I-485 denied, no interview, failed to comply with RFE...can they reapply w/in 30 days?

Z

zonryza

Registered Users (C)
My friends who filled out their own paperwork got a I-485 denial. They did not get an interview yet. Here's what happened.

They sent in all the paperwork, went to fingerprints, etc etc etc. Never got a work permit or anything like that. They got this DENIAL letter instead. After reading what the reasons were, it's very clear that the joint-sponsor (petitioner's father) did not send the correct paperwork after being requested through an RFE. The petitioner himself did not qualify, so his father served as joint-sponsor. His father owns a paint company and makes 65K yearly. Apparently, the father only sent in his 1040, but w/out the Schedule C's and all those other pages that establish self-employment. Also, he had forgotten to send in a copy of his business license. So, he got an RFE asking for that. However, responding to the RFE, he only sent in copies of the Schedule C's, but failed to send a copy of his business license, proving that he is, in fact, self-employed, and owns his own company. (He HAS a business license, he just forgot to include it in the packet).

So, now the famous DENIAL letter came back saying that he failed to establish eligibility, and now the BENFICIARY is in violation of the law, and is illegaly and must depart within 30 days.

It goes on to say that they are NOT initiating removal proceedings at this time, but WILL initiate if she doesn't go back to her country within 30 days.

THEN ... it says that this denial is without prejudice to any subsequent petitions.

So, does this mean that within 30 days they can re-apply (and this time NOT FORGET ANY OF THE PAPERWORK...DUH!)?

And, this means that she must go and get another Immigration medical exam done?

THIS HAS BEEN A VERY EXPENSIVE MISTAKE!!!! For educational purposes, those reading this should be conscious that when an RFE asks for stuff....you better satisfy it the be
 
Appeal it. Get a competent lawyer with a decent track record. The question that comes to my mind first is that if they leave will they be subject to a 10 year bar? If so then it's very important to try and legally stay. If not then they can relax a little bit more.
 
praxx said:
Appeal it. Get a competent lawyer with a decent track record. The question that comes to my mind first is that if they leave will they be subject to a 10 year bar? If so then it's very important to try and legally stay. If not then they can relax a little bit more.
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Z,

Do not follow the advice from paxx, he usually gives people advise based on weather patterns...:( You cannot appeal this denial, they failed to demonstrate the eligibility criteria and they never provided the required documentation. USCIS administrative is very clear, failure to provide required documentation could be ground for denial of petition. The denial is without any prejudice, which is a legalistic way of saying the case can be refiled without the previous record having a negative bearing on the a new filing. So, YES HE CAN FILE IMMEDIATELY AND USE THE Alien number on all Notice of Action, but with new forms. If I am not mistaken, they will ask him if he ever filed for AOS before, he should indicate YES. Being truthful on facts which USCIS already know is a the best deal you have.

Under what category was the I-485 filed? Family based or other form?
 
Instead of reapplying from scratch, they should hurry up and file a Motion to Reopen, providing the missing document (might be better to also include his tax returns again) and supporting documents such as a copy of the I-485 receipt and denial letter. If the MTR is filed within 30 days, USCIS should reinstate the I-485 and schedule an interview.

In this case, who is filing for who? Is your friend a US citizen who is filing for an immigrant spouse?
 
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OP,

The proper advice to your friends is to engage an attorney to assist in the proper response and to review future filings to be certain all required documents are submitted.
 
TheRealCanadian said:
There is no grounds for appeal that I can see. USCIS made no error - the joint sponsor did.
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If that is the case then he should still pursue it by reopening the same petition or if necessary coughing up the extra fee and filing a brand new 485. My point was simply to make sure the process was restarted within the 30 days while the beneficiaries were still inside the US so that they would not have to go the consulate route.
 
Thank you ALL for your input. Yes, I know we cannot appeal it. We know that USCIS made no mistake. The petitioner/beneficiary made the mistake and it has been an expensive one.

Here's a new twist in the case. Check out this next part!!!
IN THE MEANTIME, while all of this is happening, they got an RFE for the I-130, (with the same date of Sept 16), asking for more proof of an established relationship (bank statements w/ both names, insurance, etc etc).

QUESTION: So, this means that there might still be salvation for the I-130, right?

So, should they send in the evidences for the I-130 RFE to the appropriate address? Or do you anticipate the I-130 being denied because the I-485 was denied?

What are your thoughts concerning this pending I-130 in relation to the I-485 denial?

We are going to USCIS office in South Carolina tomorrow, per their request through INFOPASS, but I know INFOPASS appointments are mostly a waste of time, but they asked me to go with them.

Please, ANY INFORMATION you give me will be MUCH APPRECIATED. We're not asking for legal advice. Nothing you tell us will be taken as such. We just need a little guidance, that's all. And, as always, thank you very much for all your help, always!!!
 
zonryza said:
So, should they send in the evidences for the I-130 RFE to the appropriate address? Or do you anticipate the I-130 being denied because the I-485 was denied?
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Respond to the RFE. The I-130 will not be denied if the I-485 is denied, since the I-485 depends on the I-130 it will be denied if the I-130 is denied, but not vice versa. Getting the I-130 approved will save you some money because you won't need to reapply, and a future I-485 will be much simpler with an approved I-130.
 
zonryza said:
Thank you ALL for your input. Yes, I know we cannot appeal it. We know that USCIS made no mistake. The petitioner/beneficiary made the mistake and it has been an expensive one.

Here's a new twist in the case. Check out this next part!!!
IN THE MEANTIME, while all of this is happening, they got an RFE for the I-130, (with the same date of Sept 16), asking for more proof of an established relationship (bank statements w/ both names, insurance, etc etc).
Click to expand...

1. Reply to the RFE for the I-130.
2. File a Motion to Reopen (I-290B) for the I-485, with the business license and related financial documents.

I would suggest a one-hour consultation with a lawyer to review the papers for both 1 and 2 before they are sent in, so another costly mistake is not made.
 
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