| Denied because of incomplete I-864 Affidavit of Support |
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| Thursday, 19 November 2009 13:22 | |||
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Question: Hi, I hope you answer our question. I’m a citizen and filed immigration papers to get my husband who is Jamaica his residency. We just received a denial and are shocked! The paper says that the reason for the denial is we did not provide the requested document. For the affidavit they requested the tax return for 2008, but I did an extension, so I sent a copy of the IRS extension instead. I called the immigration and they said we can’t get the filing fees back. Can they really deny it without calling us or sending another request letter? Is there anything you can do to get the money back for us or get the denial cancelled? Answer: Unfortunately, one of the most common reasons for denials of otherwise approvable Residency petitions involves the I-864 Affidavit of Support and failing to provide the exact documents required by the USCIS. This is because the USCIS determines eligibility based upon the documents provided. Only IRS tax returns are accepted, not IRS extensions. The USCIS generally only allows one opportunity to provide the requested documentation – called a Request For Evidence. If the response received is not complete, or demonstrates that eligibility is not met, the officer will not send another request; the case will simply be denied. This results in the filing fees being lost. It is very harsh, but all too common. Therefore, the most important thing is to fully understand exactly what the USCIS requirements are and to respond to a USCIS Request For Evidence with exactly what is requested. When in doubt, seek professional advice. Never assume that the USCIS officer will try to help by sending a second request. When cases are denied, a motion to reopen can be filed, with a $585 filing fee and unless the denial was based upon a USCIS error, the case will likely be denied with the additional $585 lost. In cases like this, the only remedy is to seek professional help and re-file the case again properly.Question: I read in your column and saw on TV that immigration filing fees are increasing. When will this happen? I have been putting off filing to save money, but now I’m getting worried it may cost even more.Answer: The State Dept and USCIS are seeking approval for fee increases. Among the many reasons cited for the USCIS filing fees increase is reduced filings this year and the need for funds to handle the increased workload anticipated by Immigration Reform, expected next year. Once approved, there will generally be a 90-day period before they take effect. However, the best advice is always to file early. Once the announcement is made about the increase, there will be a dramatic response in filings which will result in processing delays and errors. Question: A few years ago congress was trying to pass the amnesty law and I heard that the law would get rid of residency for sisters and brothers. If the new immigration law passes next year, I’m worried because I want to file to sponsor my sister and her family, what will happen if they later pass the law against it?
Answer: The 2007 immigration reform proposal defeated in Congress did include provisions to eliminate immigration categories, including the 4th Preference category for bothers & sisters of U.S. Citizens. Experts believe that any future immigration reform (expected in 2010) will include similar provisions. However, it is safe to say that all family petitions filed now for Sisters and Brothers (and their families) will still remain valid and allow your relatives to Immigrate to the U.S. It should only apply to future filings. *This column is published for the purposes of providing a general understanding of immigration legal issues, as a public service and is not intended to establish an attorney client relationship. Consideration given to any immigration issue is not intended in any way to substitute for individual legal consultation with a licensed attorney. Readers should understand that this column and the foregoing illustrations are subject to different interpretations in each particular immigration case that may arise and no one reading this column should attempt to apply his own particular situation to the principles described herein. Readers with specific legal immigration issues should consult their attorney. If you have an immigration issue and do not know an attorney, you may call your state’s attorney Bar Association.
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| Last Updated on Sunday, 31 January 2010 19:31 |