Do I need to file form supplement to form Supplement A I-485?

Asked over 3 years ago - Minneapolis, MN

I am currently in the process of filling for green card for my mother and submitted form I-485. I received response from USCIS requesting additional information and also sent to me a copy of Supplement A to I-485. Do I need to file form Supplement A to I-485 and pay the $1,000? Her I-94 expired about a year ago, although it is still in her passport.

Additional information

I am a US citizen and my mother entered the US with a tourist visa in November 2009. Form 1-130 was filed a month (April 2010) before her I-94 expired in May 2010 and was approved in Decemer 2010. I-485 sumbitted in March 2011. An A number was assigned with request for additional information and Supplement A to I-485 received in April 2011.

Attorney answers (3)

  1. J Charles Ferrari

    Contributor Level 20

    Answered . If you are a US Citizen and your mother entered legally, then the supplement A is not required. The fact that it is being requested indicates that either USCIS made a mistake, or you did by not submitting required evidence or filling the I-485 wrong. Regardless, you must respond to the request.

    You should retain an experienced immigration lawyer to review all the facts and advise you accordingly.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature, as not all the facts... more
  2. Lisa Monique Okoh-Brown

    Contributor Level 15

    Answered . I do not understand why you did not file the I-130 and I-485 all together. In any event with legal entry she does not have to pay the penalty or file form I485A

    Please be advised this answer is for informational purposes only and no attorney-client relationship has been... more
  3. Paul Choquette

    Contributor Level 12

    Answered . Your mother is considered an immediate relative and entered the United States pursuant to a visa and inspection. As such, form I-485 supplement is not required.

    You should consult with an immigration attorney to assist with your response to the RFE.

    Choquette Law Group at 206.269.1200 or pchoquette@choquettelaw.com. The statement above is general information... more

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