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DAP Forums > DREAM Act > The Lounge

I-485 Denied with no RFE - Valid DACA & Clean Record - Page 2

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#11
03-09-2024, 02:46 PM
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DACA-IR-DA
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I would use a very experienced lawyer if you are not already.
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#12
03-09-2024, 08:19 PM
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lachupacabra
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I am sorry this is happening to you.
I have a similar case but my I-485 is still pending at NBC. What center made this decision?
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- I-130: Sent 9/2020 => Approved 2/2022
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#13
03-10-2024, 11:43 PM
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Quote:
Originally Posted by lachupacabra View Post
I am sorry this is happening to you.
I have a similar case but my I-485 is still pending at NBC. What center made this decision?
My denial came from NBC. My lawyer is starting the motion to consider and will be calling to see if we can get anyone on the line. It's clearly an error. Anyone can easily pull up the termination with my A#. You would think that decision letter from the judge would have been enough to clarify.
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Sent:9-17-2012 | Delivered: 9-18-2012 | Electronic I-797C Received: 9-20-2012 routed to Vermont |
I-797C Received:9-24-2012| Biometrics Appt: 9-27-2012 for 10-23-2012| Biometrics Walk-in: 10-9-2012 |
Approved: 6-5-13 | EAD Arrived: 6-10-13
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#14
03-11-2024, 02:20 PM
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Quote:
Originally Posted by anitagreencard View Post
My denial came from NBC. My lawyer is starting the motion to consider and will be calling to see if we can get anyone on the line. It's clearly an error. Anyone can easily pull up the termination with my A#. You would think that decision letter from the judge would have been enough to clarify.
It can be clerical error too. Keep fighting. You got this.
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#15
03-11-2024, 03:14 PM
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justgreened
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Looks like similar to your case https://www.reddit.com/r/USCIS/s/oNVXscMRht
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#16
03-19-2024, 03:12 AM
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Quote:
Originally Posted by anitagreencard View Post
My denial came from NBC. My lawyer is starting the motion to consider and will be calling to see if we can get anyone on the line. It's clearly an error. Anyone can easily pull up the termination with my A#. You would think that decision letter from the judge would have been enough to clarify.
From what you wrote, everything was done correctly on your end.

1. You were prima facie eligible for the benefit applied for at the time

2. The adjudicator within the service misapplied the law.

3.Try contacting your Senator or Representative to see if they can get the service to re-consider in addition to filing the motion.



..........Did your lawyer send the termination order along with the original I-485 application packet?
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Last edited by Ianus; 03-19-2024 at 03:25 AM.. Reason: Question....
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#17
04-04-2024, 10:58 AM
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Yes, my Lawyer sent the letter of termination with the packet.

My lawyer is doing the following:

1) File for an Ombudsman Request to review the incorrect denial, this is basically an independent agency which helps resolve problems/issues with USCIS. This involves writing to them and requesting a review of the Decision, technically, this is only used when there is a rejected filing, not a denial, but we should try.
2) File a Review Sua Sponte (Voluntary Review) of the Decision made by USCIS discussing clear error.
3) Call the 800 Customer Service Number requesting a Tier 2 Officer
4) File a 290B requesting a review of the Decision.

So far Tier 2 got back to us and found that there was no admin error..

I really can't believe this.. It takes 2 seconds to put my A# into EIOR and see the terminated status. I'm going broke fighting this. I will be reaching out for congressional help.



Quote:
Originally Posted by Ianus View Post
From what you wrote, everything was done correctly on your end.

1. You were prima facie eligible for the benefit applied for at the time

2. The adjudicator within the service misapplied the law.

3.Try contacting your Senator or Representative to see if they can get the service to re-consider in addition to filing the motion.



..........Did your lawyer send the termination order along with the original I-485 application packet?
__________________
Sent:9-17-2012 | Delivered: 9-18-2012 | Electronic I-797C Received: 9-20-2012 routed to Vermont |
I-797C Received:9-24-2012| Biometrics Appt: 9-27-2012 for 10-23-2012| Biometrics Walk-in: 10-9-2012 |
Approved: 6-5-13 | EAD Arrived: 6-10-13
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#18
04-09-2024, 08:20 PM
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Sorry you are going through this! Hopefully your representative can help!
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#19
04-10-2024, 03:01 PM
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Any update?
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#20
04-11-2024, 09:27 PM
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Quote:
Originally Posted by DACA-IR-DA View Post
Any update?
Nothing yet. We sent out the I-290b on 3/24. We're still waiting on the receipt. My lawyer suggested that we seek congressional help after the receipt.
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Sent:9-17-2012 | Delivered: 9-18-2012 | Electronic I-797C Received: 9-20-2012 routed to Vermont |
I-797C Received:9-24-2012| Biometrics Appt: 9-27-2012 for 10-23-2012| Biometrics Walk-in: 10-9-2012 |
Approved: 6-5-13 | EAD Arrived: 6-10-13
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