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rasada

On H4-EAD but I-485 is rejected. How to maintain status?

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Hello,

 

Hope this find everyone doing as best as they can. I am in a very unique situation. I am the primary applicant for an employment based I-485 which was recently approved. However, my wife's I-485 was rejected for the reason of missing Birth Certificate and our inability to submit a Non-availability of Birth Certificate (NABC) in time. The RFE for the NABC was received in Jan 2020 and we have been trying since then - the COVID-19 pandemic has been a road-block. 

My wife has a H4 EAD valid till June 2021. However, now that my GC is approved (I was on H1B) and her I-485 is rejected, does anyone have any advice related to how best to handle her case? I see the following options- 

1. Hire independent attorneys and appeal to USCIS to keep the case open - not even sure this is possible.

2. As soon as my GC arrives, apply for a F2A Green Card (marriage based) and hope to get the NABC in time to get the F2A approval. 

3. Write a letter to a Senator appealing for help on the case.

4. Work on getting the NABC and later on file a Motion-to-reopen her original I-485 case with the NABC documents.

 

WE submitted all kinds of secondary evidence (Affidavits, school certificates etc) in lieu of a birth certificate. But USCIS rejected all that evidence and is asking only for the NABC. 

 

While on this topic, we would appreciate any guidance someone can give for acquiring a NABC from the state of Andhra Pradesh. We don't have any political and/or bureaucratic connections which could be of help. We are hoping to acquire a NABC through the appropriate channels and be able to get my wife's I-485 approved. Any help will be highly appreciated. 

 

Thank you

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