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Hello All
Brief background:
Came to the states in 2000 on student Visa. met my partner in 2015, got married after 6 months. start the application on Oct 2, 2020. We did our interview on Oct 26, 2021. Jul12 2022, USCIS denied my I-485 application for permanent residence. They sent us the denial letter below.
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On October 2, 2020 you filed a Form 1-485, Application to Register Permanent Residence or Adjust Status, with U.S. Citizenship and Immigration Services (USC1S) under section 245 of the Immigration and Nationality Act (INA). You filed Form 1-485 based on being the beneficiary of an immigrant petition.
After a thorough review of your application, your testimony during your interview, and the record of evidence, we must inform you that we are denying your application. To qualify for adjustment under INA 245, an applicant must:
⦁ Be inspected and admitted or inspected and paroled into the United States;
⦁ Be eligible to receive an immigrant visa;
⦁ Be admissible to the United States for permanent residence; and
⦁ Have an immigrant visa immediately available at the time the application is tiled.
You must demonstrate that you are. eligible to adjust status to a lawful permanent resident (LPR). See Title 8, Code of -Federal Regulations (8 CFR), section 245.1.
Statement of Facts and Analysis, including Reason(s) for Denial
On October 26, 2021, you appeared for an interview to determine your eligibility for adjustment of status. During the interview and review of your application with an Immigration Services Officer, you testified that the information on your Form 1-485, along with any amendments made during the adjustment interview, and supporting evidence were true and correct. At the interview, you provided testimony under oath.
⦁ You stated you attended English Language Center.
⦁ You stated you were arrested for grand theft auto and driving without a license.
You initially submitted the following evidence in support of your application:
⦁ One Form 1-20 for English Language Center.
On November 18, 2021, USCIS issued a Request for Evidence (REF) advising you that the evidence
supporting the application vas insufficient to establish your eligibility for adjustment at the time you filed the application. You responded to the RFE on February 23,2022.
On April 12, 2022, USCIS issued a Notice of Intent to Deny (NOID) advising you that the evidence provided in the RFE response and evidence supporting the application was insufficient to establish your eligibility for adjustment at the time you filed the application. You responded to the NOID on June 10, 2022.
After reviewing the evidence and the testimony provided at the interview, USCIS records indicate that you are inadmissible for the following reason(s):
An applicant for adjustment of status under INA 245(a) must establish that he or she is not subject to the INA 212(a)(6)(C)(i) inadmissibility ground relating to fraud and willful Misrepresentation. USCIS records establish that you seek to obtain, sought to obtain, or have obtained a visa, other documentation, or admission into the United States, or other benefit under the INA by fraud or willfully misrepresenting a material fact. In response to the NOID, you submitted the following evidence:
Thus, you are not qualified to adjust status. See INA 212(a)(6)(C)(i) and INA 245(a)(2).
You have not established that you are eligible for adjustment under INA 245. Therefore, USCIS must deny your form I-485.
The evidence of record shows that, when you filed your application, you were present in the United States contrary to law.
You are not authorized to remain in the United. States. If you do not intend to file a motion on this decision and fail to depart the United States within 33 days of the date of this letter, USCIS may issue you a Notice t() Appear and commence removal proceedings against you with the.immigration court. This may result in your being removed from the United States and found ineligible for a future visa or other U.S. immigration benefit. See sections 237(a) and 212(a)(9) of the INA.
To review information regarding your period of authorized stay, check travel compliance, or find information on how to validate your departure from the United States with Customs and Border Protection (CBI'), please see (httes://i94.ebo.dhs.eov/194/11/home).
You may not appeal this decision. However, if you believe that the denial of your Form 1-485 is in error, you may file a motion to reopen or a motion to reconsider using Form 1-29013, Notice of Appeal or Motion. The grounds for a Motion to Reopen and Motion to Reconsider are explained in 8 CFR 103.5(a). You must file Form 1-290B within 30 days of the date of this decision if this decision was served in person, or within 33 days if the decision was served by mail. Sec 8 CFR 103.5(a) and 103.8(b). Note: You must follow the most current filing instructions for Form 1-290B, which can be found atvww.oscis.gov.
To access Form I-290B or if you need additional information, please visit the USCIS Web site at www.uscis.gov or call the USCIS Contact Center toll-free at 1-800-375-5283. You may also contact the USCIS office having jurisdiction over your current place of residence.
NOTE on Employment Authorization Document: Any employment authorization based upon this Form 1-485 is automatically terminated if the expiration date on the employment authorization document has been reached. See 8 CFR 274a.14(a)(1.)(i). Since this Form 1-485 is denied, the condition upon which your employment authorization was based no longer exists. Any unexpired employment authorization based upon this Form 1-485 is revoked as of 18 days from the date of this notice, unless you submit, within 18 days, proof that your, Form 1-485 remains pending. See 8 CFR 274a.14(b)(2). The decision by the district director shall be final and no appeal shall lie from the decision to revoke the authorization. Your employment authorization document should be returned to the local USCIS office.
NOTE on Advance Parole Document: Any advance parole document based upon this Form 1-485 is automatically terminated if the expiration date of the time for which parole was authorized has been reached. See 8 CFR 212.5(e)(1)(ii). Since this Form .I-485 is denied, the purpose for which your advance parole document was issued has been accomplished. Any unexpired advance parole document issued to you based upon this Form I-485 is terminated as of the date of this notice. See 8 CFR 212.5(e)(2)(i). Your advance parole document should be returned to the local USCIS office.
Sincerely,
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so, I need to prove them that I attended this school that i went almost 20 years ago. the thing is I lost most of my belongings when somebody broke into the apartment 10 years ago and not only have any paperwork from the school, I don't even have my passports to show(except a scan of a top page from my passport with my face). and on top of this, the school no longer exists. I did have my I-20s and googled the person who signed my I-20 and managed to get in touch with her( the director at the school at the time and she is the one signed my i-20s) and she wrote the letter that says the signature on my I-20 is hers along with her drivers license. I also included the letter from a friend of mine who went to the school with me( she is no longer in US, went back to Japan). I also managed to find a scan, not original, of the certificate of completion at the school that I emailed to my parents.
I would like to appeal, but is there anything else that I can add to my case?
any advice? thank you.
Brief background:
Came to the states in 2000 on student Visa. met my partner in 2015, got married after 6 months. start the application on Oct 2, 2020. We did our interview on Oct 26, 2021. Jul12 2022, USCIS denied my I-485 application for permanent residence. They sent us the denial letter below.
--------------------------------------------------------------------------------------------------------------------------------------
On October 2, 2020 you filed a Form 1-485, Application to Register Permanent Residence or Adjust Status, with U.S. Citizenship and Immigration Services (USC1S) under section 245 of the Immigration and Nationality Act (INA). You filed Form 1-485 based on being the beneficiary of an immigrant petition.
After a thorough review of your application, your testimony during your interview, and the record of evidence, we must inform you that we are denying your application. To qualify for adjustment under INA 245, an applicant must:
⦁ Be inspected and admitted or inspected and paroled into the United States;
⦁ Be eligible to receive an immigrant visa;
⦁ Be admissible to the United States for permanent residence; and
⦁ Have an immigrant visa immediately available at the time the application is tiled.
You must demonstrate that you are. eligible to adjust status to a lawful permanent resident (LPR). See Title 8, Code of -Federal Regulations (8 CFR), section 245.1.
Statement of Facts and Analysis, including Reason(s) for Denial
On October 26, 2021, you appeared for an interview to determine your eligibility for adjustment of status. During the interview and review of your application with an Immigration Services Officer, you testified that the information on your Form 1-485, along with any amendments made during the adjustment interview, and supporting evidence were true and correct. At the interview, you provided testimony under oath.
⦁ You stated you attended English Language Center.
⦁ You stated you were arrested for grand theft auto and driving without a license.
You initially submitted the following evidence in support of your application:
⦁ One Form 1-20 for English Language Center.
On November 18, 2021, USCIS issued a Request for Evidence (REF) advising you that the evidence
supporting the application vas insufficient to establish your eligibility for adjustment at the time you filed the application. You responded to the RFE on February 23,2022.
On April 12, 2022, USCIS issued a Notice of Intent to Deny (NOID) advising you that the evidence provided in the RFE response and evidence supporting the application was insufficient to establish your eligibility for adjustment at the time you filed the application. You responded to the NOID on June 10, 2022.
After reviewing the evidence and the testimony provided at the interview, USCIS records indicate that you are inadmissible for the following reason(s):
An applicant for adjustment of status under INA 245(a) must establish that he or she is not subject to the INA 212(a)(6)(C)(i) inadmissibility ground relating to fraud and willful Misrepresentation. USCIS records establish that you seek to obtain, sought to obtain, or have obtained a visa, other documentation, or admission into the United States, or other benefit under the INA by fraud or willfully misrepresenting a material fact. In response to the NOID, you submitted the following evidence:
- A summary letter from your attorney. This letter does not provided any additional evidence to prove you attended English Language Center.
- Copies of Form 1-20 for English Language Center. While these documents demonstrate you were enrolled at English Language Center, they do not prove that you attended classes at the school.
- Certificate of completion from English Language Center. While this document indicates you completed 910 lessons, it is insufficient to prove you attended classes at the school during your claimed attendance.
- Declaration from V. In her declaration, she stated that she recognized her signature on the various school documents you presented to her. She also claimed that she would not have signed the documents if you were not meeting the requirements of a student at the school. The declaration provided is not notarized and is given little weight. Furthermore, in her declaration, she states she does not remember you and her assumption is that you would have attended classes had she signed the documents. This is insufficient to prove you attended classes at English Language Center school.
- Los Angeles Police Department letters and Superior Court of California case search records. These documents appear sufficient to address your arrest on September 18, 2008.
Thus, you are not qualified to adjust status. See INA 212(a)(6)(C)(i) and INA 245(a)(2).
You have not established that you are eligible for adjustment under INA 245. Therefore, USCIS must deny your form I-485.
The evidence of record shows that, when you filed your application, you were present in the United States contrary to law.
You are not authorized to remain in the United. States. If you do not intend to file a motion on this decision and fail to depart the United States within 33 days of the date of this letter, USCIS may issue you a Notice t() Appear and commence removal proceedings against you with the.immigration court. This may result in your being removed from the United States and found ineligible for a future visa or other U.S. immigration benefit. See sections 237(a) and 212(a)(9) of the INA.
To review information regarding your period of authorized stay, check travel compliance, or find information on how to validate your departure from the United States with Customs and Border Protection (CBI'), please see (httes://i94.ebo.dhs.eov/194/11/home).
You may not appeal this decision. However, if you believe that the denial of your Form 1-485 is in error, you may file a motion to reopen or a motion to reconsider using Form 1-29013, Notice of Appeal or Motion. The grounds for a Motion to Reopen and Motion to Reconsider are explained in 8 CFR 103.5(a). You must file Form 1-290B within 30 days of the date of this decision if this decision was served in person, or within 33 days if the decision was served by mail. Sec 8 CFR 103.5(a) and 103.8(b). Note: You must follow the most current filing instructions for Form 1-290B, which can be found atvww.oscis.gov.
To access Form I-290B or if you need additional information, please visit the USCIS Web site at www.uscis.gov or call the USCIS Contact Center toll-free at 1-800-375-5283. You may also contact the USCIS office having jurisdiction over your current place of residence.
NOTE on Employment Authorization Document: Any employment authorization based upon this Form 1-485 is automatically terminated if the expiration date on the employment authorization document has been reached. See 8 CFR 274a.14(a)(1.)(i). Since this Form 1-485 is denied, the condition upon which your employment authorization was based no longer exists. Any unexpired employment authorization based upon this Form 1-485 is revoked as of 18 days from the date of this notice, unless you submit, within 18 days, proof that your, Form 1-485 remains pending. See 8 CFR 274a.14(b)(2). The decision by the district director shall be final and no appeal shall lie from the decision to revoke the authorization. Your employment authorization document should be returned to the local USCIS office.
NOTE on Advance Parole Document: Any advance parole document based upon this Form 1-485 is automatically terminated if the expiration date of the time for which parole was authorized has been reached. See 8 CFR 212.5(e)(1)(ii). Since this Form .I-485 is denied, the purpose for which your advance parole document was issued has been accomplished. Any unexpired advance parole document issued to you based upon this Form I-485 is terminated as of the date of this notice. See 8 CFR 212.5(e)(2)(i). Your advance parole document should be returned to the local USCIS office.
Sincerely,
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so, I need to prove them that I attended this school that i went almost 20 years ago. the thing is I lost most of my belongings when somebody broke into the apartment 10 years ago and not only have any paperwork from the school, I don't even have my passports to show(except a scan of a top page from my passport with my face). and on top of this, the school no longer exists. I did have my I-20s and googled the person who signed my I-20 and managed to get in touch with her( the director at the school at the time and she is the one signed my i-20s) and she wrote the letter that says the signature on my I-20 is hers along with her drivers license. I also included the letter from a friend of mine who went to the school with me( she is no longer in US, went back to Japan). I also managed to find a scan, not original, of the certificate of completion at the school that I emailed to my parents.
I would like to appeal, but is there anything else that I can add to my case?
any advice? thank you.
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