Please shed ur opinions

K

kishore143

Registered Users (C)
My friend applied his 485 when he is not in usa(went to india for vacation and his attorny applied).He is worrying they will deny his application becoz he is not physically in USA when applied.How CIS will know that he is not in USA .

Plase give ur thoughts
What he needs to do now.Does he need to reapply??
 
I think !!!, for AOS (adjustment of status ) the person must be in the United States at the time of filing.

But how come the attorney was un-aware of some basic rules of filing.

I think he should consider refiling -- once he return back.

Your friend may have turned I-94 over at the airport.
The INS can track using it -- if they wish.


Billtoo.
 
billtoo

he already came back from india .It has been two years since he applied i485.few months back he realized this thing.

What you are saying is they can only track i94 if they wish otherwise he will get his approval without problem right???
 
485

Since 2 years has passed since he has applied for 485 ... there is noting he can really do now.

His application will in review very soon and he will know the outcome.

If the officer wants he can track his departure and arrival -- using the passport stamping and I-94 dates etc ..

Lets hope for the best -- the officer might not notice it or he does not care for the rule.


Billtoo
 
The worst thing that can happen is that he gets an RFE asking for a copy of his latest I-94 card. I doubt that this will even be an issue.
 
cfiler said:
The worst thing that can happen is that he gets an RFE asking for a copy of his latest I-94 card. I doubt that this will even be an issue.
Click to expand...

That's how CIS will know he was in USA or not -- by looking into the I-94 record.
 
He applied 485 before going to india but his attorny applied when he was in india.So in his I485 he did not send recent i94 info
 
Case Number Info required

Hi Guys,

After filing I140 & I485 application , how long does it take to get the case numbers. I filed I140 & I485 application (EB2) for myself and my wife withe RD of April 1 2005.

Thanks

kris
 
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