I-485 MTR Successful with Detailed Records!
Posted Jan 25, 2008
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The Murthy Law Firm was recently successful in a Motion to Reopen (MTR) the denial of an I-485 (Application for Adjustment of Status) on behalf of one of our clients. This was thanks, in part, to excellent recordkeeping and follow-up by the client. We take this opportunity to remind foreign nationals applying for immigration benefits to retain copies of all documents, forms, and any other communication records pertaining to their immigration cases. This includes applications and communications with the U.S. Citizenship and Immigration Services (USCIS), the U.S. Department of Labor (DOL), the U.S. Department of State (DOS) or a consular officer abroad, and any other governmental agencies. This becomes extremely important and may sometimes provide crucial evidence if the immigration case is lost, misplaced, or if other problems arise. The importance of retaining documents was explained in our MurthyDotCom article, Keep Those Old Receipts. Our client agreed to allow us to share some of the details of this case, as they may prove beneficial to MurthyDotCom and MurthyBulletin readers.
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Relocation during the I-485 Stage
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This particular client contacted us for a consultation, after the I-485 Application for Adjustment of Status had been denied. The Murthy Law Firm had not represented him in the initial I-485 filing. This was an employment-based case for the applicant and spouse, based upon an approved I-140 (Immigration Petition for an Alien Worker). While the I-485 application was pending, the family moved. Following proper procedures, as described in our January 11, 2008 MurthyBulletin article Non-U.S. Citizens Must File Change of Address with USCIS, available on MurthyDotCom, the applicant promptly filed the AR-11 and other communication to notify the USCIS of the change of address.
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I-485 Applicant Submitted Complete Copy of Case Record
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Our client retained evidence of the change-of-address notification in his personal records. In addition, both client and spouse kept all documentation that was ever submitted to and received from the USCIS. The couple complied with all requests from the USCIS, such as fingerprinting appointments and requests for evidence. The applicant learned about the denial of his application only after he sent an inquiry to the USCIS regarding case status. In response to the inquiry, the USCIS indicated that "your case was denied and the denial decision was mailed to you." Because the applicant never received a denial decision, it was impossible to determine any ground for the denial.
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Motion to Reopen I-485 Successfully Filed by the Murthy Law Firm
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The Murthy Law Firm filed an MTR specifically stating that the reason for the denial was unknown. We argued that the applicants had not received any Requests for Evidence (RFEs) or Notices of Intent to Deny (NOIDs), and that the USCIS had been properly notified of the address change. We argued that, in the event an RFE, NOID, or other notice had been issued and not responded to, it would be due to a failure of delivery, and not to any abandonment of the case or oversight by our client. The detailed records of our client's case follow up and compliance with fingerprinting appointments, as well as other requests, were used to demonstrate ongoing, active pursuit of the case by our client. We submitted detailed and complete documentation from the applicant's file, which served as evidence that he and his spouse made every effort in good faith to comply with USCIS requirements. In response to the MTR, the USCIS reopened the applicant's and his spouse's cases in record time, and indicated that they had proved their eligibility for adjustment of status to legal permanent residence. (The cases could not be approved, as the priority dates was not current.) 
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Conclusion
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Regardless of how unimportant a document or filing may seem in the overall scheme of things, it may serve as a crucial piece of evidence if one's immigration case goes awry. The simple habit of diligently maintaining good records may enable one to win the case without having to provide a sophisticated legal argument in some specific circumstances. For this reason, we at the Murthy Law Firm encourage all foreign nationals to make and retain for their own protection copies of their immigration documents, filings, and contact information by keeping them in an organized fashion, so that they are easily accessible when needed.