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My wife and I have an I-485 application that was denied by the USCIS. Did they act correctly ? What should we do now ?

Waterbury, CT |

We have a family based case. Our daughter, 21 yrs old is the petitioner and we have a financial sponsor. The USCIS asked for a Federal Income Tax Return of my financial sponsor. Based on guidance of our immigration consultant we sent out a Tax Return Transcript instead. According to him the Transcript is a more "official" document, because it comes directly from the IRS. Our process was denied because we failed to submit the requested documentation. By researching on USCIS website, we found this page: http://www.uscis.gov/files/pressrelease/AffSupprt112305.pdf, which states: "For purposes of the affidavit of support requirements, officers shall accept an IRS-generated transcript as a true and correct 'copy' of the sponsor's return." Were they right in deny our application ?

Attorney Answers 5

Posted

More facts are needed, but it seems they MAY have made an error. You should hire an immigration ATTORNEY as opposed to a CONSULTANT
You may be able to re-open the case

www.immigrate2usa.com

Neil I Fleischer (513) 977-4209 www.immigrate2usa.com Note: Neil Fleischer is an attorney licensed in the State of Ohio The below answer is provided for informational use only. One should not act or refrain to act solely based on the information provided. No attorney/client relationship is created unless an Agreement is signed by the attorney and the client. Best regards, Neil Neil I Fleischer The Fleischer Law Firm, LLC 917 Main Street Cincinnati, Ohio 45202-1314 Direct telephone: 513 977 4209 nfleischer@immigrate2usa.com Enjoy our Blog at http://immigrate2usa.blogspot.com/

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Asker

Posted

Thanks for your answer. We thought this would be a simple family case, just filling out paperwork as opposed to more complex cases such as employment and marriage that's why we didn't hire an attorney.

Neil Ian Fleischer

Neil Ian Fleischer

Posted

Have an attorney look at the reason for denial, there MAY be a simple solution. We would be happy to take a look at it

Asker

Posted

Would you be able to assist us here in Connecticut ?

Neil Ian Fleischer

Neil Ian Fleischer

Posted

Probably.. but would want to see reason for denial nfleischer@immigrate2usa.com is my personal email

Posted

It is necessary to see the reasons for the denial. It is possible that your sponsor did not meet the poverty guidelines or that they found a different problem with your application. You should review personally your case with an experienced immigration attorney

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Asker

Posted

The sponsor did meet the poverty guidelines. Thanks for your answer.

Posted

Immigration "consultants" are not attorneys and providing you with legal
advice is practicing law without a license. You will be much better
served by consulting with an experienced immigration attorney.

That being said, a transcript is generally acceptable, but not always.
It depends upon the issue that the examiner is trying to resolve.
Without having the benefit of reviewing the RFE, what you submitted to
USCIS (including your original filing) and the denial decision it is
impossible to advise you.

You should consult with an experienced immigration attorney who can
review your case and advise you as to the options available and how best
to proceed. Keep in mind that some of these options have time limits
associated with them so time is of the essence.

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Asker

Posted

Thanks for your answer. We thought this would be a simple family case, just filling out paperwork as opposed to more complex cases such as employment and marriage that's why we didn't hire an attorney. We learn from our mistakes. Now it's time to fix the damages.

Jeffrey Adam Devore

Jeffrey Adam Devore

Posted

Unfortunately, as you found out the hard way, there is much more to a successful immigration case than just filling out forms. The good news is that you now realize that. Seek out experienced counsel who can help you fix the problem(s) that led to the denial and get you the immigration benefit you deserve. <http://www.avvo.com/attorneys/33410-fl-jeffrey-devore-1278586.html>

Posted

I agree with my colleagues. You should find and hire an immigration attorney you feel comfortable with . Be sure you hire an attorney and NOT a consultant.

Debbi Klopman, ESq.
398 Bergen Street
Brooklyn, NY 11217
www.debbiklopmanlawoffice.com
dkny430@aol.com
718 622 1208
This advice was intended to be general in nature and not to be taken as a legal opinion or legal advice and was not deemed to create an attorney-client relationship

Debbi Klopman, ESq. 398 Bergen Street Brooklyn, NY 11217 www.debbiklopmanlawoffice.com dkny430@aol.com 718 622 1208 This advice was intended to be general in nature and not to be taken as a legal opinion or legal advice and was not deemed to create an attorney-client relationship

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Asker

Posted

Thanks for your opinion.

Posted

Consistent with every previous response, there simply is no substitute for engaging an immigration attorney to carefully review the Form I-72, the Notice of Intent to Deny (if one was issued), the Denial and the evidence that was submitted. If an immigration attorney agrees with your assessment that the USCIS made an error, he/she could advise you of options, such as seeking reconsideration, filing a new application, assessing applicable deadlines, etc.

The problem you described is one that almost certainly could have been avoided had you been represented by an immigration attorney throughout the entire process. Research from the USCIS's own website, or from other Internet resources, and guidance from an "immigration consultant," are simply insufficient and may be dangerous.

[Note: Consistent with Avvo policy, this communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.]

David N. Soloway
Frazier, Soloway, Poorak & Kennedy, P.C.
1800 Century Place, Suite 100
Atlanta, Georgia 30345 www.fspklaw.com
404-320-7000 * 1-877-232-5352 * dsoloway@fspklaw.com

[Note: Consistent with Avvo policy, this communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.] David N. Soloway Frazier, Soloway & Poorak, P.C. 1800 Century Place, Suite 100 Atlanta, Georgia 30345 www.fspklaw.com 404-320-7000 * 1-877-232-5352 * dsoloway@fspklaw.com

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Debbi Lee Klopman

Debbi Lee Klopman

Posted

Mr. Soloway has furnished excellent and complete advice here. I hope you take his advice.

Asker

Posted

Thanks for your answer. We learn from our mistakes. Now it's time to fix it.

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