Applicant Receives I-485 After Illegal Stay and Receiving Notice of Intent to Deny (NOID)
I-485, adjustment of status, immigration, NOID, green card,
The applicant submitted the I-485 application for adjustment of status and participated in the interview, but received a Notice of Intent to Deny (NOID) from the USCIS. Later, with the help of Tsang & Associates, the applicant re-prepared the I-485 application and obtained a green card.
Applicant: Ms. Elizabeth
Case Type: I-485 Adjustment of Status
Case duration: 26 months
Difficulties in this case:
• The client had submitted an I-485 application for adjustment of status before contacting Tsang & Associates, PLC, and participated in the interview, but received Notices of Intent to Deny from USCIS. NOID) ;
• The guest receives two notifications (Request for Evidence, RFE) from the Immigration Bureau, requesting supplementary documents for the guarantor’s income ;
• The Immigration Bureau questioned the guest’s multiple entry and illegal stay (more than 180 days, but less than one year) (once confirmed, not only the application must be rejected, but may face a 3-year ban on entry);
• Our firm has less than 30 days to prepare the response to the Notice of Intent to Deny and the new I-485 Application to Adjust Status.
Ms. Elizabeth has submitted the I-485 application for adjustment of status and participated in the interview, thinking that getting a green card is just around the corner. She never expected that this usual “short step” has become a “Thousands of miles away”. Received a series of rejection notices and two Request for Evidence (RFE) notices from the Immigration Bureau, and the response was made within a time limit. Ms. Elizabeth desperately searched for solutions online, but the information she found touched her Knowledge blind spots. When I was overwhelmed, I found Tsang & Associates and called for help immediately.
During the phone call, we learned that the Immigration Bureau not only questioned Ms. Elizabeth’s multiple entries and illegal stays (more than 180 days, but less than one year) (once confirmed, not only the application must be rejected, but also may face 3 Year ban on entry), and also requires supplementary documents on the guarantor’s income. The case was complicated, and Ms. Elizabeth was unwilling to gamble her own future and fate, so she decided to entrust the case to our law firm Tsang & Associates, PLC.
Keys to success:
In order to reply to the Immigration Bureau within the response period of less than 30 days, Tsang & Associates quickly put into work, carefully reviewed all the files of the client’s previous application, and fully understood the details of the last interview . After carefully completing the entire case study, we believe that the client is eligible under Section 245(i) of the Immigration and Nationality Act (INA) and the Legal Immigration Family Equity Act (LIFE Act).
Some I-485 adjusted status beneficiaries with special circumstances (not eligible for application) can obtain green cards through INA 245(i) clause and LIFE Act, and this group of people must meet the following conditions:
– Beneficiaries who submitted one of the following qualifying applications on or before April 30, 2001:
• I-130 Immigrant Petition for Relative
• Form I-140 Employment-Based Immigrant Petition
• Form ETA-750 Application for Permanent Labor Certification (predecessor of Form ETA-9089)
– The main beneficiary who submitted the application between January 15, 1998 and April 30, 2001 and was in the United States on December 21, 2000
– A current beneficiary who has submitted one of the following qualifying applications:
• Form I-130 Immigrant Petition for Relative (Grandfathered)
• Form I-140 Employment-Based Immigrant Petition (Grandfathered)
• Permanent Labor Certification Application Form
– Correctly filed I-485 Application to Adjust Status and I-485 Supplement A
– Pay $1,000 (unless eligible for fee waiver)
– Be in the U.S. when you file I-485 Application for Adjustment of Status and I-485 Supplement A
– Currently there are still immigrant visa quotas available
– Not on the barred entry list, or eligible for a barred entry/other category exemption
– Ensuring that discretion is exercised positively (i.e. the positives in the case outweigh the negatives)
Tsang & Associates, PLC re-prepared the I-485 application and fully collected the necessary supporting documents. Before the response deadline, a new application prepared by our law firm was submitted to the Immigration Bureau, and the previous application was also requested to be withdrawn.
After a long wait, the guest finally received a new interview notice. Since the previous application records are very complicated, it is not difficult to predict that the interview will inevitably be difficult. Therefore, the account managers and lawyers of Tsang & Associates, PLC took the trouble to conduct several mock interview rehearsals for the clients, and do a good job Fully prepared; when it comes to the actual interview and the real “breakthrough”, our lawyers will accompany the client to “fight side by side” and participate in the interview together.
After 26 months of “fierce battle” without gunpowder, the results are remarkable – Ms. Elizabeth finally received the I-485 adjustment of status approval notice, reunited with the children of the three American citizens living in California, and is planning to make a contribution to the family in the near future Mr. submits a green card application. The guests expressed their endless gratitude to Tsang & Associates, PLC for their contributions in this battle concerning the future and destiny of the whole family.
*To protect customer privacy, customer names are pseudonyms.
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