There are recent reports from clients and through AILA that the National Benefits Center (NBC) is denying I-485 applications without the issuance of a Request for Evidence (RFE) or Notice of Intent to Deny (NOID). The basis of these denials is the lack of sufficient initial evidence.
These recent ’Statutory Denials’ may be a sign of further enforcement of the July 13, 2018, USCIS Policy Memorandum.
To reduce the chance of Statutory or Summary Denial, here are a few tips:
Review all form directions prior to submitting a petition or application and confirm with the USCIS to make sure the correct edition of the form is being used. Make sure that the forms are fully signed and completed. Print “N/A” in all empty boxes unless otherwise noted, and print “none” where a numeric response is zero unless otherwise noted. Please make sure that the correct filing fees, address and initial evidence is used for the forms. Also be aware of the issues with the legal documents such as Birth Certificates, Marriage Certificates, Divorce Decrees match the passport and the visa of the individual. Often in some countries, the spellings of the names and additional salutations such as Bhai, Ben, Kumar are used in the legal documents. These discrepancies will make the case deniable. If primary documents cannot be obtained by any chance, secondary evidence should be submitted. A statement from the governments of the immigrants’ countries has to be submitted for the non-availability of the legal documents and then additional secondary documents may be submitted such as testimonials or affidavits can only as instructed below. Also enclose a copy of all relevant entry and admission documents, i.e., I-94, CBP admission stamp, visa stamp.
Absence of required evidence creates a presumption of ineligibility. If a required document cannot be obtained, the applicant must submit secondary evidence, such as school records. If secondary evidence, by no means, can also not be obtained, the applicant must submit two affidavits. Both must be affirmed by persons who are not parties of the petition but have personal knowledge of the event.
If a record does not Exist, the applicant must submit a written statement establishing this from the relevant government or other authority. The statement must include reason for the non-existence of the record and indicate weather similar records for time and place are available. If an applicant has repeatedly tried to obtain the necessary document from foreign authority, and has failed at doing so, may submit evidence that good faith attempts were made to acquire the document. If the USCIS finds such document is usually available, it may require the applicant to submit the document.
With reference to evidence of admission, parole or an entry under Matter of Quilantan, NBC stated that secondary evidence may be documents that were created in the ordinary course of business by an individual. For secondary evidence, concerns would include (a) is the document authentic and (b) what can be inferred about whether the claimed admission took place. Written testimonies such as affidavits and statements signed under the penalty of perjury can be provided if primary and secondary evidence isn’t available. Written testimony based on personal knowledge of the signer, along with detail of claimed time, date, and any exchanges happening are the most persuasive. Applicant’s must explicitly assert, and respond to an RFE, that primary evidence is not available, if not, the I-485 and ancillary application may be denied as abandoned.
Disclaimer
This article aims to provide new information concerning recent Presidential proclamation and its effect on the Aliens. This article, under no circumstances, acts as legal advice; therefore, for any proclamation or any immigration questions, please contact your Attorney or the Ahluwalia Law Offices, P.C. (Team ALO).
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