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Hawagiri02
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 RFE on I485 for Evidence fo lawful admission.

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Posted on 06-28-20 1:21 AM     Reply [Subscribe]
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I have received an RFE for Evidence of lawful admission asking for i94 and evidence of maintaining lawful status on my I485 application.I had already sent them those documents not sure why they are asking again. I have never been out of status and have maintained TPS after entering US in advance parole. Never failed to renew TPS till it was extended automatically. I am not sure why they want the same evidence which I have already sent. Has anybody here received similar RFE, if so how did you respond and what were the results could you please share.

Any idea or suggestion will be appreciated.
 
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Posted on 06-28-20 12:34 PM     [Snapshot: 221]     Reply [Subscribe]
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I filed last year on 2019 July i140 and I485 concurrently got RFE on I140 sent and later got it approved then received RFE for I485 on June 2020, I filed on eb2. I have never entered US illegally or have resided here like that. I was in f1 previously and later changed to tps as i entered US on TPS advance parole. Application is at national benefits center,MO. Not sure why they are asking same evidence again.
 
Posted on 06-28-20 2:21 PM     [Snapshot: 274]     Reply [Subscribe]
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Was there any gap?
 
Posted on 06-28-20 2:49 PM     [Snapshot: 286]     Reply [Subscribe]
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If you mean gap on F1 no. I completed my F1 status after coming back on Advance parole. I have heard that if you are on TPS your residence may not be legal on all states is that true ? Has anybody faced similar situation ?
 
Posted on 06-28-20 3:09 PM     [Snapshot: 300]     Reply [Subscribe]
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There are cases here in sajha too where they were able to do adjustment.
 
Posted on 06-28-20 7:57 PM     [Snapshot: 400]     Reply [Subscribe]
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When you post your issue in Sajha, people can advise/recommend based only on a few lines that you have written. We do not get to see the entire picture to give you an accurate assessment.

My suggestion would be to contact your immigration lawyer who has been working on your case. They should be the one who can give specific advise related to your case and situation. While its extremely helpful to learn and gather information from other people's experience, legal advice should come from your immigration attorney.

I personally know many friends and relatives who was in F1, then TPS, then GC.
 
Posted on 06-28-20 9:04 PM     [Snapshot: 439]     Reply [Subscribe]
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Appreciate all of your inputs. From the post I am not really looking for legal advice just wanted to see if anybody has been through similar situation and take some reference from them.

Thank you.
 
Posted on 07-04-20 1:25 AM     [Snapshot: 846]     Reply [Subscribe]
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Had exact situation, sent again, every legal docs, all I94s, I20s, OPT eads, TPS I797s and EADs, H1B i797 and a letter showing timeline of all those showing no gap and claiming continued legal status. Make sure your medical exam form is within deadline of initial filing, there is certain month validity, I learned it hard way during my interview, only reason, I did not got approve during the interview itself but got approved after doing the exam again and sending the recent form. Also got asked a gap in legal stay but explained about automatic extention of EAD when extention is filed while awaiting decision.

Regarding sending docs again, seems redundant but just make sure you do not miss any and have attorney draft summary letter explaining the timeline. Hope this helps.
 
Posted on 07-04-20 2:14 AM     [Snapshot: 868]     Reply [Subscribe]
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Thank you for the info @tuke123. Will make sure about that.
 
Posted on 07-04-20 2:45 AM     [Snapshot: 870]     Reply [Subscribe]
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@tuke123
"Make sure your medical exam form is within deadline of initial filing, there is certain month validity,".
Can you explain little bit more on this. Thank you.

 
Posted on 07-04-20 3:11 AM     [Snapshot: 884]     Reply [Subscribe]
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Man, you asked this a week ago and still have not responded to uscis? You gotta act quick buddy, especially in these critical times. Make sure you file every piece of information correctly. Good luck.
 
Posted on 07-04-20 7:48 PM     [Snapshot: 1052]     Reply [Subscribe]
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@Hawagiri02 Basically this means since Nov'18 they made policy where after doing I693 medical exam, it needs to be submitted within 60 days to USCIS, just make sure if it was filed within 60 days. Not to be confused with two year validity of exam once it is submitted to USCIS within 60 days. Excerpt "USCIS is now requiring I-693 medicals to be filed within 60 days of the date the Civil Surgeon signs the medical exam".
 
Posted on 07-06-20 11:04 PM     [Snapshot: 1361]     Reply [Subscribe]
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@tuke123
Thanks for adding your story.
Im on the same page. was in f1. went to tps and waiting on Eb2.
Any other suggestions
 
Posted on 08-06-20 1:48 PM     [Snapshot: 2112]     Reply [Subscribe]
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One of my friend got hit with the same RFE. Do you have any insight on how you responded? timelines? Lawyer?
 
Posted on 08-06-20 9:13 PM     [Snapshot: 2222]     Reply [Subscribe]
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I have responded with all I797, i94 and passport copes with letter from my lawyer explaning validity of non immigrant status, I haven't heard from them yet.
 
Posted on 08-17-20 11:39 AM     [Snapshot: 2653]     Reply [Subscribe]
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Same boat here, f1-TPS, visited Nepal on TPS AP and came back and was inspected and Paroled before I initiated AOS.
According to USCIS guidance "If an alien under TPS departs the United States and is admitted or paroled upon return to a port of entry, the alien meets the inspected and admitted or inspected and paroled requirement provided the inspection and parole occurred before he or she filed an adjustment application. The applicant, however, must still meet all other requirements to be eligible for adjustment."
This should have sufficed the criteria but for some reason the officer handling the case determined it was not lawful admission on my case even when there is clear evidence that I was inspected and paroled before I initiated AOS. Issued RFE, then denied 485 on same ground before the interview date was issued, and also denied I290 b (motion to reopen the case). Have talked to multiple layers and they all say this is an error on USCIS’s part and next step would be either file for second i485 or complaint to the court.
However, after reading some blogs here I see a pattern. I am seeing AOS for F1 - TPS is well and good for folks who did not leave the US with AP but not for those who left.
Does anyone know TPS holder who left on AP and came back with successful AOS? Can you share your experience please?
Good Luck to All!

 
Posted on 08-17-20 12:08 PM     [Snapshot: 2671]     Reply [Subscribe]
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"I am seeing AOS for F1 - TPS is well and good for folks who did not leave the US with AP but not for those who left." --- @IC1101 I cannot say this for sure because I know some friends whose AOS is denied even when they didn't leave US. It will be appropriate to say it depends solely on the judgement of USCIS officer handling the case. As you may have seen another user has commented that their AOS was successful with the similar situation. So it depends on luck as well. Good luck to us all !! This shall pass.
 
Posted on 08-17-20 1:29 PM     [Snapshot: 2756]     Reply [Subscribe]
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@Hawagiri02 what were the next steps for your friends whose AOS was denied even when they didn't leave US? Second i485?
the another user your are refering to is tuke123 i think.

tuke123 just confirming you traveled on AP? Got RFE for Unlawful admission?
 
Posted on 08-17-20 2:49 PM     [Snapshot: 2796]     Reply [Subscribe]
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They had filed for motion to reconsider. If that doesn't become successful then second i485. You might have seen another post on Sajha where the person didn't travel got his i485 denied and then motion to reconsidered was successful.
 
Posted on 08-18-20 2:38 PM     [Snapshot: 3001]     Reply [Subscribe]
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Thanks all for sharing these information

My friend is going on the same phase. After showing this he is concerned.

Got an RFE "Submit documents of Maintenance of status" since travelling to Nepal before TPS to current.

Should we discuss on a telegram channel?

He didnt travelled to Nepal after TPS. F1 to TPS and job sponsoring.

We can share what lawyers have mentioned etc..
 
Posted on 08-22-20 9:04 PM     [Snapshot: 3311]     Reply [Subscribe]
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sent private message to you all. we need to collaborate.
 



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