we filed form I-485/ permanent residence or adjust status to USCIS. Everything in this process was good n Excellent, No RFE , we got EAD n our interview was straight n clear. Awaiting for USCIS response. But last week,we got USCIS response stating that USCIS has rejected our form I-485 & that is “ Notice of Administrative closure”. Next day we went to USCIS office to meet the officer with letter n they explained me that they want to see my Saudi birth certificate n we don’t have the birth certificate, we have evidence copy of my birth i.e stamp from embassy of India- jeddha(1985 born).
I am looking forwards to get some information or get some help to clear this matter.
Currently my EAD is valid or I am out of status, n how serious this notice is?
It is good news that your I-485 was administratively closed rather than denied. You can file a service motion to reopen your I-485 Application providing the missing evidence and an explanation that you never had the opportunity to submit the additional evidence and now that you are providing it USCIS should reopen your case because you are not eligible for adjustment of status. A motion like this is granted or denied based on the Officer's discretion so you want to be nice about it and make it easy for them.
If your case was admin closed shortly after your interview and it hasn't been long since your interview date then you may be able to get a copy of the missing birth certificate directly to the Officer who interviewed you and they may then reopen and adjudicate your case. Sometimes Officers admin close a case that is missing evidence as a courtesy rather than denying the case or even sometimes in leui of issuing an RFE, which could delay things more by requiring a formal RFE response. It really depends on the Officer.
They may have admin closed the case instead of issuing an RFE because you told the Officer that you don't have the birth certificate that they are requesting, so they know you won't be able to respond to an RFE in a timely manner.
If your I-485 is no longer pending because it is admin closed, and that I-485 was the basis for your EAD then your EAD is no longer valid but if you reopen the application then it will be pending once again and your EAD will be valid.
Getting your Legal Permanent Resident Status is probably one of the most important things you will ever do so it is worth consulting an attorney, especially since you are having issues. You do not want your case to be denied.
I strongly encourage you to consult with an immigration attorney who can help you resolve this issue and get your legal permanent resident status. You already did most of the work so you can probably find a lawyer who can assist you with this last step without it costing you a lot of money.
This response does not constitute legal advice and it does not establish an attorney-client relationship. I recommend you meet with an attorney.
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