I-485 Denied - Help!

[loglog]

Hi everyone! We received a letter by USCIS saying my AOS application was denied earlier today. The interview back in August went well, and my combo card was in the mail the week after. We did however received an RFE for Birth Certificate shortly after. We were confused as to why they would request my BC since they already had it, but decided to send an original copy of my BC along with an official translation from my hometown in France. The form itself is in French but it is translated into 10 different languages. Turns out this document wasn't good enough and USCIS now considers my application to be abandoned. I should have provided a complete translation and certify it myself.

The first thing we did was getting in touch with an attorney who agreed to meet us tomorrow. If I'm not mistaken, we have the possibility to either file I-485 all over again or ask for a Motion to Reopen or to Reconsider using form I-290B. If I choose to file MTR, my presence may become unlawful between the moment I submit I-290B and the moment they agree to reopen. That's a risk I'm not willing to take. Did any of you follow this path? If so, how did it go and how long did it take?

The other option would be to file for AOS again. The denial letter states that my EAD will be revoked within 18 days of the notice unless I submit proof that my I-485 remains pending. The wording here confuses me.Does that mean I can keep working without interruption if I decide to fill a new I-485? If not, will I have to wait one more year or more as I did after submitting my original I-485?

Again, I'll be in touch with a lawyer tomorrow, but it would be very helpful to get some advice, feedback, or to read similar experiences from you guys. Hopefully, this post can also help applicants who just got an RFE for their birth certificate.

Thank you!

[SmithB]

I was just wondering how do you know they consider the application abandoned when in fact you did fille the RFE document? Is it possible that they did not receive it thats why they are saying your application is abandoned? Do you have proof of sending it and then received it? Just seem strange for them to say its abandoned if you responded to the RFE even tho it was not enough, I would think that they will say not sufficient or wrong document or something but not abandoned.

[hectorrivera72]

Hi loglog,
I just wanted to give you a huge caution from my own experiences.

Originally, when submitting my own i-485, I didn't use the right legal counsel, and as a result, also didn't know anything regarding translating foreign documents. I ended up using family to have the certified translation done and it was a mess. I resubmitted at a different time after initial denial and used a cheap translation services, and the result was the same.

Ensure you get a translation agency, preferably U.S.-based, in my opinion, to translate your documents. . They sent us digital copies and copies via UPS of our translated documents as well as a certificate of translation. They had the translator sign with the certification statement needed for USCIS, a project manager signed, and it was notarized - which for some reason, seems harder to come by. Anyway - I hope this helps.

God Bless!

Hector