Hi everybody
I filed everything through my attorney date march 27. (so all of the forms, but its not important)
just friday I received a REJECTION NOTICE because the i-485 HE made me fill out is OUTDATED.
now, I opened the USCIS website and they say that the revision is:
Edition Date :
12/03/09. Previous editions not accepted.
I know its a stupid question but I need to ask... the fact that he gave me the form the day 02/26/2010 means that it was already outdated the day he gave it to me, right? (the one he gave me is Rev. 12/16/08)
I add a note for all of those people who dont understand the word "SCAM", scam is something pretending to be something else (somebody from cambodia asking you for a donation for a school that doesnt exist, somebody from NY selling a car that doesnt exist... etc): therefore... this person pretends to be a professional, but hes not. You wanna argue this? pm me, but the evidences and his admitting prove me right whether you like it or not
It looks totally obvious to me that he messed up 100% by giving me the wrong form and so now I have to file everything again... also... am I gonna lose time?
You definitely lost months of time. The question is whether you also lost money -- did they return the form including your check, or did they cash the check?
Look at the expiration date, not the revision date. On the top right corner of page 1 you will see "Expires xx/xx/xx". If it was already expired when he gave it to you, and USCIS took your money for the I-485, the attorney should pay the fee for you to refile.
What about your I-130? Was it approved?
I actually dont know about the I-130 I didnt receive anything... the 765 was anyway rejected (Second letter) because of the 485.
I called the INS this morning and they told me not to look at the expiration day on top. but just at the edition.
I actually dont know about the I-130 I didnt receive anything...
Nothing? Not even a receipt? Get it from the attorney.
I called the INS this morning and they told me not to look at the expiration day on top. but just at the edition.
The people on the USCIS phones are mostly useless. Looking at the revision date wont tell you if a form was valid 4 months ago. The revision date can help you figure out if it was the latest form at the time, by checking to see if another version with a later date existed, but the fact that it is not the latest revision doesnt mean its not valid. USCIS will normally allow an overlap period where they accept both the new version and the prior version; they can release the next one before the expiration date of the existing one.
If a form is filed after the "Expires xx/xx/xx" date, it is outdated unless USCIS has published a notice saying that they have extended the validity for a certain amount of time. So if yours was filed after the expiration date on the form, the attorney should refund the filing fee (if USCIS cashed the check) unless they can show that USCIS published something to extend the validity beyond the stated expiration date, to the point where it was still valid on the filing date.
My attorney is a scam... or not?