Immigration Site

My friends who filled out their own paperwork got a I-485 denial. They did not get an interview yet. Heres what happened.

They sent in all the paperwork, went to fingerprints, etc etc etc. Never got a work permit or anything like that. They got this DENIAL letter instead. After reading what the reasons were, its very clear that the joint-sponsor (petitioners father) did not send the correct paperwork after being requested through an RFE. The petitioner himself did not qualify, so his father served as joint-sponsor. His father owns a paint company and makes 65K yearly. Apparently, the father only sent in his 1040, but w/out the Schedule Cs and all those other pages that establish self-employment. Also, he had forgotten to send in a copy of his business license. So, he got an RFE asking for that. However, responding to the RFE, he only sent in copies of the Schedule Cs, but failed to send a copy of his business license, proving that he is, in fact, self-employed, and owns his own company. (He HAS a business license, he just forgot to include it in the packet).

So, now the famous DENIAL letter came back saying that he failed to establish eligibility, and now the BENFICIARY is in violation of the law, and is illegaly and must depart within 30 days.

It goes on to say that they are NOT initiating removal proceedings at this time, but WILL initiate if she doesnt go back to her country within 30 days.

THEN ... it says that this denial is without prejudice to any subsequent petitions.

So, does this mean that within 30 days they can re-apply (and this time NOT FORGET ANY OF THE PAPERWORK...DUH!)?

And, this means that she must go and get another Immigration medical exam done?

THIS HAS BEEN A VERY EXPENSIVE MISTAKE!!!! For educational purposes, those reading this should be conscious that when an RFE asks for stuff....you better satisfy it the be

Appeal it. Get a competent lawyer with a decent track record. The question that comes to my mind first is that if they leave will they be subject to a 10 year bar? If so then its very important to try and legally stay. If not then they can relax a little bit more.

Appeal it. Get a competent lawyer with a decent track record. The question that comes to my mind first is that if they leave will they be subject to a 10 year bar? If so then its very important to try and legally stay. If not then they can relax a little bit more.
Z,

Do not follow the advice from paxx, he usually gives people advise based on weather patterns... You cannot appeal this denial, they failed to demonstrate the eligibility criteria and they never provided the required documentation. USCIS administrative is very clear, failure to provide required documentation could be ground for denial of petition. The denial is without any prejudice, which is a legalistic way of saying the case can be refiled without the previous record having a negative bearing on the a new filing. So, YES HE CAN FILE IMMEDIATELY AND USE THE Alien number on all Notice of Action, but with new forms. If I am not mistaken, they will ask him if he ever filed for AOS before, he should indicate YES. Being truthful on facts which USCIS already know is a the best deal you have.

Under what category was the I-485 filed? Family based or other form?

Instead of reapplying from scratch, they should hurry up and file a Motion to Reopen, providing the missing document (might be better to also include his tax returns again) and supporting documents such as a copy of the I-485 receipt and denial letter. If the MTR is filed within 30 days, USCIS should reinstate the I-485 and schedule an interview.

In this case, who is filing for who? Is your friend a US citizen who is filing for an immigrant spouse?