Intent to Deny

R

rrao

Registered Users (C)
Hi All
My wife has recived an intent to deny.
Her biographic information had showed her working for some time and it looks like supporting documents where not submitted to support it.
She was in status all the time and we have papers to prove it.
I was wondering if any one has replied to a Intent to deny notice themself.
Should I hire a lawyer to relpy to this notice.

I am the primary applicant and her is a derivative beneficiary case. Can my case be approved while hers is pending.

Any help appreciated.

Thanks
Raghu

I-485 RD - 21 Jan 2003
ND 21 Feb 2004.
RFE date - 06/17/2004.
 
rrao said:
My wife has recived an intent to deny. Her biographic information had showed her working for some time and it looks like supporting documents where not submitted to support it.She was in status all the time and we have papers to prove it.
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If your wife was in status *and* had work authorization, then all is well. Provide evidence of her I-94s and EADs (if any) and send them back. Be careful and quick since you only have 30 days to respond.

I am the primary applicant and her is a derivative beneficiary case. Can my case be approved while hers is pending.
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Yes, but for her sake you don't want her case to be denied.
 
Hi Raghu,

My case details are similar to yours. During 2003 my wife changed to H1 and worked for few months. I filled her status as H1 in the 485 application. I don't remember submitting any info like her I-797/pay stubs etc, with the application. From your post I fear my wife may also get similar notice. Can you please share what her status was when you applied 485, what did you fill up in her 485 application ?

I hope you are able to get a favorable desicion after submitting reply.

sertra2002

rrao said:
Hi All
My wife has recived an intent to deny.
Her biographic information had showed her working for some time and it looks like supporting documents where not submitted to support it.
She was in status all the time and we have papers to prove it.
I was wondering if any one has replied to a Intent to deny notice themself.
Should I hire a lawyer to relpy to this notice.

I am the primary applicant and her is a derivative beneficiary case. Can my case be approved while hers is pending.

Any help appreciated.

Thanks
Raghu

I-485 RD - 21 Jan 2003
ND 21 Feb 2004.
RFE date - 06/17/2004.
Click to expand...
 
If I were you, I would definitely hire a lawyer. You dont want to screw up the case at this stage.
 
Responding to intent to deny

I recently responded to 'intent to deny' -- mine was EB1 case and they questioned the qualifications .. i hired a lawyer paid through my nose but worth it since the decision was favorable.

However, in your case it looks very straightforward. I would attach whatever documentation you have [copies] and have a 'clearly written' cover letter pointing to each piece of evidence and explaining how it proves your case.

Clarity and emphasis is key. Hurry up! good luck.
 
i think if your prirorty date is befor 2000 , you can pay 1000$ fine even if the pesron was out of status , check on the back of the notice or your lawyer
 
TO rrao and sertra2002

My friend's wife is in the same position.
She came on H4 and got her H1 and worked for only few months and stopped way before filing 485.
During 485 filing they mentioned her status as H1. Now she got her passport stamped as H4. Does she get RFE.
Could you please post your experiences or send PM.

Thanks!
 
The ITD was issued on 17th. We recived it on 21st. We replied to it on 23rd. We had a letter drafted by my company lawyer and replied to it ourself. Since was petition was filed by us the lawyer did not want to waste time filing a G-28. I think we missed out her H1 when we filled her I-485. The fact she worked was on her biographic information. Hence the ITD. Hope our cases approved soon.

Cheers
 
Today the last updated date changed for my wifes case. The mesaage now reads ...

On July 2, 2004, we received your response to our request for evidence or information. It is taking between 365 and 540 days for us to process this kind of case. However because preliminary processing was complete, the remaining processing time will be less than the maximum stated in this message. You will receive a written decision on this case.

Hope they appove the case soon.
 
Otherwise Eligible Immediate Relatives

If "otherwise eligible" to immigrate to the U.S., immediate relatives may adjust status to LPR (get a "green card") in the United States even if they may have done any of the following:

worked without permission,


remained in the U.S. past the period of lawful admission (e.g., past the expiration date on your I-94) and filed for adjustment of status while in an unlawful status because of that,


failed otherwise to maintain lawful status and with the proper immigration documentation, or


have been admitted as a visitor without a visa under sections 212(l) or 217 of the Act (which are the 15-day admission under the Guam visa waiver program and the 90-day admission under the Visa Waiver Program, respectively).
Please note: If a person came into the U.S. illegally, that person is barred from adjusting their status to LPR (cannot obtain a green card) even if he or she marries a U.S. citizen or otherwise becomes an immediate relative. An immediate relative must meet the eligibility requirement of being “inspected and admitted or paroled into the United States.”
REF:http://uscis.gov/graphics/howdoi/LPReligibility.htm
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From above quote does dependents status matters?
 
tammy2 said:
From above quote does dependents status matters?
Click to expand...
This is exactly what I was pointing to about 2 months back tammy2 in the case of mavishka. But as we all know USCIS behaviour cannot be predicted...
 
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