Options after I-485 rejection

R

rajniksharma

Registered Users (C)
What would be the option if I-485 is rejected due to some reason. I was on bench ( without pay) of most of the time last year and won't be able to provide the necessary W-2 or related docs if RFE is generated in that regard.

Is there any option to delay the process if RFE is raised or in worst case,Can I contest the decission if I-485 application is rejected due to some reason.

Would appreciate any feedback in this regard.

Thanks in advance,
Rajni
 
If the app is being rejected for "some reason" there might be "some options" to contest the decision.

If you want to get specific answers to what the "some options" might be, please explain exactly what the "some reason" is.

If the reason is having a "hole" in the past income due to unemployment, you might be able to contest the denial based on the fact that the GC is for future employment. For that you should be able to get a job ASAP with the same description and similar salary as the one specified in the LC, and yea, get a good lawyer too!
 
The "some reason" could be lack of proof of income. Again I am waiting for the decision and my I-485 was filed in July-2002. Don't have any rfe raised so far.

As u said, there's a big hole in my income and if I get RFE for income, I won't have a solid reply.
 
theoritically, you don't need a proof of income. but, since INS sucks what can we do.

GC job is for future. If the employer is ready give assurance to INS that he is going to hire you as soon as the gc is approved, you should be ok. If you are working on EAD (meaning no longer in H1 status), you stay here (even if you are not working) is not illegal/you are not "out of status".

But, if you raise above arguments, INS may contend that the employer/employee does not have intention to work together permanently (which is a cruicial requirement). Why? because they may argue that if the employer is not ready to give you job now (when you have EAD and eligible to work without anymore formalities) there is no gurantee that the employer will be able to offer job when gc is approved (lets say tomorrow -> theoritically its possible).

Try to find another job asap (if you are still on the bench). I think if you are currently employed gainfully, you should be ok.

Keep it touch with a good lawyer.
 
AS stated by goodsaint, you shouldn't have a problem unless you are not gainfully employed at the time of RFE. The gap in salary can be easily explained by a number of reasons, namely: Sabatical, illness, education, leave of absence, etc.

But as long as you produce your paystubs and EVL at the time of RFE, you should be okay!
 
Don't panic...you are fine.

Generally, when one files an I-485, s/he is considered to be in valid legal status in the U.S. As long as one's status was valid at the time of filing the I-485, there is no problem.

After that whether you work or not you remain in status. The only thing you need to take care of now is getting EVL, paystubs, W2s and/or Tax Returns to respond to RFE, if any.

One of the reasons they ask you for your W2s and Tax Returns is to check whether you are a tax payer or not. According to Immigration and Nationality Act you must be paying your taxes for them to approve your greencard.

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If you are an alien who has established residence in the United
States after having been admitted as an immigrant or adjusted
status to that of an immigrant, and are considering the filing of
a nonresident alien tax return or the non-filing of a tax return
on the ground that you are a nonresident alien, you should
carefully review the consequences of such actions under the
Immigration and Nationality Act.

If you file a nonresident alien tax return or fail to file a tax
return, you may be regarded as having abandoned residence
in the United States and as having lost your permanent
resident status under the Act. As a consequence, you may be
ineligible for a visa or other document for which permanent
resident aliens are eligible.

You may also be inadmissible to the United States if you seek
admission as a returning resident, and you may become
ineligible for adjustment of status as a permanent resident or
naturalization on the basis of your original entry.
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Hope this helps. Have fun.
 
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