RFE on I-485 Supplement A -- please advice

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john_imm

Registered Users (C)
I am applying I-485 through my wife (she has already got her GC). I received a RFE from CSC as such:

Submit the following in order to complete your Application for Adjustment to Permanent Residence:

Penalty: If at any time after November 1986 you have been in the US without lawful immigration authorization, or have worked in the US without USCIS authorization, for a consecutive period of more than 180 days you must file Form I-485, Supplement A and pay the $1000 penalty. The burden is upon you to establish any current and past lawful immigration status or work authorization. If you have already paid the penalty, submit a copy of the receipt to verify such payment.

Questions:

1. The RFE seems assuming that I either was out of status or worked without proper USCIS authorization in the past, but I have been US since 1997 and never been out of status or worked without USCIS authorization. Why did USCIS send me such a RFE? It is because the supporting materials (I-20, etc) were not included in my I-485 petition package, or it is a common RFE USCIS sending out these days?

2. How should I reply? I do not think I should file I-485 Supplement A as I do not fail on either maintaining legal status or working with proper USCIS authorization. The only thing I can think of is to reply with all the legal documents that show I have meet legal status requirement and working with permit all the time. Will it work?

Please share your experience and/or opinion. Thank you very much!
 
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john_imm said:
2. How should I reply? I do not think I should file I-485 Supplement A as I do not fail on either maintaining legal status or working with proper USCIS authorization. The only thing I can think of is to reply with all the legal documents that show I have meet legal status requirement and working with permit all the time. Will it work?
Click to expand...

You may want to consult a lawyer - they might just have asked for the wrong information. But if you reply stating the facts above, with evidence of authorized work (approval notices, W2s) and status (approval notices, visa copies, etc.) that seems to be what they want to see.
 
john_imm said:
I am applying I-485 through my wife (she has already got his GC). I received a RFE from CSC as such:

Submit the following in order to complete your Application for Adjustment to Permanent Residence:

Penalty: If at any time after November 1986 you have been in the US without lawful immigration authorization, or have worked in the US without USCIS authorization, for a consecutive period of more than 180 days you must file Form I-485, Supplement A and pay the $1000 penalty. The burden is upon you to establish any current and past lawful immigration status or work authorization. If you have already paid the penalty, submit a copy of the receipt to verify such payment.

Questions:

1. The RFE seems assuming that I either was out of status or worked without proper USCIS authorization in the past, but I have been US since 1997 and never been out of status or worked without USCIS authorization. Why did USCIS send me such a RFE? It is because the supporting materials (I-20, etc) were not included in my I-485 petition package, or it is a common RFE USCIS sending out these days?

2. How should I reply? I do not think I should file I-485 Supplement A as I do not fail on either maintaining legal status or working with proper USCIS authorization. The only thing I can think of is to reply with all the legal documents that show I have meet legal status requirement and working with permit all the time. Will it work?

Please share your experience and/or opinion. Thank you very much!
Click to expand...

Could post your case details. Consult your lawyer if you have one. Alternatively, submit all the legal status documents including work authorization documents along with the RFE. Good luck!
 
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