Q: It is possible to reopen my AOS, after been denied for not sending evidences?
Im from Venezuela. Here with a R-1 visa. I left on 2005 to renew my passport but found problems and came to mexican border to ask for admission. They waved me in without visa.
In 2017 i visited Vermont canadian border and they returned me to the US POE but they didn't speak spanish and made me answer question that i didn't know.
Also, they made me sign bunch of papers in English. My son petitioned me, and we send the AOS in 2019 with USCIS. They asked me to close court and send the letter to them.
My court was closed and i send the letter from court to USCIS. They asked for documents and we submitted almost everything but now they sent letter denying it because i didn't submit anything?. Telling me my EAD and Advanced Parole are revoked, and i have 18 days to prove my case is still pending. Also, that I'm illegal? (i applied for TPS and i traveled and was paroled in). They also said i could send a I- 129B in 30 days if I think is an error.
Should i send it now? To save EAD?
A:
If your Adjustment of Status (AOS) application was denied due to missing evidence, you may have the option to file a Motion to Reopen or a Motion to Reconsider with USCIS, typically using Form I-290B. This motion should be filed within 30 days of the decision and should include any new, relevant information or evidence that was not initially submitted. It's important to clearly explain why the required evidence was not provided and how it substantively affects your case. Since your Employment Authorization Document (EAD) and Advance Parole have been revoked, filing this motion promptly is crucial to potentially preserve your status and work authorization.
Given the complexity of your immigration history and the recent denial, it would be advisable to consult with an attorney experienced in immigration law. They can provide specific guidance based on the details of your case and help ensure that your motion is as strong as possible. Remember, the success of such motions depends on the specifics of each case and the evidence presented.
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