RFE Help

[erpm]

Hello Everyone,

Our case is little confusing:
Filed I485, 130 and 131 for family member in Aug 2021
They got their I131 approval in June 2022 and went to home country in July 2022 for some medical reasons.
We moved to different state in Sep 2022 and changed address for all these forms.

As soon as address changed, we got an RFE for I485 that states: Our records indicate you have departed the United States. In order to complete the adjudication of your case, you must be physically present in the United States.Submit evidence of a lawful admission or parole into the United States.

Question is - do they need to come back to US to continue this I485 or can we highlight to USCIS that they left the US with parole? I didn't know that going out of country with parole with hold adjudication process.

Any recommendations will be helpful.

[Enub4]

Your case is for a parent of a US Citizen?
For what you wrote, they are ready to do the adjudication (it looks like without an interview) and they want the person to be in the USA to approve and send the GC. In theory, the AP would be invalid when the GC is issued, so it looks like they want to avoid putting the person in a difficult position to return.

The RFE has a limit date? Are the plans to return before that date? Do you have a lawyer for the case?

This is only my guess, this is the first time that I read about an RFE like that. Good luck.

[shiva_82]

It could also be because you requested for an address change for form 485, which is a form your parent would have filed (technically). Requesting a change in address for a form when they are not even in the country could have also triggered the RFE. Just my guess. Talk to USCIS to find out.

[namcure]

Hi. Any updates on your case? I have received a similar RFE, any info would be helpful.

[andreen]

In situations like these, it's crucial to communicate promptly with the U.S. Citizenship and Immigration Services (USCIS) to clarify the circumstances.