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 ?
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.
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 * email@example.com
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
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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