I-485 denied due to missing Notorial Birth Certificate

[Visitorz]

Hi! I came to the U.S for college and married my husband(U.S. citizen)w I was on OPT. We sent out an Adjust of Status package. My husband and I just received a letter saying that the i- 485 was denied because we are missing 1. My husband's federal tax income from 2018 (we only submitted his 1099-MISC; he just filed it online yesterday and we have the PDFs now); 2. My Notorial Birth Certificate ( China), which requires my household registration (Hukou), which was freezed due to me being abroad for many years, and I was told that I had to get it solved in person in China.

However, my OPT got expired and I was waiting for my Advanced Parole document and wouldn't be able to re-enter the U.S. if I left. And now the application for traveling document is denied together with i-485. Does that mean I will have to leave the U.S. without a travel document that will allow me to re-enter? Is there anything I can do other than going back to China to get the Notorial Birth Certificate, and having my husband reapply the whole package while us being separated from each other?

The document says that we cannot appeal this but we could renew the application if we receive a notice to appear in court. Will we be able to renew the application or do something that doesn't cost us $2000 more, or have us separated?

Thank you!

[Plz]

I would advice you to get an experienced immigration attorney. I’m so sorry for all the trouble.

[newacct]

There is no "appeal" but you can file a Motion to Reopen with I-290B to present new evidence. You are also still eligible to file Adjustment of Status again while you are still in the US, since you entered legally and you are in the Immediate Relative category. However, neither of these will solve the fact that you don't have a birth certificate. I would strongly urge you to try again to see if you can authorize another person to get it for you. If you have to leave the US, then you would have to switch from Adjustment of Status to Consular Processing for an immigrant visa in China.

[Visitorz]

There is no "appeal" but you can file a Motion to Reopen with I-290B to present new evidence. You are also still eligible to file Adjustment of Status again while you are still in the US, since you entered legally and you are in the Immediate Relative category. However, neither of these will solve the fact that you don't have a birth certificate. I would strongly urge you to try again to see if you can authorize another person to get it for you. If you have to leave the US, then you would have to switch from Adjustment of Status to Consular Processing for an immigrant visa in China.

Thank you very much! I was able to get my birth certificate notorized. Do we just need to submit it together with my husband's tax return, i290b form and the fee ($675)?

In the letter of denial, it says I might be able to renew it in the court if I receive a notice to appear. Does that mean it wouldn't cost money? I haven't received a notice to appear in court. Should we just pay the fee and send out the i290b with the evidences, without waiting for the notice to appear (which I'm not sure if I will get) ?

Thank you!