USCIS to Allow Certain I-485 Derivative Applicants to Re-file Rejected Applications

In the wake of the rush of I-485 filings in October 2020, reports began to surface of the U.S. Citizenship and Immigration Services (USCIS) rejecting many applications filed by derivatives. Specifically, the USCIS rejected these applications for leaving boxes 3.a. and 9 blank in Part 2 of the I-485 application. These two boxes are used to indicate that the I-485 is filed based on an I-140 petition, and seem to apply only to the principal applicant. However, the USCIS took the position that derivative applicants are required to put the principal applicant’s information in these boxes.

The USCIS has now notified the American Immigration Lawyers Association (AILA) that it will be contacting applicants whose cases were rejected to invite them to reapply. No further details have been provided.


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