I-485 Approved After Suing on Denial
Reddy & Neumann has obtained an I-485 Adjustment of Status approval for a dependent spouse following a lawsuit against USCIS.
In 2019, USCIS denied an application for adjustment of status (AOS) on the grounds that the applicant had failed to respond to a Request for Evidence (RFE). However, neither the Applicant, nor her attorney, ever received the RFE. In fact, the parties were not even informed of the I-485 denial. Instead, the applicant received a denial of her I-765 application for renewal of her employment authorization (EAD) card, which was denied solely because the the I-485 had been denied previously. Since the Applicant was not made aware of the I-485 denial until well after the deadline for filing a Motion to Reopen or Reconsider, the Applicant sought other alternatives.
Reddy & Neumann filed suit on this case, and USCIS agreed to allow the Applicant to file a late Motion and respond to the RFE. USCIS now has approved this I-485, granting the Applicant permanent residence.