USCIS Texas Service Center Addresses I-485 Application Rejection vs. Acceptance With RFE.

The Texas Service Center (“TSC”) has issued guidance on the type of omissions that would lead to a rejection, or the acceptance and issuance of an RFE, for a filed employment-based I-485 adjustment application.

The TSC will accept, but issue an RFE, where an I-485 application is missing the following:

  • Missing attorney signature on Form I-485 or G-28.
  • Missing Form G-325.
  • Missing photos.
  • Missing employer job offer letter.
  • Missing medical exam.
  • Missing copy of birth certificate.
  • Missing English translations.
  • Missing current passport copy.
  • Missing I-485 Supplement A.

The TSC will outright reject an I-485 filing whenever the application is:

  • Missing the applicant signature on a Forms I-485, G-28, or G-325.

From AILA-TSC Liaison Teleconference (Sept. 17, 2007) (AILA Doc. No. 07100965).

As you can see, to avoid a rejection of your I-485 adjustment filing, it is imperative to have signed all forms and that forms with original signatures are submitted (preferably in blue ink). This guidance comes into play when it is essential for an I-485 AOS application to be received by the USCIS by a certain date, e.g., as in the recent I-485 filing rush in August this year. Even if an RFE is issued, the application is still considered received for purposes of any filing deadline.

Green CardBrian D. Zuccaro, Esq.