How to Respond to a RFE About Possible Entry Without Inspection
I filed for my husband who entered this county in 3/2010 and his visa expired in 9/2010. He overstayed his visa and then his passport was stolen, so we did not have his I-94 or visa number. We were advised to file and submit the I-102 to replace the I-94. And send the copy of that paperwork with the i-130 and the i-485 paperwork, because they needed to go to different addresses. Which I did. Everything was accepted and is in initial review, except the i-485. They sent us an RFE and they are asking for proof of legal entry to the United States and sent us the i-485 supplement A form. The i-102 is still in process and according to the process time calculator in the uscis website, that can take up to 4 months. I am confused because the instruction form said that we do not need to send the 485 supplement A, if you are applying to adjust status as a spouse and you were inspected and lawfully admitted to the United States other than a c-1 or S immigrant status.
So here is the problem, I only have 80 more days to send the RFE, and I do not know if I need the supplement A. The replacement i-94 is being processed and I have no clue when we will receive that. However, ended up contacting someone in the CBP, we sent him a letter and he sent us a letter back on the CBP letter head. The letter arrived two days after I sent the initial package. So it was not included with the initial i-485 filed, and at that time, we did not know his visa number.
The letter states,
“After reviewing the facts in the letter that you sent, your record reflects your arrival into the United States on March 15, 2010 and that the admission number is (I-94) ########## ##. Your B2 Visa was valid for legal admission into the US unitl 9/14/2010, therefore you are an overstay in the US.
Sincerely,”
My question, is this letter enough to satisfy the RFE’s request for proof of legal entry? And do we need to fill out the I-485 Supplement A as well?
Thank you for your help in advance!!
Re: How to Respond to a RFE About Possible Entry Without Inspection
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Quoting
Zalterra
They sent us an RFE and they are asking for proof of legal entry to the United States and sent us the i-485 supplement A form.
Those actions suggest that they believe that the Supplement A form would be apposite.
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Quoting Zalterra
I am confused because the instruction form said that we do not need to send the 485 supplement A, if you are applying to adjust status as a spouse and you were inspected and lawfully admitted to the United States other than a c-1 or S immigrant status.
From what you've told us, the suspicion is that your spouse was not inspected and lawfully admitted to the United States.
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Quoting Zalterra
I only have 80 more days to send the RFE, and I do not know if I need the supplement A.
You are in a much better position than us to know if your husband in fact had his passport stolen and simply overstayed his visa, or if he left, reentered without inspection, and discarded his passport because it documented international travel subsequent to his last documented, legal entry. You are also in a much better position than us to figure out why the USCIS might be suspicious that your husband left the U.S. and reentered if he in fact did not. I suggest consulting an immigration lawyer with the details of the case and trying to figure out why the USCIS is suspicious about a possible departure and reentry without inspection.
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Quoting Zalterra
My question, is this letter enough to satisfy the RFE’s request for proof of legal entry?
The USCIS is aware of the correspondence it sends, and it's aware of the entry and exit dates recorded in its own computers. If the USCIS is trying to determine if your husband departed and reentered subsequent to his last lawful entry, the letter will not resolve their concerns. We're in the unfortunate position of not being able to determine what the USCIS is thinking, and not knowing any of the facts or details that might explain their concerns.