I-485 denied on ground I-94 was counterfeit

L

Lafayette

Registered Users (C)
Alien entered at LAX from Malaysia in 1986 on B-2. Years later marries a citizen who applied for him. I-130 approved but I-485 denied on basis that the I-94 was counterfeit. Motion to reconsider made on basis USCIS failed to follow procedure (no notice of intent to deny) and failed to specify why it concluded I-94 was counterfeit. Decision withdrawn Notice of Intent to deny issued on same ground. Same response submitted by me ... i.e. that the intended ground for denial conclusory, no specifics. USCIS denied adjustment again. Same kind of decision. No details. USCIS did not do forensic examination of the original I-94. The entry stamps on the I-94 and the passport are identical. Alien adamant did not commit fraud. Why to do? As I see it only relief is the apply for adjustment in removal proceeding. Any point in reapplying for USCIS adjustment?
 
When you are in removal proceedings, you can argue that the AOS was denied incorrectly by USCIS.
 
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