I-485 new denial policy

[artie in miami]

Sept 11, 1968 USCIS started a new policy that says you can be denied because of missing evidence without being sent a "request for evidence" (aka: RFE), and this applies to all applications received after that date. Our I-485 was received in November of 2017 and I included the incorrect affidavit of support (there are several varieties)...the application was denied without sending an RFE. This is an error obviously, since the I-485 was received before the policy change I should have been notified of my incorrect affidavit. I called the contact center for USCIS and was told to write to the Miami office where the denial was made. I sent two letters and have not heard anything. To prevent removal from USA, I submitted an I-290b requesting to have the case reopened and had to pay an additional $675. I am wondering who I can complain to about this error made by USCIS ?? It is impossible to get an appointment at the Miami Office. Anybody have a similar problem or know what else I can do ?

[Maria L]

Hi, I'm really sorry that happened to you.. In your case, they might consider the motion. The only minus to the motion is you won't know how long it's going to take until they make a decision.
I am in the same situation as you. Filed in October 2018 and because of incorrectly submitted tax documents (I submitted the Turbo Tax documents for the past 3 years...wow!), they rejected it in February 2019. It's very tough, with the prolonged processing times and them rejecting applications without NOID's .
I asked a lawyer's opinion and I was advised to file all the package again. Basically in 20 days I had to get my s*it together, start everything from zero and on top of it, get the money to reapply.
So here I am.... 54 days after PD

Keep us updated!
And as a second note, try to remain calm. This whole process is not worth our health.
The same God that opened a door last time, will open another door this time.

[artie in miami]

Maria did you file an I-290b to have the case reopened...or did you just start over ? I am afraid that I will be told to start over also. The funny thing is, the I-134 affidavit of support that I filed (wrong form) required more evidence with it than the correct I-864 ! I had to send bank statements for all of 2018, proof of my pension and social security monthly income, copy of birth certif and a bunch of other stuff. The I=864 just required copies of income tax returns. Even with the overkill of documents they still denied it. I am in disbelief that they ignored two letters from me....I guess they answer to nobody !

[Maria L]

I did not file any motion to reconsider. It was basically me telling them: "You're wrong". And none of us was 100% wrong, but neither 100% right.
The thought of applying and not being able to track this process by any timelines was unbearable at the time. I'm sure you know the feeling.
At least reapplying I know the timelines.

But this was my case. There are cases when the motion goes fast and people get approved.

[newacct]

It's probably better to just file I-485 again.

[gojev93]

I am in the same situation as you. Filed in October 2018 and because of incorrectly submitted tax documents (I submitted the Turbo Tax documents for the past 3 years...wow!), they rejected it .

What do you mean?! I submitted my tax documents from Turbo Tax...

[Enub4]

What do you mean?! I submitted my tax documents from Turbo Tax...

I think they want the tax transcripts that you can get from IRS.

[Maria L]

Hi Gojev, I wouldn't worry about that. A friend of mine attached the same docs from Turbo Tax and they didn't care about it. They accepted it like that.
And she filed in November 2018.

[JunkMart]

Sept 11, 1968 USCIS started a new policy that says you can be denied because of missing evidence without being sent a "request for evidence" (aka: RFE), and this applies to all applications received after that date. Our I-485 was received in November of 2017 and I included the incorrect affidavit of support (there are several varieties)...the application was denied without sending an RFE. This is an error obviously, since the I-485 was received before the policy change I should have been notified of my incorrect affidavit. I called the contact center for USCIS and was told to write to the Miami office where the denial was made. I sent two letters and have not heard anything. To prevent removal from USA, I submitted an I-290b requesting to have the case reopened and had to pay an additional $675. I am wondering who I can complain to about this error made by USCIS ?? It is impossible to get an appointment at the Miami Office. Anybody have a similar problem or know what else I can do ?

This is a duplicate post. My same response applies.

There are many reasons why a case can be denied besides missing evidence. USCIS, in their discretion, has always been able to deny a case for cause without issuing an RFE. Even with the updated policy you mention, we aren't seeing flat out denials for missing evidence. We are still seeing most people get RFE for missing evidence, despite the rule.

You've stated the reason the application was denied, and it wasn't because of missing evidence. I don't think they made a mistake, you did. Sorry to be blunt. I don't know if that mistake warranted an RFE. Hopefully someone with more experience can chime in.

[JunkMart]

Maria did you file an I-290b to have the case reopened...or did you just start over ? I am afraid that I will be told to start over also. The funny thing is, the I-134 affidavit of support that I filed (wrong form) required more evidence with it than the correct I-864 ! I had to send bank statements for all of 2018, proof of my pension and social security monthly income, copy of birth certif and a bunch of other stuff. The I=864 just required copies of income tax returns. Even with the overkill of documents they still denied it. I am in disbelief that they ignored two letters from me....I guess they answer to nobody !

But none of that matters since that was evidence for the incorrect affidavit. You got rejected because you submitted the wrong affidavit of support, not for missing evidence that could have been requested via RFE.

[SmJuly2018]

Guys, Is it possible if the case get denied when it is ready for schedule the interview?

[artie in miami]

The office of USCIS Ombudsman released information on the new denial policy and it said that if the applicant was trying to comply and made an error, that an RFE will be sent rather than a denial. The new policy was supposed to stop applications that were missing evidence intentionally....to hold a place in the application line while waiting to be eligible.

[JunkMart]

The office of USCIS Ombudsman released information on the new denial policy and it said that if the applicant was trying to comply and made an error, that an RFE will be sent rather than a denial. The new policy was supposed to stop applications that were missing evidence intentionally....to hold a place in the application line while waiting to be eligible.

Look, I feel for you. You were trying to do everything correctly. But I believe there is a difference between trying to comply and making an error, and sending in the wrong affidavit. There is nothing for them to RFE. The affidavit is not evidence, so no request for evidence was required. They need you to submit the correct affidavit. I've never seen an RFE requesting that the correct form be submitted. The only action they can take is to deny that application.

Once you submit the correct affidavit, then if you are missing any evidence to support the affidavit they will send an RFE.

[artie in miami]

They have not given me the opportunity to submit the correct affidavit. I included the correct affidavit with my I290b along with the $675. I sent two letters to the Director of the Miami Kendall office requesting an appointment to discuss my options and never received a reply. I guess they do not worry about such trivia ! They have the power and I guess they do not answer to anyone. I guess my only option is to wait to see what happens with the "motion to reopen"