I-485 Issues for Summer 2007 Filers
Posted Jul 31, 2009
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As many MurthyDotCom and MurthyBulletin readers may know, the USCIS is currently reviewing some of the Application for Adjustment of Status (I-485) filings submitted during the summer of 2007. The review occurs even if the priority date is not current for a particular case. As a result of this review, many applicants are receiving requests for evidence (RFEs). The following pointers should help our readers avoid being surprised or unprepared for a possible RFE.
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Preadjudications of I-485s
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The USCIS is reviewing pending I-485s based upon the dates of filings. This means that they are reviewing many cases without current priority dates. The cases, therefore, cannot be approved, but the USCIS can review them and, if appropriate, can deny them. They also can review and determine if everything is acceptable, except for the lack of an available visa number, based upon the priority date. In this instance, the case will be preadjudicated and set aside for a later time, when the visa number becomes available, based upon the priority date.
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Have Documents Available
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During the summer of 2007, many cases were filed in haste and without complete documentation. This is understandable, given the extraordinary time pressure that existed. For many, the goal was simply to get the case filed in a form that was "good enough" to avoid rejection or return of the file at the initial mailroom stage. Many filings did not include all the necessary documents, however. The USCIS will likely issue an RFE asking for certain missing documents in these filings.
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Many applicants are taken by surprise when they receive such requests. They may have difficulty getting the required documents in time to respond effectively to their RFEs, particularly if they must obtain documents from other countries. MurthyDotCom and MurthyBulletin readers are urged to take steps towards obtaining any documents that may help in filing their cases before these RFEs arrive. The USCIS commonly requests information in the following situations.
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Birth Certificate Not Submitted
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Typical document problems involve birth and marriage certificates. Many people were not able to obtain their birth certificates and, instead, submitted alternative, secondary evidence, such as school records and affidavits. In order to utilize secondary evidence, there must be proof that the actual birth certificate does not exist. For most, this means non-availability certificates from the government offices that would have their birth certificates, if they existed. If there is a non-availability certificate, it then becomes possible to use alternate proof of birth date and parentage. Since a non-availability certificate must be obtained from one's local municipality in the country of birth, the process of obtaining the documents should be begun before the RFE is received from the USCIS.
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Incomplete or Late Registration of Birth Certificate
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Other typical birth certificate issues include late-registered certificates (which must be supplemented by secondary evidence), as well as birth certificates that do not contain complete information. These incomplete certificates often omit the given name due to cultural reasons or traditions that delay the naming of a child. Secondary evidence is required to verify missing information.
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Missing or Incomplete Marriage Certificate
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Many couples face problems proving their marriages. In countries where marriage registration is not always required, or is a separate step that is sometimes omitted, this can be a difficult hurdle. If there is no marriage certificate, and registration is not required, it may be possible to use secondary documentation, like affidavits from those who attended the wedding ceremony as permitted under religious laws of the country.
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In many situations, it may be best to simply register the marriage to avoid the problem. This may require both parties to travel to the home country. While this may be an expensive inconvenience, it might prevent a denial of the dependent spouse's I-485.
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If Using AC21 AOS Portability
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The heart of employer-sponsored I-485 cases is the employment offer. Many RFEs ask for confirmation of the job offer that formed the basis for the PERM labor certification, I-140, and I-485 filing.
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An RFE generally invites the option of a qualifying, alternative job offer under the AC21 green card portability provisions, as well. An applicant should be prepared for this likelihood, and be able to document that s/he has a suitable job offer as the basis for the case.
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Failure to Submit Evidence of Valid Status
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The USCIS often requests proof of validity of nonimmigrant status during set periods prior to filing the I-485. An applicant should be prepared to address status questions as they relate to qualification to file and obtain the approval of the adjustment-of-status (I-485) application.
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Missing or Incomplete Medical Exams
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Many people submitted incomplete medical exams with their summer of 2007 filings. We at the Murthy Law Firm do not recommend obtaining new exams in anticipation of the RFE, as these expire. One who was unable to submit the medical exam form with his/her I-485 should be prepared to take this step, when requested to do so. Vaccination records should be obtained in advance, if possible, to avoid unnecessary revaccination. Some individuals submitted medical exams with their I-485s, but were unable to receive all vaccinations or be fully tested due to other medical conditions (such as pregnancy) or they were unable to complete the process within the tight filing deadline in August 2007. These applicants should expect RFEs asking for updated, complete medical exams.
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Conclusion
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Many applicants seem surprised when they receive RFEs on their summer 2007 filings. Often, it requires some scrambling to gather documents from overseas in order to respond by the deadline. This rush can be avoided with a little preplanning and anticipation of the requirements.