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Posted on 16 Apr 2009
Q.

I-539 Denied w/o RFE, because of original I-94 is not submitted.

Denial:To request a change to F-1, you must submit : Original I-94, Original I-20 Your ability to pay for your studies. Because the applicant failed to file the I-539 application with all initial evidence required by regulation or by the instruction of the form, denied.(Original I-20/Documentation to show ability to pay for studies are submitted) Denied w/o RFE…. To file I-290B to this denial, what legal ground to say “You can’t just deny bec’se of one of the required document, we will submit now”? What I am thinking 1) When instructions are conflicting, it can’t be interpreted to the disadvantage of the beneficiary 2) You can not deny just because some minimal documents are missing at time of submission (they did not even ask for Originals, denied without RFE) 3) Your opinion?

User's Location: Atlanta, Georgia, United States of America
Category: General Immigration
Posted on 16 Apr 2009
A.
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Indu Liladhar-Hathi
Immigration Lawyer
Indu Liladhar-Hathi
(408) 453-5335

www.indulaw.com

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