Successful I-485 Despite Receiving a Notice of Intent to Deny

Successful I-485 Despite Receiving a Notice of Intent to Deny

  • Applicant: Ms. Elizabeth Cruz
  • Nationality: Mexican
  • Case Type: I-485, Application to Register Permanent Residence or Adjust Status
  • Approval: September of 2020
  • Processing Time: 14 months
  • Challenges:
    1. Client had already filed and attended an I-485 interview prior to coming to our office, but received a NOID (Notice of Intent to Deny)
    2. Client received 2 RFE’s requesting further documents about petitioning sponsor’s income and supporting documents
    3. USCIS was also challenging multiple entries and accrual of unlawful presence for 180-364 days, a length that would result in a denial and a ban from entering the U.S.
    4. We had less than (30) days to prepare a response to the NOID and prepare a new I-485 application

 

BACKGROUND

Elizabeth Cruz was at a loss. She had already filed and attended her I-485 interview and believed an approval notice was not far away. However, what she was met with was instead a Notice of Intent to Deny (NOID) issued by USCIS. With less than 30 days to respond to the NOID, Elizabeth frantically searched for answers online on how to proceed, but the advice she gathered from articles and websites appeared beyond her scope. She did not want to risk making a mistake that would jeopardize her future, and so deciding she needed an attorney’s help, she contacted Tsang & Associates.

 

KEYS TO SUCCESS

Because Elizabeth had already filed her I-485 prior to coming to our office, we had to quickly review her case and her NOID in order to determine the best course to proceed. We learned that USCIS was challenging multiple entries and accrual of unlawful presence for 180-364 days. This complicated matters, as a determination of accrual of unlawful presence for this length would result in a denial and a 3 or 30 year ban from entering the U.S. Not only that, but USCIS sent her two Request for Evidence’s (RFE’s) that requested additional documents on the petitioning sponsor’s income.

After reviewing her previous I-485, we determined that Elizabeth was eligible for 245(i) Green Card through LIFE Act, a special provision that allows individuals to receive green cards who would normally be disqualified from applying. We prepared her new I-485 application accordingly and thoroughly gathered the necessary documents that would complete her application. submitted her new I-485 filing that our office had prepared.

Elizabeth then received her interview appointment, but given that she had a complex history with her previous filing details, we made sure that she would be well equipped for a potentially difficult interview. Our account manager and attorney conducted several mock interviews with her to prepare her, and by the time her interview date had arrived, Elizbeth was confident. Our attorney accompanied her to the interview, and his presence, along with her mock interview preparation, resulted in a well conducted interview.

 

OUTCOME

Although she was worried initially when she received the NOID from her previous filing, the comprehensive and strategic plan that we created for her helped ease those worries. With our help, Elizabeth received her I-485 approval notice, and she is now able to reside in California with all three of her U.S. citizen children, with plans for her husband to file his green card application in the near future.

 

*Name has been changed to protect client identity