1S, Dorset of Home Secu September 30, 2019 US cig isin ern S.A VP O8479 US, Citizenship and Immigration Services JASON M FINCH JASON FINCH & ASSOCIATES: 260 REGENCY PARKWAY DRIVE STE 220 WIN OMAHA, NE 68114 EACI801150302 RE: ELIZABETH MARINA HERNANDEZ 1485, Application to Register Permanent Residence or rH Adjust Status ‘A089-835-696 DECISION Dear Sir/Madam: On October 5, 2017, you filed a Form 1-485, Application to Register Permanent Residence or Adjust Status to adjust status under section 245(t) of the Immigration and Nationality Act (INA). You have not established your eligibility and U.S. Citizenship and Immigration Services (USCIS) cannot reach a favorable decision, ‘Therefore, your Form 1-485 is denied. USCIS has made findings of fact, conclusions of law, and where appropriate, discretionary determinations. A. detailed explanation follows. Applicable Law Section 245(m) of the INA, as amended, requires that the applicant must show that; 1. He or she was admitted to the United States ¢s a nonimmigrant under section 101(8)(15)(U) of the Act; 2, He or she has been physically present in the United States for a continuous period of at least 3 years since the date of admission as a nonimmigrant under clause (') or (li) of section 1Ola\(ISXU); 3. He or she has not unreasonably refused to provide evidence in a criminal investigation or prosecution; and 4, His or her continued presence in the United States is justified on humanitarian grounds, to censure family unity, ois otherwise in the public interest. In addition 8 CFR 245.24 sets forth the particular eligibility requirements and application procedures for adjustment of status under Section 245(tm) of the INA, In pertinent part, 8 CFR 245.24(d)(9) requires applicants to submit: Evidence, including an affidavit from the applicant, that he or she has continuous physical presence for at least 3 years as defined in paragraph (a1) ofthis section, Applicants should submit evidence described in 8 CFR 245.22. wtProcedural History ‘The initial filing of your Form 1-485 did not contain several pieces of required evidence, inefuding the following: # An incomplete Form 1-48: + Copies of all pages of your passports that have been valid during the period you have been in U ‘nonimmigrant status; ‘* Evidence in support of an exercise of diseretion; ‘© A valid Porm 1-693, Report of Medical Examination and Vaccination Record; and + Statement of your continuous physical presence. ‘Therefore, USCIS issued a request for evidence (RFE) on June 19, 2019, requesting you provide the issing documentation required to process your Form 1-485, and also to provide an explanation to discrepancies inthe record regarding your arrest(s), On September 4, 2019, USCIS received your RFE response. USCIS acknowledges receipt of the following documentation: «Response to missing questions on the Form [-485; ‘+ Copies of all your passports that have been valid during the period you have been in U nonimmigrant stats; ++ Explanation of discrepancies in the record regarding your prior arrest); ++ Evidence in support of an exercise of discretion, Analysis and Conclusion You did not submit a swom self-affidavit attesting to your continuous physical presence in the United States for atleast theoe years since your admission as a U nonimmigrant. Instead, you submitted the addresses where you resided in the United States, Having an address in the United States is not indicative of your physical presence in the United States, You did not attest in a sworn self-affidavit that you were physically present at the addresses noted for three years continuously since your admission as a U nonimmigrant. USCIS considers your partial RFE response to be a request for a decision based on the record as per 8 CFR 103.2(6X(11), Because you have not submitted the proper documentation as required by regulation, USCIS is unable (o reach a favorable decision on your Form 485. In view of the above, your Form I-485 is denied. Except where a different standard is specified by law, « petitioner or applicant in administrative immigration proceedings must prove by a preponderance of evidence that he or she is eligible for the bonofit sought. Maiter of Chawathe, 25 1&N Dee. 369, 375 (AAO 2010). Ifyou disagree with this decision, or if you have additional evidence that shows this decision is incorrect, you may file a motion or appeal of this decision by completing a Form I-290B, Notice of Appeal or Motion, You may also include a brief or other written statement in support of your appeal. ‘The appeal must be filed within 33 days from the date of this notice. If an appeal or a motion is not filed within 33 days, this decision is fina, ‘You must send your completed Form 1-290B and supporting documentation with the appropriate filing fee to:USS, Citizenship and Immigration Services Vermont Service Center 75 Lower Welden Street St. Albans, VP 05479 To obiain the Form 1-290B, visit woww.uscis.goviforms, For the latest information on filing location, fee, and other requirements, refer to the Form I-290B instructions; review 8 CFR 103.3 or 103.5; call ‘our USCIS Contact Center at |-800-375-5283; or visit your local USCIS office. OVERSTAY WARNING The evidence of record shows that, when you filed your application, you were lawfully present in the United States, Your potiod of authorized stay has expired. You ate not authorized to remain in the United States. [f you do not intend to file a motion on this decision and fail to depart the United States within 33 days of the date ofthis leter, USCIS may issue you a Notice to Appear and commence removal proceedings against you with the Immigration Court, ‘This may result in your being removed from the United States and found ineligible for a future visa of other U.S. immigration benefit. See sections 237(a) and 212(a)(9) of the INA. To review information regarding your period of authorized stay, check travel compliance, or find information on how to validate your departure from the United States with Customs and Border Protection (CBP), please see (hitps:/fi94.cbp.dhs.gov/l04/#/home). Sincerely, f 7 Laura B. Zuchowski Director