5 Most Challenging Obstacles For Adjustment Of Status (And Their Solutions)
Author: green card lawyer Alena Shautsova
A Recent Success
We were able recently to persuade the US government that the couple who was sufficiently accused of a fraudulent marriage, in fact had a bona fide marriage. As a result, the non- citizen was finally granted adjustment of status and was cleared of all accusations. The key in solving this issue was preparation and documentation of couple’s life, including presentation of written testimony by credible witnesses.
Marriage Immigration
Challenges covered herein:
Adjusting your Status when you are eligible seems simple at first glance. You read the directions and provide answers the questions correctly (and TRUE!), submit your supporting documents and wait. You wait, and wait, and wait and FINALLY you get a response with a yellow notice known as a “Request for more Evidence (RFE)”
“It’s over” (you think), there isn’t any evidence in my possession that I can submit additionally to overcome this RFE …
Think again!
Outlined below will be solutions for the five (5) most difficult RFE’s to overcome as well as some good tips on how to avoid an RFE from these particular issues to begin with. Those RFEs will have similar language:
1. “You have said that you Entered Without Inspection (EWI) based on the evidence submitted it has been determined that you are ineligible to adjust your status at this time and/or you cannot prove your physical presence from the date specified as your entrance.”
2. Bona Fide Marriage – “It has been alleged that your marriage to a US Citizen Spouse is fraudulent. Please submit additional evidence to prove your marriage bona fide.”
3. “It has been determined that you are ineligible to adjust status based on the fact that you have accrued Unlawful Presence within the United States.”
4. “Your Sponsor for form I-864 Affidavit of Support does not meet the income requirements to sponsor you.”*
* This does not include any glitches in the USCIS system which are easily rectified by resubmitting tax returns and a short cover letter. Mostly these glitches result from individuals who make over $100,000 as it is believed that the software only reads the last 5 digits (although USCIS will never confirm this) if the person for example makes $110,000 you may receive an RFE because the software read $10,000 instead.
5. “Through further investigation it has been discovered that the applicant has a Prior Order of Deportation that was not disclosed.”
Now, let’s see if the scary RFE can be overcome.
