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  1. #1

    Unhappy I-797C rejection notice

    Hello,
    would appreciate if someone can help. My parents are here in US on visitor visa till 08/28/09. I applied for their GC filling all of the following forms with supporting docs & fees:

    I-130, G-325A, I-693, I-485 & I-864 for each of them separately for my parents

    I just received a rejection notice (I-797C) from USCIS after 2 weeks with the following explanation:
    "On attached application (I-485) you listed a foreign address. This application may not be filed by an applicant who resides outside the United States. Therefore it cannot be processed and is rejected.
    If you reside in the united states, please resubmit the application listing your US address, with proper fee & supporting documentation."

    My questions are as follows:
    - Which address should I be using for my parents on the aforesaid forms - one in India or here in US
    - All documentation has come back with some imprinting on right side of page like the time, date etc. Can I use the same supporting documents again or should I create fresh new applications all over again when resubmitting?
    - Should I file I-131 as well now for both parents along with this application or they can continue to stay after 08/28/09?
    A timely response will be sincerely appreciated.

    Thanks,
    Mintoo

  2. #2

    Default You must use the address here in the U.S because ....

    you have also included an application for adjustment of status. Only person in the U.S can file for adjustment of status (I:485). Also keep in mind that an I:130 must be approved and priority date must be current before you can file for adjustment of status. I had the same thing happen to me;
    My dad filed in July 22, 2002. My I:130 was approved in August 2007 but my priority date which is July 22, 2002 became current a few months ago. This means a visa number was available for me. My interview is September 9th.
    Good luck!

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