anyone with I-485 denied? and reapplied?

RubyR

Registered Users (C)
Hi, I would like to know, if there has been anyone whose I-485 has been denied and they have reapplied to i-485. I have this situation and I would like to know how you did. Thanks
 
Well...

well mine was denied because supposely they sent fingerpritns appt to me, but I never got it. I went to see an immgr. officer and she told me to send a letter to uscis, but I never got any response. I also spoke to uscis on the phone they said it was too late to appeal so I'll reapply. in the form I-485 in the part where they ask if I ever applied before Iput yes "filed 5/2002 place: ny decision: denied (uscis sent fingerprints letter but I never got it)" that's what I put. Waht do you think? But my I-130 was approved though so I think its not that bad.
 
HI Johnny, i am writing to get some guidance on an I-485 petition i filed for my wife. I had originally filed an I-130 back in 10th December 2001 for my wife as an LPR. My wife came to the United States on a Visa waiver program from the UK.

To make the long story short because of a number of reasons my wife
overstayed her Visa waiver and has been in the States ever since.

Now, in April of 2005 we got an approval notice for I-130 and it said she was eligible to adjust her status in the United States as she was living in the States already. At the time i was an LPR so we still needed to wait for the priority date to become current, which we did. Finely in November of 2005 the priority date become current.

In January of this year we filed her I-485 based on a approved I-130 and the priority date being current. The lawyer we had pushed us to file and said that priority date being current trumps the fact that my wife had overstayed. Anyway we went ahead and filed, it was accepted by the service center, and in February my wife had her fingurprints taken. A few days later her employment authorization was also approved, and she received her employment authorization card.

Now, on March 21st 2006 i was also sworn in as a naturlized US citizen. I guess my concern now is that we sent in the I-485 my wife was out of status and had come on a visa waiver and was techanicaly not eligible to apply for I-485. Also, at the time of filing i was still an LPR. My question is even though we filed based on the fact that her priority date was current and that I-130 was also approved, do you think that they will deny her I-485 when we go to the interview since she was out of status when we applied and was married to an LPR at the time of filing?. Of course at the time of the interview i will be a US citizen and she also had her employment authorization approved.

Do you think they will deny her application based on that? Or we should be OK since am a US citizen now. Do you think we should file another I-485? Can you even have two family based I-485 filed at the same time if you put the same A number on the second I-485 that you recieved on the notice when you filed the first I-485?

I have talked to alot of lawyers and some say that since i am a US citizen now and will be at the time of the interview they should approve the application. Then there are some that say no they file deny the application because i was still an LPR and my wife had overstayed her Visa Wavier at the time of filing. They had also mentioned that she will never get employment authorization and they will put her in deportation proceeding. Thank God that never happened, the application was accepted and employment authorization was also approved.

I did the !-800 number to ask them upgrade my wifes case but was told that i didn't need to do that because at the time of filing my wife's priority date was already current. I mailed them a copy of the certificate anyway and made an Info-Pass appointment but they didn't accept the papers over the counter. I did find out that they file is still at the service center and that all security checks are complete. He said as along as i have mailed in a copy that should be fine.

In your opinion do you think i should go ahead and file another I-485 or do you think we should be fine from what i have mentioned?

Thanks for your help, your advise is always appriciated and its nice to you back again. i look forward to hearing from you.

Regards

HRH
 
my denial notice has a date of nov 2005. But I was told that because it was more than 30 days then I couldnt appeal the denial, you are the first person that tells me that I can do this within one year. I really appreciate your help, you seem to know more about this. So, What do I have to so to a motion to reaopen. Thanks, :confused:
 
Thanks so much..
I actually sent a letter explaining my situation and it was addressed to the highest person.. it was the director or the person who sent me the denial. I think that could indeed be considered to be a motion to reopen. But I think what Im going to do is to persue this motion to reopen in person in the office here in NY. Is there anywhere in the uscis website where it says that I can file a motion to reopen within one year? Would thye really listen to me if I send this motion to reopen? Thanks
 
Johnny, thank you so much, you have no idea how worried i was about this issue. I have already sent them a copy of my naturalization certificate but have not recieved a confirmation yet.

I wanted to also thank you for all your help that you provided in the other forum, as you can see, i am a citizen now :) I am not sure why you stopped going there but your help and advise has always been worth more then any lawyer can provide. It's nice to see you in this forum from time to time.

People that have been helped by you in this forum and others know how much it means for them to you have help them. Its never easy getting an honest advise from a lawyer. I know your help has meant alot to me.

I can truely say that everything you have said has been right on the money, and your honest and open adivse is very much appriciated. I know it has been a source of comfort to me personaly and am sure to others also.

Thanks again for everything, i really appriciate it more then you can imagine. I hope all is well with you.

Regards

HRH
 
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My I-485 was denied because we failed to submit the documents asked in RFE (they asked for a new medical, my husband called them and said I had a medical within that year already, they said ok then don't worry about it and just send in the vaccination supplement, that's what we did and aos was denied because apparently they did want the whole medical...). I was able to reapply, waiting for my interview now.
 
JohnnyCash said:
One can re-file I-485 even though it was denied in the past. Past denial won’t influence a decision on a new one but past denial MUST need to be disclosed on Form I-485 as this form does ask about it.

However, the chances of being approved on new I-485 would depend WHY it was denied last time. Because if it was denied because of some medical situation then you could re-file when medical condition has changed to satisfactory. If it was denied because you abandoned it for whatever reason or USCIS has closed the case for Non-Appearance on interview, then you can reopen the same case within a year of closing it. But if it were denied because of lying to govt. or being ineligible because of some other grounds like involving in prostitution or etc, then you would need to file waiver.

In order to get right help, you need to disclose why it was denied and when.

Good luck.

Can you explain the "waiver" for me please. What types of "waivers" are available for people in situations like this. The courts will grant this (waiver) or any immigration officer can do this. Because I was told by a lawyer that once you lie to the gov't or commit a crime such as murder, prosititution, or, marriage fraud, etc, you will be deported and can never return to the US again.
 
Hi,

My I-485 got denied due to abandonment in Aug 2015. I am a Canadian Citizen and I went to visit my family in Canada without seeking advance parole. Is it better to apply for I-290B Notice of Appeal or Motion or would it be best to re-submit a new I-485 application? Also, is my EAD still valid now that the I-485 is denied? I just received an employment offer letter and I'm unsure of whether I can accept it or not. Please help me with these questions.
 
You would have better chance of replies if you opened a new thread.

You need to reapply. The original petition is deemed abandoned.
I think your EAD is void as well but verify with others.
 
Hey johnnycash, or anybody.

Hey johnnycash, or anybody,

Due to no fault on our own, On January 23 of 2015, USCIS requested that her and I appear for an interview about our application for form I-485 in 27-35 Jackson Ave. USCIS 2nd floor, Long Island City NY 11101. On the day of the arrival, as we approach the building, we noticed that the building was closed due to a flood. We was puzzled as to what would should do next, because the sign that was posted outside for Interview dates did not have our interview date. At the same time and date, I had called USCIS to speak to them about my situation. One of the officers on the phone told me I can either try to make it to Federal Plaza, which is were everyone is being routed to, or she would take note, and just reschedule us for another interview. I opted for a 2nd interview, because 2 days before our interview, my wife was hospitalized. I knew this was an important day, but giving that we were in Queens, NY, and Federal Building was One hour and Half away, I didn’t want to jeopardize my wife’s health, because Two days prior to our initial interview she was hospitalized, and went through blood transfusion due to her hemoglobin level being so relatively low, that it was life threatening. With the advice of the Doctors, they did not want to discharge her yet, because her hemoglobin level was still at 8.5 after the blood transfusion, but I explained to them that in 2 days we have an important interview, so they understood, and discharged her so she can rest at home, and continue medications there. The immigration officer on the phone understood my situation, and notified me that they will reschedule my wife and I for another interview.


Months go by, and we still haven’t received another letter for another an interview. We called so many times, and we have service request number to back up our claim. On June 23, we received a letter saying our form I-485 has been denied. We are shocked as to why this happened. We have tried everything to have another rescheduled interview, but we never received any. On June 29, I spoke to officer Chambers in Los Angeles Field Office, and explained my situation again, and advice me to write a letter explaining everything, and to send over any evidence that I have to back up my claim. I did as I was told, and still haven't heard anything back yet. I know that it has been more than 33 days and I know that I was suppose to file a I-290b or something to reopen my case. But I was told that wouldn't really be necessary because this wasn't our fault.

Please can anyone shed light as to what I should do next. I also scheduled for an appointment to meet with an immigration officer for September 10. So please anyone. I will post the sign that was outside of the building. Thank you image.jpgimage.jpg
 
Hi johnnycash,

Thank you so much for replying . we did contact them so many times. Twice a month and they keep saying they will make a note of it and we will get a letter in the mail. And when on our interview date, I called them outside while standing outside of the building . And they did say to not worry about it, that they will reschedule . We never received anything. I understand it's history, and looking back at it I know I could of done more. But I guess I went in a blank mode. I've never done this before you know. Go through the whole process of getting a GC. So, I thought after I called and they said they will reschedule us anyway, I thought that was fine. If I knew then what I know now I would of done things differently.

Also, my wife's work authorization card is about to expire in November , can I renew that? Is my wife's I-485 status denied or still pending?

Is it true that you won't be able to renew if I got denied ?

Thank you so much johnnycash
 
Applied in 2011 for i485
Pending still now its been 4 years
Based on husband coming into usa on tourist visa, we got married, i applied for him.
At the interview we had no kids. After interview we had kids but uscis was not notified about this so dont know if they should be informed. Also i what to do to get the case moving or a decission. They are not replying us in phone or email or info pass. If they reply its the same messege pending background check.

Also in ur first msg u said But if it were denied because of lying to govt. or being ineligible because of some other grounds like involving in prostitution or etc, then you would need to file waiver.
What do u mean by prostitution, lying and waiver? What is a waiver
 
Hey johnnycash,


So, we did attend our info pass for September 10, and the officer or agent had us write a request letter. A letter of explanations on everything. Months go by and we didn't hear anything. We made another info pass for today, November 24 and was told that it's been denied , so is our i-130. Also, before I forget, when we went for our September info pass, I asked if my wife should or could renew her ead, and was told, that it would be okay aways. So we did. We received a letter for more evidence, and one of them would be for ds-2019. I don't know what that is and I've never filed for a ds-2019. My wife came here because her dad was working for a UN and her visa status was A2, and it changed to G1. I've done some research and ds 2019 is only for exchanged students or for work related applicants, which doesn't apply to us. I mean from this point, I know that would be denied now. My question is, what would be the quickest way. My wife is still currently working, and I'm not sure her employer doesn't know that her ead has been expired since the 4th of november. And since we just had an affirmative answer that everything has been denied, what should we do next? My wife and I don't mind waiting for another interview date, long as we know it's pending. We really just wanted that ead to be valid. Please anyone, or Johnnycash, what would your advice be? If I were to file for a new applications, can I do it myself because I was thinking of hiring an migration lawyer as to giving me some guidance in filing up the applications. As, we had help filing it up. If it is possible to do it ourselves, can I just use the same Information on the old application? Please help

Thank you
 
Hey jonnycash,

I have been reading your post and it gives me some hope! My question is what you suggest is the next step for me and my husband. I am a US citizen and my husband i-485 was denied because i could not show support of affidavits. Now after our denial my mother said she can help us with support . however its been denied and i do not know what to do. I was not working due to high risk pregnancy and was not working in the states for over three years that why i could not show proper support. now i am working for the past three months . am i now able to support my own husband. i make enough under-the poverty line. should we start over or file the motion to reopen.
Thank you so much for any advice :)
 
hello jonnycash
i have been going throught the comments on the forum,, its indeed helpful!
applied i 485 06/2010
finger print 07/2010
interview 10/2010
Notice of intend to denial 12/2010/ response request
12/2010 response received
i 485 pending till date,, online status says request for evident received by USCIS
till date got i 485 pending, gotten 4 EAD, 2 travel documents.
i have done several info passes and called the customer call,, getting same generic message, background need to clear before a decision can be made about the application
10/2015 i did an FIO request from USCIS only to find out that the Immigration Officer lied on my application that
she made a decision on the case 2011, and that i was notified in writing and given 30 days to appeal but i did not appeal
No date or Signature to on the claim decision
FBI background check cleared since 11/2010. but she wrote none/unknown in my file. At the same time when status request is made she sends awaiting background
 
Hi my name is joe, I applied for green card in 2014 with my wife who is a US citizen who I met here while studying and we were asked to provide request for evidence after the interview. We did submit the RFE within 30days after the interview. And our case was pending up till 2016. Last month we got a notice to denial and also accusing our marriage as fraud. We got an attorney to help defend us but even with that we got denied and still with the accusation of marriage fraud. It is very heartbreaking this is happening please what can you advice is to do. I still want to stay here with my wife, I don't want to lose her but the lawyer said even after filing for appeal that nothing is promised which means I risk the possibility of deportation. Please what can we do?
 
Hy I have my children I 485 denied because we failed to submit evidence of the petitioner's current income. It was sent partial response. Now I have the option to file motion to reopen with 30 days. How I will do it? I don't see any example of brief here. Help me, please.
 
Hello there,

My I-130 has been approved since 2015, and then have applied for I-485 but due to lack of knowledge I left the US without travel documents because of some family emergencies. USCIS has asked to come for an interview but I was not able to attend as I was out of the US. Mean time my visitors visa got expired and I have applied for a visiting visa several time to get back to the US but my application was rejected due to my ongoing I-485 application.
It has been more than one year since I abondened my interview. My partitioner is my husband but he is not willing to help me to get it reactivated again. What can I do in this situation? Any information will be highly appreciated.
 
Hello there,

My I-130 has been approved since 2015, and then have applied for I-485 but due to lack of knowledge I left the US without travel documents because of some family emergencies. USCIS has asked to come for an interview but I was not able to attend as I was out of the US. Mean time my visitors visa got expired and I have applied for a visiting visa several time to get back to the US but my application was rejected due to my ongoing I-485 application.
It has been more than one year since I abondened my interview. My partitioner is my husband but he is not willing to help me to get it reactivated again. What can I do in this situation? Any information will be highly appreciated.

I don´t think there is much you can do at this point and probably a new application will need to be presented. Probably others with more experience will share their point of view as well.
 
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