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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!
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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