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  • I-131 denial

    Hi
    Here is my wife`s cases in timeline.

    May 18, 2020 We received your Form I-485, Application to Register Permanent Residence or Adjust Status
    May 26, 2020 We accepted the fingerprint fee for your Form I-485, Application to Register Permanent Residence or Adjust Status. Our National Benefits Center location is working on your case.
    April 27, 2021 Case Was Updated To Show Fingerprints Were Taken

    May 18, 2020 We received your Form I-130, Petition for Alien Relative.
    June 10, 2020 Notice Was Returned To USCIS Because The Post Office Could Not Deliver It.
    Later we got it.

    May 18, 2020 We received your Form I-765, Application for Employment Authorization
    April 26, 2021 The fingerprints relating to your Form I-765 Application for Employment Authorization, were taken.
    May 6, 2021 We ordered your new card.
    May 7, 2021 We approved your Form I-765, Application for Employment Authorization.
    May 10, 2021 We mailed your new card your Form I-765, Application for Employment Authorization, directly to the address you gave us.
    May 11, 2021 The Post Office picked up mail containing your new card.
    May 10, 2021 Card Was Delivered To Me By The Post Office




    We filled concurrently our application for my wife on marriage based on may 2020 but her I-131 was just denied recently.
    They said

    " To be considered for an advance parole document (APD), you must establish that you are applying for lawful permanent resident (LPR) status and that you are eligible for this status under section 245 (a) or (i) of the INA.

    We do not have sufficient evidence that an immigration officer admitted you in any particular status or paroled you into the United States.Because you have not established that you were admitted or paroled when you last entered the United States, USCIS will not issue you an ADP."


    In our application we sent them the copy of the most recent I-94 where the class of admission was WT in 2012.So in my humble opinion clearly proved she admitted legally into the USA by a immigration officer like a tourist. Also we sent the copy of old passport pages showing the stamp too.
    I don`t get it.
    What would be the best move now?
    File a reopen and/or a motion or just simply reapply?
    And how about the fee.The fee is waved when you are applying concurrently.
    Do we have to pay the I-131 fee if we reapply again?

    A little help, advice would be appreciated.
    THX.

  • #2
    It is still free if you file again. Just attach a copy of the I-485 receipt.

    You are a US citizen, right?

    This is my personal opinion and is not to be construed as legal advice.

    Comment


    • #3
      THX very much.
      Yes I'm a US citizen and sponsoring my overstayed wife who is still here in the US.

      Comment

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