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I received a denial letter for the AOS for my mother. The grounds for denial are as follows:
My mother filed form I-485 on May 29 2015 and on Jan 20th 2016 appeared for an interview to determine eligibility for AOS. During the interview the immigration officer noted that her application was incomplete because it lacked supporting evidence. Since my Mother's finger prints were rejected twice, she was asked to obtain police clearance from all jurisdictions where she lived in the last 5 years. My mother retuned to India with an advanced Parole and obtained the police clearance.
On March 22 we submitted a police clearance letter however it was noted that the response was insufficient to establish eligibility for adjustment. The records reflected that since my mother was lawfully present in the US since May 17 on a B2 non-immigrant visa and the document submitted did not include a police clearance letter from any jurisdiction within United States. The letter further stated that because she did not provide a police clearance letter from the jurisdiction where she resided while living in the US she failed to provide police clearance for all the preceding 5 years. Based on the insufficient evidence USCIS denied her application based on Title 8, CFR sections 103.2(b)(11) and (12).
She has been asked to file a motion to reopen or a motion to reconsider using form I290B with in 30 calendar days. My mother is currently in India and is planning to return on an Advanced Parole in 1st week of May. But with this complication , I am not sure if her Parole is still valid. How should I proceed? Does she need to be present here to file for I290B? If she can be paroled into US, should she return immediately within the 30 day period and apply for I290B?
My mother filed form I-485 on May 29 2015 and on Jan 20th 2016 appeared for an interview to determine eligibility for AOS. During the interview the immigration officer noted that her application was incomplete because it lacked supporting evidence. Since my Mother's finger prints were rejected twice, she was asked to obtain police clearance from all jurisdictions where she lived in the last 5 years. My mother retuned to India with an advanced Parole and obtained the police clearance.
On March 22 we submitted a police clearance letter however it was noted that the response was insufficient to establish eligibility for adjustment. The records reflected that since my mother was lawfully present in the US since May 17 on a B2 non-immigrant visa and the document submitted did not include a police clearance letter from any jurisdiction within United States. The letter further stated that because she did not provide a police clearance letter from the jurisdiction where she resided while living in the US she failed to provide police clearance for all the preceding 5 years. Based on the insufficient evidence USCIS denied her application based on Title 8, CFR sections 103.2(b)(11) and (12).
She has been asked to file a motion to reopen or a motion to reconsider using form I290B with in 30 calendar days. My mother is currently in India and is planning to return on an Advanced Parole in 1st week of May. But with this complication , I am not sure if her Parole is still valid. How should I proceed? Does she need to be present here to file for I290B? If she can be paroled into US, should she return immediately within the 30 day period and apply for I290B?
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