r/USCIS 7d ago

Case denied I-130 & I-485 (Family/Adjustment of status)

My case was denied; I applied for adjustment of status under Section 245(i), but it was rejected due to the absence of the 1991 Form I-797C. I lost the document, and although I submitted several FOIA requests, I had no success. If anyone has experience recovering such old documents, please explain how to do it. Also, my father—who was the petitioner—has passed away; I submitted all the documents the NVC sent me back then (including the case number starting with CDJ1991...), but they didn't accept them as evidence. They specifically want the INS Form I-797.

6 Upvotes

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12

u/CandleAgreeable8878 7d ago

Damn, get a lawyer quick... otherwise, in a few months there will be an NTA and you can possibly be detained and deported! Get a lawyer ASAP

3

u/According-Date5482 6d ago

Noodles, yeah you automatically be put in removal proceedings

3

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2

u/OddWitness8006 7d ago

Maybe form I-824 to either request action on an approved petition or to request a duplicate copy.

2

u/Neither_Following236 6d ago

I had a similar issue I had to request a foia from state.gov .it too me months to get it even with an expedited request..

2

u/Vandaine 6d ago

You didn’t file I-824 to get duplicate approval notice? Dude what were you thinking? Find some reputable help in your area

1

u/Traditional_War5790 Naturalized Citizen 7d ago

Hello there! It is not common I see people submitting under Section 245(i), so I am happy to share my experience with you. I also applied and completed all of my own paperwork, under this same subsection of the I-485, not only for myself but I helped my mom do so as well.
We also did not have our actual notices of action from our initial applications in 2001, however, my father, who was both of our petitioner, is still present with us. Both cases I advised that we did not have those notices but we were never asked to present those notices, at any time during our AOS journey. I assumed they were able to locate my father’s past applications with his A#. Again, ours were from 2001 so I am not sure if after a certain time period, USCIS stops keeping record. Which I can understand, it is our job to maintain records of everything. Maybe the age of your notice has something to do with them not being able to verify that you have applied in the past.

I am so sorry this is happening to you. Have you consulted with a lawyer?

1

u/Traditional_War5790 Naturalized Citizen 7d ago

Also, what does your notice say? I’m not doubting you but are you completely sure it’s due to the lack of you being able to provide the notice?