I-290b

[Ritsw]

Hi Everyone ,

I filed VAWA in December 2020. Replied to first RFE in March 2021. Last year October USCIS sent another RFE while i visited my home country using my advance parole. But the RFE was returned to USCIS because the post office could not deliver it as it has my previous attorney’s office address which she already closed her office last year August and didn’t even notify me. Since November 2022 i have been trying to contact USCIS requesting them to send copy of missing RFE. Sent so many written letters, updated my address, raised 4 service request but did not get any reply from them.

This year April 2023 my I-485 AND VAWA both got denied. I hired a new attorney, we filed I-290B same month. Attorney contacted Congressman and Ombudsman regarding missing RFE but the only reply we got USCIS is still doing background checking.

Now, yesterday my attorney called me and asked me to leave US before 3rd October as i have been out of status since this April and occurring unlawful presence staying beyond 180 days past. If i continue staying here while waiting to reopen I-290b then the denial can result in 5-10 years bar from entering the U.S.

i am really stressing here a lot. All these years been just waiting and waiting. Lost my job this year since my both I-485 and vawa got denied due to missing RFE

My question is-

1) Do i really need to leave US by this 3rd October?

2) If i just continue staying here and wait until both I-290B reopens, will that be any issue getting 5-10years banned entering U.S?

2) We tried everything to get missing RFE copy from USCIS but did not get any response from them, is there any other way i can try to get copy of missing RFE?



Please advise as this is really stressing me out a lot. I really don’t want to just leave everything and go back to my home country

[newacct]

I think it depends on whether you think your VAWA will be reopened. If so, then you should stay in the US and do Adjustment of Status. If the I-485 is reopened, then it's as if it was pending the whole time, so you wouldn't have accrued any unlawful presence during this time, so that even if it is denied later, unlawful presence would only start accruing from that denial, and not from the last denial. (Also, unlawful presence is irrelevant for Adjustment of Stauts (I-485) anyway, since unlawful presence only triggers a ban if you leave the US.) If you don't think your VAWA will be reopened, I'm guessing it's too late for you to file VAWA again from scratch? Do you have another basis to immigrate, like a new marriage to a US citizen?