.
thanks
I filed an I-485 for a client who is a Cuban Citizen who was paroled into the country on 04/26/2009. We filed an application for Adjustment of Status based on the Cuban Adjustment Act on or about 04/08/2010. Unfortunately, I understood the year to be once my client went for his interview. In fact, his interview with the local office in Detroit was on July 7, 2010 well after the year. However, I just received an Intent to Deny letter stating that because the application was filed on the 8th and not on the 26th, the application was going to be denied.
The obvious problem is that at this point the application fee has been collected, all the proper documents and ancillary fees have been paid and filed and, outside of the small yet important timing issue, everything has checked out. In addition, my client is employed and has been for about a year. If we cannot resolve this soon then he will lose his job and only source of income. My client is already of low income and if he loses his job then it will be almost impossible for him to gather the filing fee once again.
I understand that this may a technical issue for which nothing else can be done. But if any amount of discretion can be exercised in this matter, balancing the equities, to cure this defect without having to refile a new filing fee, get all new required documentation and be able to get his employment authorization then we would any and all necessary steps.
If anyone has run into this problem or has some argument that I might be able to put forth, I would appreciate it.
thanks