urgent help regarding NOID

L

lord_invincible

Registered Users (C)
Hi, Gurus.

A notice of intent to deny was issued regarding my wife's I-485 couple days ago. This is after we replied to the RFE
about 3 weeks ago.

My wife is a registered nurse and she got her education and
license from the US so we thought there would be no need for
her to obtain a VisaScreen certificate as requested in the RFE. The funny thing is in the RFE, it specifically says the certificate will not delay the process of the adjustment even without it. The NOID, however, is citing the certificate is required. The problem is it might take longer than the given 30 days in the NOID to get the certificate because of all the required support documents and the time needed process the certificate. Is there any way to ask for more time?

The second thing listed in the NOID is more serious than the certificate. It states my wife has been out of status since 07/11/2002. My wife was paroled into the US 15 years ago. Since then, she has been to the Bloomington INS office yearly to renew her I-94 and work authorization as a parolee. Never had an issue. So we are not sure as
why INS says that. We are planning on going to the Bloomington INS office to ask them. I am hoping to get a letter or something to the extent of saying she's been in status the whole time. What do you all think?

Please give me some advice as how/what to proceed.

thanks muchly
 
File for exntension

You should be able to file for extension time to respond to RFE, saying you need to get documents from overseas.
What does your lawyer say?
----
 
thanks for replying. How do I file extension to time for RFE? Does it have
any effect on the NOID? We don't have a lawyer because we thought our case is very straight-forward for a US educated and certified registered
nurse. All school documents are from US colleges and board of nursing in
Minnesota but it's just too hard-pressing to gather all of them in a month...
 
lord,
seems like all the papers r in order. once u get the 485 or maybe even now, file a lawsuit against CIS for causing hassle, trouble and frivolous reasons for harassing. U seem to have a good chance.
 
lord_invincible said:
Hi, Gurus.
...
The second thing listed in the NOID is more serious than the certificate. It states my wife has been out of status since 07/11/2002. My wife was paroled into the US 15 years ago. Since then, she has been to the Bloomington INS office yearly to renew her I-94 and work authorization as a parolee. Never had an issue. So we are not sure as
why INS says that. We are planning on going to the Bloomington INS office to ask them. I am hoping to get a letter or something to the extent of saying she's been in status the whole time. What do you all think?

Please give me some advice as how/what to proceed.

thanks muchly
Click to expand...

I would think twice about walking her down to the INS office. I am not sure at what point an "out of status" status converts into an "detainable-on-the-spot" procedure, but by their belief she has been out of status for over two years, and I personally wouldn't risk being locked in indefinitely with some of the "other" people the INS has been keeping locked up.

Just my two cents, it isn't legal advice.
 
My 2 cents

I will just throw my 2 cents. It might be a good idea to hire a lawyer at this point of time. There are lot of good lawyers in twin cities area who will handle your case from this point of time with a very minimum amount of money, I would assume.
 
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