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

Asked over 2 years ago - 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/AffSupp..., 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)

  1. Jeffrey Adam Devore

    Pro

    Contributor Level 20

    3

    Lawyers agree

    1

    Answered . 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.





  2. David Nabow Soloway

    Contributor Level 17

    3

    Lawyers agree

    1

    Answered . 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... more
  3. Neil Ian Fleischer

    Contributor Level 20

    2

    Lawyers agree

    1

    Answered . 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... more
  4. Adriana Delpilar Rouselle

    Contributor Level 13

    2

    Lawyers agree

    1

    Answered . 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

  5. Debbi Lee Klopman

    Contributor Level 15

    2

    Lawyers agree

    Answered . 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... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

27,555 answers this week

2,847 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

27,555 answers this week

2,847 attorneys answering