A green card applicant filing their I-485 through marriage has received a confusing RFE. USCIS has asked for their children’s school transcripts, registration records, and admission applications. The agency wants documents from 2023 to the present.
Serious concern for the applicant
The applicant is already worried because they are on visa overstay. Their case is sensitive. They entered on a B1 or B2 visa and enrolled their children in US schools while caring for their partner who was undergoing cancer treatment.
Why USCIS asked for school records
Enrolling children in US schools while on a B visa is viewed as a violation. Experts said USCIS may be checking if this action amounts to alien smuggling. The request also hints at a possible review of immigrant intent during the applicant’s time on a B visa.
Possible outcomes
If USCIS believes the applicant had immigrant intent, the I-485 can be denied. Experts have advised immediate legal help. A lawyer must respond to the RFE and explain the circumstances behind the school enrolment.
High stakes for the family
The applicant’s future now depends on how the RFE is handled. A denial can lead to deportation. This would separate the applicant from their husband, who is still battling cancer.
