I-485 denied due to abandonment

[Ballinda]

The immigration doctor does not know that the gonorrhea test is a new requirement. She asked for the RFE to further discussion. At the interview the officer said she will print it out for me, but I left the building without it. I kept calling the customer service for a copy of the RFE and finally set up an Infopass appointment where it was handed to me. After that I provided the test within 5 business days. It was too late, by the time I got the copy and had my fight with the doctor I was rejected for abandonment. If I print out my detailed phone bill and talk to the immigration doctor to write a statement can I file for reconsideration?

[rayb]

Your hands are really tied due to this combination of problems between USCIS, the doctor and you. You have no choice but to either resubmit the I-485 or to pay the fee and submit the "Reopen" form, I-290B, for $675. We frequently hear complaints that USCIS-listed doctors aren't aware of changing immigration medical requirements, or who are using outdated I-693 forms, or who don't have the I-693 forms and request the applicant to provide the form.

Since USCIS was simply "following the rules" in citing you for "abandonment," I think the reopen submittal would be a waste of waste of time and money, and you might have a better chance by simply submitting a new I-485 package.

--Ray B

The immigration doctor does not know that the gonorrhea test is a new requirement. She asked for the RFE to further discussion. At the interview the officer said she will print it out for me, but I left the building without it. I kept calling the customer service for a copy of the RFE and finally set up an Infopass appointment where it was handed to me. After that I provided the test within 5 business days. It was too late, by the time I got the copy and had my fight with the doctor I was rejected for abandonment. If I print out my detailed phone bill and talk to the immigration doctor to write a statement can I file for reconsideration?

[inadmissible]

The burden is on the applicant to demonstrate that they are eligible for adjustment of status

If you did not respond to the RFE with the appropriate evidence within the allotted time, your applicants is abandoned and you are not entitled to a favorable Motion To Reopen unless:

-The requested evidence was not material,
-The required initial evidence was submitted with the application or petition,
-The request for appearance or additional evidence was complied with during the allotted period, or
-The request for evidence or appearance was not sent to the address of record

I suggest you refile your I-485 with supporting documents

[Ballinda]

The burden is on the applicant to demonstrate that they are eligible for adjustment of status

If you did not respond to the RFE with the appropriate evidence within the allotted time, your applicants is abandoned and you are not entitled to a favorable Motion To Reopen unless:

-The requested evidence was not material,
-The required initial evidence was submitted with the application or petition,
-The request for appearance or additional evidence was complied with during the allotted period, or
-The request for evidence or appearance was not sent to the address of record

I suggest you refile your I-485 with supporting documents

Thank you for the answers. My denial letter says you may not appeal, however you have 30 days to submit a request for reopen or reconsider the case. (After that they would start the removal process and revoke my work authorization card) It does not mention refilling the whole package...(I-485)