Notice of Intent to Deny I-485 - URGENT HELP!

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imhrb

Registered Users (C)
Hello folks,

We received notice of intent to deny our I-485 petition a few days ago (marriage-based I-130 & I-485). The basis they used were basically two, which are below, with my comments (see how ridiculous they are):

1. When I first came into the country, I, ignorantly, at the advice of some folks around me, went to a nearby state to get a driver's license, because it was easier. To be honest, I didn't even know it was wrong until the officer was questioning me extensively during the interview. The CIS says it was a misdemeanor that I used a "false" address and obtained license from another state while living in a different state.

2. Around the same time, I went to visit my aunt in another state for a few weeks during my school summer break for 2-3 weeks; happened to buy a car, and from what I told the CIS, MAY have registered it under my aunt's name (I still don't remember if I did or not but I told them that). So they used it against me, saying that I again used a false address and didn't report it with an AR-11.

And that's it! I have never ever been out of status, never committed a single crime, etc. They have given me 30 days to file a rebuttal. They said they considered "family unity" as a positive factor, but found it to be outweighed by these negative factors (unbelievable and absurd, huh?).

Question is:
1. I am preparing for this rebuttal - what else should I do? Any ideas on what to include in it?
2. If I do get denied, what should I do? Our I-130 is not approved yet either. Any way to appeal?
3. Any other ideas would be greatly appreciated.

Thanks everyone.
 
On thing that comes to mind is to try and track down the car ownership details to see if you had in fact registered it under your Aunt's name. If you haven't then you've got one of the issues resolved. If you have, then there is no way to explain your actions. It would have been easier if - although you paid the car - were using your Aunt's car since it was registered under her. Or that you were living with her and that was your primary address at that time - so you are allowed to keep the license/registration if you are a student at another state.

You've put yourself in a sticky situation and I think you need to get legal advice on how to proceed.
 
Talk to a GOOD attorney very quickly. However some ideas for your rebuttal could be:
1. You have not been charged/tried/convicted/prosecuted for using a false address to obtain a drivers license. Depending on how long ago this was, the SOL may have run on this "CRIME" so they may not be able to bring charges. They may come after you with moral turpitude however.
2. On registering a car in your aunties name, most states will allow you to register car unless you are a resident of that state OR have a permanent address in that state. So if your aunt can collaborate your story she bought the car for you.
 
Thanks for the responses.

Let me clarify, I did not register the car under my aunt's name. I registered it under my name. I just don't remember that when I went to the DMV in the other state, whether they asked me to give a local address (in which case, I would have given my aunt's address), or if they just took the address off my driver's license.

Good point, I am going to try to get the vehicle history tracked down (I had gotten into an accident shortly I came back home and the car was totaled) so that way one of their points will be moot.

Both incidents happened in 2000, and that is why I couldn't even remember the exact details. But just to be honest and forthcoming, I kind of "volunteered" this info (though I know it is not a good idea but the way the officer was grilling me, it was just strange).

And yes, I do have an attorney, and have always had one. He is of course working hard, but sometimes you all folks on this forum have excellent and new ideas so that is why I would appreciate more feedback from people.

Thanks!
 
AzBlk said:
Talk to a GOOD attorney very quickly. However some ideas for your rebuttal could be:
1. You have not been charged/tried/convicted/prosecuted for using a false address to obtain a drivers license. Depending on how long ago this was, the SOL may have run on this "CRIME" so they may not be able to bring charges. They may come after you with moral turpitude however.
2. On registering a car in your aunties name, most states will allow you to register car unless you are a resident of that state OR have a permanent address in that state. So if your aunt can collaborate your story she bought the car for you.
Click to expand...


You are right, that's what they wrote in the notice of intent to deny - moral turpitude.
 
Find these folks and ask them to foot the tab for a competent immigration attorney.

imhrb said:
When I first came into the country, I, ignorantly, at the advice of some folks around me, went to a nearby state to get a driver's license, because it was easier.
Click to expand...
 
Your best option is to at least pay an attorney a consultation fee & Ask for legal advice on what your options are.

Although you did not commit a "crime" in the eyes of the USCIS you demonstrated other than moral actions and to them it looks like fraudulent acts and intentions of deceiving the govt. or simple disregard of the US laws.

You need an attorney!
 
Thanks for the response.

I do have an attorney and he is actively working on preparing a rebuttal to what they said. But of course, at the end of the day, from what I know, the I-485 decisions are purely discretionary and not-appealable (please correct me if I am wrong).

I put this info here to get feedback from you guys also, because folks on these forums also give some really good feedback.

Thanks.
 
Because he kept on asking if I had used ANY other address, which made me feel that he had all the information before hand and if I hid anything, it would just be considered as a willful misrepresentation of facts.
 
Vehicle History

Looking at this situation makes me wonder about my own case, i have had a misdemeanor and the court document has an address as my home address which i have not declared in the G325, the reason being i was only their for 2 months and i did not bother including it in the application, wonder if I have any way of correcting this info but i have already sent in the application a few weeks ago.. any recourse? folks
 
I understand you had a lincese in another state so it was easy for USCIS to see that you have a record in another state. Probably you did the right thing by telling them the truth. Contact an immigration attorney asap. Do you have other complications in your case? Did they interview you with your spouse or one by one? Let us know how your case is proceeding.
 
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