I-485 Denied - Section 13. USCIS I485 Denied in ERROR (Error made by USCIS)

[rush76]

Hi,
Nationality = Pakistan

My situation is bit easy but somewhat complicated due to being sensitive with timeframe. My EAD expires in end of May. I just received I-485 denied letter. The reason of denying my I-485 application is completely WRONG and have no evidence. Error made by USCIS

It states that the reason it is being denied is that I am a national and citizen of RUSSIA. Now this is not true at all. I was born in Moscow/Russia in 1976 USSR back then. According to 1991 Russian Citizenship law, you get citizenship by birth after 1991 not before. I never claimed any of my citizenship or register in Russia. My birth certificate is from moscow/russia/ussr though. Born when my parents were posted to embassy of pakistan in russia.

I currently hold Pakistani National passport and when I applied for I-485 via Section 13 application was holding Pakistani Diplomatic passport. Diplomats can apply and get greencard through section 13.

Now I have to meet or get in touch with USCIS face to face or something quickly, so that I can tell them that guys I am not a russian but hold and held pakistani passport and a national citizen of pakistan ever since my birth.

I need to meet with USCIS immigration officer quickly so my EAD can be activated or get a temp EAD so that it does not impact my job, house sale, kids school etc.

The letter states that I can Motion to Appeal but that would or can take 6month to an year for a reply and for them to realize that they made a mistake. I have all the evidence paper work that I can proof that their decision is wrong.

Please suggest.

[rayb]

Submit your Motion to Reopen as soon as possible. You "might" be able to get your EAD extension, though it would be a discretionary decision by USCIS staff, ONCE YOU HAVE PROOF OF THE MOTION TO REOPEN IN PROCESS.

--Ray B

Hi,
Nationality = Pakistan

My situation is bit easy but somewhat complicated due to being sensitive with timeframe. My EAD expires in end of May. I just received I-485 denied letter. The reason of denying my I-485 application is completely WRONG and have no evidence. Error made by USCIS

It states that the reason it is being denied is that I am a national and citizen of RUSSIA. Now this is not true at all. I was born in Moscow/Russia in 1976 USSR back then. According to 1991 Russian Citizenship law, you get citizenship by birth after 1991 not before. I never claimed any of my citizenship or register in Russia. My birth certificate is from moscow/russia/ussr though. Born when my parents were posted to embassy of pakistan in russia.

I currently hold Pakistani National passport and when I applied for I-485 via Section 13 application was holding Pakistani Diplomatic passport. Diplomats can apply and get greencard through section 13.

Now I have to meet or get in touch with USCIS face to face or something quickly, so that I can tell them that guys I am not a russian but hold and held pakistani passport and a national citizen of pakistan ever since my birth.

I need to meet with USCIS immigration officer quickly so my EAD can be activated or get a temp EAD so that it does not impact my job, house sale, kids school etc.

The letter states that I can Motion to Appeal but that would or can take 6month to an year for a reply and for them to realize that they made a mistake. I have all the evidence paper work that I can proof that their decision is wrong.

Please suggest.

[rush76]

Thank you.
but the denial letter says that I should appeal. It does not say that I can or should motion to reopen.
I do not have any new facts for re-open. It is the same facts and evidence I had sent originally when I filed the case such as Pakistani Passport, Pakistani national ID etc and Russian birth certificate since I was born in USSR/Moscow in 76.

Can I still do motion to re-open?

and when you say that I can get possibly get EAD extension? is there a separate filling for it to expedite it? because according to denial letter I need to file motion to appeal and if I do that, that will take 6 months to a year for them to get to my appeal. Till then my EAD would be expired.

[rayb]

Does your denial letter specially say "appeal," or "motion to reopen?" Reason I ask is because the I-485 denial letters I have seen specify the latter option (Motion to Reopen), rather than appeal, and sometimes say that an appeal is not available, but a "reopen" is acceptable. If "appeal" is specifically advised, then go that route.

Whether you will be allowed an EAD extension is a discretionary decision by USCIS, and you would have to obtain an in-person appointment using the INFOPASS online appointment option ( go to https://infopass.uscis.gov/ .

--Ray B

Thank you.
but the denial letter says that I should appeal. It does not say that I can or should motion to reopen.
I do not have any new facts for re-open. It is the same facts and evidence I had sent originally when I filed the case such as Pakistani Passport, Pakistani national ID etc and Russian birth certificate since I was born in USSR/Moscow in 76.

Can I still do motion to re-open?

and when you say that I can get possibly get EAD extension? is there a separate filling for it to expedite it? because according to denial letter I need to file motion to appeal and if I do that, that will take 6 months to a year for them to get to my appeal. Till then my EAD would be expired.

[rush76]

Hi, Once again thank you for all the support and to this forum and all the people here that are always ready to step up and answer/help everyone in need.

Below are the exact words from the I-485 Denial Letter.

First few lines.
"Upon consideration, it is ordered that your application to register permanent residence or adjust status, Form I-485 that you filed in March 2007, be denied for following reasons."

then Administrative Error listed in the middle. such as considering me Russian and not pakistani.

Last few lines
"UCSIS has determined any pending ancillary application for employment authorization, Form I-765, travel application, related to the form I-485 are also denied.
You are hereby advised that you have the right to appeal this decision in accordance with 8 C.F.R and 103.3(a). If you desire to file an appeal, you must do so on form I-290B within 30 days from the date of this notice. This appeal shall be filed on form I-290B together with the current fee mailed to

National benefits center, chicago lockbox. "

----
Now appeal timelines as on USCIS website may take 6 month to year. I will be out of status and end up losing my job, sell my house, kids out of school etc since I wont be able to maintain all the expenses for that long and would have to move back to my parents place.. meaning a different state.

I am trying to find that how can I urgently tell them that all your reasoning is an administrative error (NOT A RUSSIAN but I am pakistani). and it should correct all the issue and put back my I-485 (SECTION 13 diplomatic) path back on track.

Motion to re-open takes 90 days for an answer per their website, but the letter does not state that I can Motion to Re-open.
I have scheduled an InfoPASS appointment for 2/11/2014. Would I be taking all these evidence with me to INFOPASS and tell the person there? are they able to fix the issue there? will they be looking at all of my evidence there? my pakistani passport, etc

Please suggest what is the fastest way?

thank you so much again.

[rayb]

I stand corrected, as "appeal" is also an option when the I-290B is advised. With some types of such denials, they specifically state that no appeal is available, but a "reopen,' with new evidence, or if proof can be shown that the denial was inappropriate.

I agree with you that the penalties you are facing will be cat*****phic to your family. By all means start with an INFOPASS appointment to at least seek an EAD extension (which will cost you the extension fee) during procssing of your appeal.

--Ray B

Hi, Once again thank you for all the support and to this forum and all the people here that are always ready to step up and answer/help everyone in need.

Below are the exact words from the I-485 Denial Letter.

First few lines.
"Upon consideration, it is ordered that your application to register permanent residence or adjust status, Form I-485 that you filed in March 2007, be denied for following reasons."

then Administrative Error listed in the middle. such as considering me Russian and not pakistani.

Last few lines
"UCSIS has determined any pending ancillary application for employment authorization, Form I-765, travel application, related to the form I-485 are also denied.
You are hereby advised that you have the right to appeal this decision in accordance with 8 C.F.R and 103.3(a). If you desire to file an appeal, you must do so on form I-290B within 30 days from the date of this notice. This appeal shall be filed on form I-290B together with the current fee mailed to

National benefits center, chicago lockbox. "

----
Now appeal timelines as on USCIS website may take 6 month to year. I will be out of status and end up losing my job, sell my house, kids out of school etc since I wont be able to maintain all the expenses for that long and would have to move back to my parents place.. meaning a different state.

I am trying to find that how can I urgently tell them that all your reasoning is an administrative error (NOT A RUSSIAN but I am pakistani). and it should correct all the issue and put back my I-485 (SECTION 13 diplomatic) path back on track.

Motion to re-open takes 90 days for an answer per their website, but the letter does not state that I can Motion to Re-open.
I have scheduled an InfoPASS appointment for 2/11/2014. Would I be taking all these evidence with me to INFOPASS and tell the person there? are they able to fix the issue there? will they be looking at all of my evidence there? my pakistani passport, etc

Please suggest what is the fastest way?

thank you so much again.

[rush76]

Thank you. much appreciated.

At InfoPass, is there a form for Extension to EAD request while appeal is in process? This is going to be my first time at InfoPass appointment. What happens there? Do they make us sit in a room, give us 30 mins or so? Do we get time to go over our family situation and how it will turn our life upside down due to cat*****phic decision by them just because they considered me wrong national.

Please suggest.

thank you

[rayb]

The INFOPASS option won't give you a specific form for an EAD extension request. You will be asking for the appointment to obtain approval to request an EAD extension.

--Ray B

Thank you. much appreciated.

At InfoPass, is there a form for Extension to EAD request while appeal is in process? This is going to be my first time at InfoPass appointment. What happens there? Do they make us sit in a room, give us 30 mins or so? Do we get time to go over our family situation and how it will turn our life upside down due to cat*****phic decision by them just because they considered me wrong national.

Please suggest.

thank you

[rush76]

This is going to be my first time at InfoPass appointment. What happens there? Do they make us sit in a room, give us 30 mins or so? Do we get time to go over our family situation and how it will turn our life upside down due to cat*****phic decision by them just because they considered me wrong national.

also when taking infopass appointment at LA field office since I live in LA now. I went to online infopass website and selected "You need information or other services". all other options do not meet my criteria.

do you know how it goes in INFOPASS appointment? sitting? standing by window? etc.. I am taking my family with me who all are impacted.


Please suggest.

thank you

[rayb]

The INFOPASS process is not taken seriously at all USCIS offices, but it's your only gate to getting a live USCIS person to listen and check the available options for you. Prior to startup of this now-required appointment about 6 or 7 years ago, one could walk into most USCIS (INS then) offices, take a number and wait. But that became so chaotic with the large numbers of people 'waiting,' that the INFOPASS system was started.

If you are going to the INS office in downtown Los Angeles, you might have a more experienced staff person to help you, or you might have an overworked person who just wants to give you a "feel good" answer and get rid of you.

The last time I was in the INS office in downtown Los Angeles, I spent about two hours in the waiting room listening to an American guy complaining about his wife from El Salvador and how poor her family was, and most of the other waiting clients were Hispanic.

--Ray B

This is going to be my first time at InfoPass appointment. What happens there? Do they make us sit in a room, give us 30 mins or so? Do we get time to go over our family situation and how it will turn our life upside down due to cat*****phic decision by them just because they considered me wrong national.

also when taking infopass appointment at LA field office since I live in LA now. I went to online infopass website and selected "You need information or other services". all other options do not meet my criteria.

do you know how it goes in INFOPASS appointment? sitting? standing by window? etc.. I am taking my family with me who all are impacted.


Please suggest.

thank you