Friend Received 485 Query, Need Help anyone Please

[kperias]

Hello,

My friend has received query today for my friend's 485. They are asking another 1000$ , We are confused after seeing this one. USCIS require 1000$ for both Primary and dependent.


Here is the query information.

This office is unable to complete the processing of your petition without furthur information. Please read and comply with the following, then submit the requested eveidence, including this letter and the attached GOld Sheet. You must submit the information wihtin twelve(12) weeks . Failure to do so may result in the denial of the application.

On September 25, 2003, the service received your form I-485, Application to register Permanant Resident or Adjacent of Status. However, no supplement A to form I-485 Adjustment of status under Section 245(i) or fee was submitted. Please submit supplement A to form I-485 adjustment under section 245(i) with the correct fee of $1000.00. Your local office can provide you with this form or you may donwload it from the USCIS website(www.uscis.gov).

Sincerely

XM1005

 

[aris]

hello Go to

www.immigration-law.com

Under Breaking news there is this article. Read that. That might be the reason

09/19/2005: Approaching 09/30/2005 (End of FY 2005) and Invalidation of Host of Immigration Forms

Hope this helps.

 

[aris]

Since the initial I485 A was missing , you have to submit the form with the latest fees.

Refer to the site below under I485 A (It says "07/23/04. Prior versions are not acceptable.")

http://uscis.gov/graphics/formsfee/forms/index.htm

 

[PrinceofJungle]

I believe your friend case is under 245(i) catagory, ppl who stayed over 180 days and got out of status. this is panelty fee $1000 for each indivdual should have been submitted with petition.

If his attoreny has charged him already (check receipt), then he should ask his attorney to pay,

If already paid and on 485 rceipt it alrady shown $1000 +..... $$ paid as 485 fee. then ask ur attorney to send USCIS proof of that receipt that $1000 and check that has already been cashed.

Also 485-A supplement form should be submitted. which they are saying not filed.

First check it out.

Good Luck

 

[NIW-Nov 04]

POJ,

Do you have any idea when are the new TSC processing time dates going to be out forr this month? Generally they are out by 15th each month and posted on aila website.

Thanks.

 

[PrinceofJungle]

POJ,

Do you have any idea when are the new TSC processing time dates going to be out forr this month? Generally they are out by 15th each month and posted on aila website.

Thanks.

I believe most probably today afternooon.


Good Luck

 

[kperias]

Thanks POJ and everyone.

Checked with my friend about the fees.

When he applied he has not paid the 1000$ , beacsue he was not out of status for over 180 days. His 485 got rejected and filed MTR and in the mean time applied for a new labor and got EAD with the new one. So he was out of status of around 75 days. Beacuse of the old 485 got rejected, he was not on status for 75 days. Still he had Valid EAD on that period of time.

Thanks

 

[max2k1]

So he was out of status of around 75 days. Beacuse of the old 485 got rejected, he was not on status for 75 days. Still he had Valid EAD on that period of time.

One more thing to consider:

EAD is based on the pending 485. If the 485 is denied, then the EAD automatically becomes invalid (irrespective of the expiry date printed on the EAD).

Its the pending 485 that determines legal status -- EAD is just a document for working - it confers NO legal status on the holder.

 

[kperias]

Today My friend went to attorney and discussed , attorney office advised to pay the money as the reply to RFE. Even they have told the same thing as his 485 got denied first he is automatically out of status . So old EAD is invalid. He is over 6 months out of status. Today immediatley he replied . Hopefully they will receive the papers tomorrow morning itself.

What will happen now. Will they continue the process even it is retrogessed. Or will they process under special category. His first labor PD is Dec 1998 which got denied on 2002. The paper that is processing PD is Jan 2003.

Please some one tell me how they will process.

 

[saan]

No Response Write Letter To Tsc Director....

He might get it processed in Speciality case or he might be affected by retrogessed DATES. If He doesnt get a response within 3 to 4 weeks ask him to write a letter TO TSC DIRECTOR personally and mail it certified.

 

[kperias]

Thanks a lot saan, I will ask him to followup with the TSC director. update the progress.