Green Card for Parent in US - they want Supplement A to Form I-485

[Ion Tichy]

I am sponsoring my mother to get Green Card.

All forms have been filled and she just completed biometrics.

Now, we received a letter that they want Supplement A to Form I-485 and $1000 penalty fee.

Why? Do we have to do that form and pay $1000. Mom is currently on legal/valid visa in US with us.

Please advise

Thanks

[rayb]

You need to ascertain why you were given the request for Schedule A. It could have been a mistake on part of USCIS reviewer. Normally, the Schedule A would be required if the applicant did not meet the standard conditions of eligiblity: visa slot available, entered on valid visa, petitioner was qualified relative.

You have every right to question whether the Schedule A request is justified, but you must first determine what basis was used by USCIS to ask for the Schedule A.

I have done several conversions, including Adjustment of Status for spouses of U.S. citizens when the spouses were in the U.S. on B2 visas, sometimes expired B2 visas, and the Schedule A never reared its ugly head.

--Ray B

I am sponsoring my mother to get Green Card.

All forms have been filled and she just completed biometrics.

Now, we received a letter that they want Supplement A to Form I-485 and $1000 penalty fee.

Why? Do we have to do that form and pay $1000. Mom is currently on legal/valid visa in US with us.

Please advise

Thanks

[Ion Tichy]

Ray B.

Thanks for your reply.

Mother entered US on valid tourist visa. It is valid for another 4 months.

How would I determine why they want supplement A? Again, they sent us the request for supplement A after the biometrics were taken. Should not have it happened before that?

How could we dispute this?

Thank you.

[rayb]

If the reason for the Schedule A request was not clearly stated in the "Request for Evidence" correspondence you received, you should schedule an INFOPASS appointment online, for a live interview at a local USCIS office. To schedule an INFOPASS interview, go to: https://www.immihelp.com/infopass-ap...nt-with-uscis/

Since I have done several such conversions for B2 entrants without any mention of the Schedule A, I think there may have been something about your submitted documents that was incomplete or led a USCIS reviewer to mistakenly request the Schedule A.

So long as you, the petitioner, provided proof of your U.S. citizenship with your I-485 package and I-130 documents, and your mom has no history of problems with visas (in the past), the Schedule A request doesn't sound reasonable.

--Ray B

Ray B.

Thanks for your reply.

Mother entered US on valid tourist visa. It is valid for another 4 months.

How would I determine why they want supplement A? Again, they sent us the request for supplement A after the biometrics were taken. Should not have it happened before that?

How could we dispute this?

Thank you.

[Ion Tichy]

Ifopass options for my particualar case seem not to be offered.

Can I just call and talk to USCIS? or Do I have to get a lawyer and file a formal appeal?

I don't mind sending supA form, but would rather avoid to pay $1000 for nothing.

[rayb]

INFOPASS appt is available for any immigration-related problem, The purpose you have to select on the screen may not fit your idea of the problem, but pick the closest option.

If you call the USCIS help line at:1-800-375-5283 will not give you a satisfactory answer to your question. You'll be talking to a Help Desk clerk who will be looking at the same letter you got.

There is no such thing as an "appeal" for a request from USCIS. The appeal is used for a decision that has been made which is not favorable to you.

You must first figure out why you received the Schedule A request. It could have been for something as simple as your having mailed the package to the wrong address, not including all required forms, misinformation on the forms.

1. What was the stated reason on the USCIS correspondence for the Schedule A?
2. Did you keep a copy of everything you submitted?
3. Has your mom overstayed a visit in the past?
4. Are you a U.S. citizen?

--Ray B

Ifopass options for my particualar case seem not to be offered.

Can I just call and talk to USCIS? or Do I have to get a lawyer and file a formal appeal?

I don't mind sending supA form, but would rather avoid to pay $1000 for nothing.

[Ion Tichy]

"You must first figure out why you received the Schedule A request. It could have been for something as simple as your having mailed the package to the wrong address, not including all required forms, misinformation on the forms.

1. What was the stated reason on the USCIS correspondence for the Schedule A?
2. Did you keep a copy of everything you submitted?
3. Has your mom overstayed a visit in the past?
4. Are you a U.S. citizen?"

1. They don't state the reason. They requested:

1a. W-2/1099s forms for most recent tax year. (Those forms were submitted with original submission)
1b. Evidence of your lawful admission (arrival/departure records/i-512) - we printed evidence of admission from USCIS website based on the number.

2. I have all application/forms I submitted
3. No, never.
4. Yes, us citizen.


I'll try calling them tomorrow and find out what's needed.

Thank you.

[rayb]

What proof did you provide of your U.S. citizenship? Did the I-130 you submitted state the naturalization date and place, and number?

Did you include a completed I-864 (Affidavit of Support) with proof of employment, besides tax return and W2 form?

What you are saying indicates an incomplete submission of the conversion documents for your mom: I-485, I-130, proof of your U.S. citizenship, proof of relationship to mom, I-864, I-765, I-131, etc.

Asking USCIS "what is needed" might not help unless you have an idea why they thought the Schedule A was needed.

THE PROBLEM MIGHT BE ON PAGE 1 OF THE I-485 YOU SUBMITTED. ATTACH A COPY OF PAGE 1 OF MOM'S I-485, WITH IDENTIFYING DATA MASKED, AS THAT MIGHT STATES THE 'BASIS' YOU ARE USING FOR MOM'S CONVERSION.

--Ray B

"You must first figure out why you received the Schedule A request. It could have been for something as simple as your having mailed the package to the wrong address, not including all required forms, misinformation on the forms.

1. What was the stated reason on the USCIS correspondence for the Schedule A?
2. Did you keep a copy of everything you submitted?
3. Has your mom overstayed a visit in the past?
4. Are you a U.S. citizen?"

1. They don't state the reason. They requested:

1a. W-2/1099s forms for most recent tax year. (Those forms were submitted with original submission)
1b. Evidence of your lawful admission (arrival/departure records/i-512) - we printed evidence of admission from USCIS website based on the number.

2. I have all application/forms I submitted
3. No, never.
4. Yes, us citizen.


I'll try calling them tomorrow and find out what's needed.

Thank you.

[rayb]

Ion,

If you can identify whether and how USICS misinterpreted your submiission of conversion documents for mom, you can respond to the RFE with a letter of explanation and include corrected or additional documents. A USCIS Help Desk person cannot easily tell you over the phone what might have been wrong with your submitted documents.

The conversion package is a mixed collection of forms, fees, and eligibility requirements, and someone putting it together for the first time is likely to have misstated something in the documents to have caused USCIS to send the request for Schedule A. That form and fee are not normal for a combined immigrant petiton and Adjustment of Status submittal which you should have submitted for your mom (as a parent of a U.S. citizen).

Among other things, you should have included separate fee checks for $1,070, (I-485), $420 (I-130 petition), and a sealed envelope with form I-693, for the immigrant medical exam for mom.

--Ray B

What proof did you provide of your U.S. citizenship? Did the I-130 you submitted state the naturalization date and place, and number?

Did you include a completed I-864 (Affidavit of Support) with proof of employment, besides tax return and W2 form?

What you are saying indicates an incomplete submission of the conversion documents for your mom: I-485, I-130, proof of your U.S. citizenship, proof of relationship to mom, I-864, I-765, I-131, etc.

Asking USCIS "what is needed" might not help unless you have an idea why they thought the Schedule A was needed.

THE PROBLEM MIGHT BE ON PAGE 1 OF THE I-485 YOU SUBMITTED. ATTACH A COPY OF PAGE 1 OF MOM'S I-485, WITH IDENTIFYING DATA MASKED, AS THAT MIGHT STATES THE 'BASIS' YOU ARE USING FOR MOM'S CONVERSION.

--Ray B

[Ion Tichy]

Ray,

All forms and documents have been sent. All forms, fees, pictures and medical have been submitted.
They have already cashed the fees and sent letter for mom to do biometrics.

Proof of citizenship and I-94 form retrieved off the INTERNET have been sent as well.

When I look at the supplement A they sent to fill out, I see no points that are valid in mom's case. Another words, even if I had to fill it out, the points on the form don't apply to mom's situation. An absurd.

Why did not they indicate a 'mistake' before she had gone to do the fingerprints?

I'll update my post once I talk to anyone from USCIS.