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View Full Version : Why worry about missing/incomplete documentation for early july 485 filers?


prakgc
07-26-2007, 07:21 PM
Folks,
I would like to know how true my logic is here.

Current NSC processing date for 485 - Aug 20th 2006
TSC - Aug 8th 2006

This means that applications received in July 2007 will not even be processed for a long long time to come.(upto a year) i.e for an adjucator to say that "hey this petition is incomplete" , i better RFE it OR deny it.

Hence any of us who have submitted incomplete documentation/forms should be fine since we will almost have one year to send updated evidence like BC's,G325A's etc .. after receiving the RN, incase we did not send them complete...initially.
ofcourse the assumption here is that the evidence we are missing in the application is not as serious as a incorrect filing check or missing signature...
but hopefully any other issues should almost be caught at the time of "processing the case" as against the time of "receipting" the case.

Gurus any comments..?

abhijitp
07-26-2007, 07:46 PM
[QUOTE=prakgc]Folks,
I would like to know how true my logic is here.

Current NSC processing date for 485 - Aug 20th 2006
TSC - Aug 8th 2006

This means that applications received in July 2007 will not even be processed for a long long time to come.(upto a year) i.e for an adjucator to say that "hey this petition is incomplete" , i better RFE it OR deny it.
Ok, but if it is denied A YEAR FROM NOW, the PD may not be current, and if so, you cannot re-submit your AOS application.

Hence any of us who have submitted incomplete documentation/forms should be fine since we will almost have one year to send updated evidence like BC's,G325A's etc .. after receiving the RN, incase we did not send them complete...initially.
Yes, may be able to send updated evidence quoting your receipt number. This is the least one should do. But in the mess that it currently is, who knows if and when they process the evidence that was sent much later after the AOS?

ofcourse the assumption here is that the evidence we are missing in the application is not as serious as a incorrect filing check or missing signature...
but hopefully any other issues should almost be caught at the time of "processing the case" as against the time of "receipting" the case.

How do we know something that was supposed to be sent as initial evidence is NOT important?
I actually called a high profile ($200 per 15 minutes) lawyer to discuss this issue. He told me that he would re-submit the AOS. The comparison to the medical clearance requirement, according to him, was pointless, as they are two different things. If USCIS issues a statement they will not reject solely based on a thing such as EVL, then we can assume that is the truth. Their statement on Medical clearance cannot be interpreted to say they won't reject on the basis of another missing requirement, say the EVL. Filing two AOS packets can indeed also cause confusion, but it is a smaller risk according to him, and should be mitigated by a covering letter that says you are re-submitting to provide the XYZ document that was missed from the first packet. Based on this info, I have asked my lawyer to get a confirmation from the USCIS on the document that he missed in my case-- the EVL. If USCIS okays that, we do not resubmit. If they don't do that within a week, I will try to re-submit... not going to be easy considering my lawyer may not be in agreement... but that is what would be the correct way out of this, according to the second opinion I got today. Hope this helps! Thanks!