458-denied
Registered Users (C)
I am in a strange situation I got my GC but my wife’s got denied.
My Wife’s 485 got denied for missing finger print records.
My 485 got approved on May 2005 and got plastic card on July 2005. I am the primary applicant and case was file on EB2 category.
LC priority date is Jan 2002.
On May 2005 my wife’s 485 got denied saying that USCIS could not found her finger print records?
In fact she fingerprinted on March 2005. I verified with FBI, according to them they forwarded the FP records on the same day to USCIS.
Looks like system error caused the denial.
Denial notice has following description
“Notice of a fingerprint appointment scheduled for February 15 2005, was mailed to the applicant.
This office has no record that he/she appeared for fingerprinting as requested. Accordingly, this
Application is deemed abandoned and denied under 8 CFR 103.2(e)(3).
The decision on your application may not be appealed. However, you may file a motion to reopen,
In accordance with 8 CFR 103.5. This motion may be filed without a filing fee.
Denial of your application is without prejudice to the filing of a new application with a new fee.”
My attorney filed MTR on June 10th 2005 and so for we have not received any receipt for that.
Attorney did not use any form (like I-290) He filed a letter with attached proof of finger print
stamping. There is no filing fee added to it.
Now she is using EAD (I think which is no longer valid) which is going to expire soon (on Nov 2005).
Now her MTR is still in pending status. According to my attorney her EAD is not valid until re open the case.
I have following questions.
1. My question is Can we file new I-485 before September 30 2005 (before retrogression starts) as a backup?
2. Her new I-458 going to be employed based or family based. I am the primary applicant and I already got my GC.
3. If MTR reopened and got approved, what is going to happen to other I-485?
can we withdrawn the newly file I-458?
4. Can we file EAD, AP along with new I-485?
I appreciate your help
My Wife’s 485 got denied for missing finger print records.
My 485 got approved on May 2005 and got plastic card on July 2005. I am the primary applicant and case was file on EB2 category.
LC priority date is Jan 2002.
On May 2005 my wife’s 485 got denied saying that USCIS could not found her finger print records?
In fact she fingerprinted on March 2005. I verified with FBI, according to them they forwarded the FP records on the same day to USCIS.
Looks like system error caused the denial.
Denial notice has following description
“Notice of a fingerprint appointment scheduled for February 15 2005, was mailed to the applicant.
This office has no record that he/she appeared for fingerprinting as requested. Accordingly, this
Application is deemed abandoned and denied under 8 CFR 103.2(e)(3).
The decision on your application may not be appealed. However, you may file a motion to reopen,
In accordance with 8 CFR 103.5. This motion may be filed without a filing fee.
Denial of your application is without prejudice to the filing of a new application with a new fee.”
My attorney filed MTR on June 10th 2005 and so for we have not received any receipt for that.
Attorney did not use any form (like I-290) He filed a letter with attached proof of finger print
stamping. There is no filing fee added to it.
Now she is using EAD (I think which is no longer valid) which is going to expire soon (on Nov 2005).
Now her MTR is still in pending status. According to my attorney her EAD is not valid until re open the case.
I have following questions.
1. My question is Can we file new I-485 before September 30 2005 (before retrogression starts) as a backup?
2. Her new I-458 going to be employed based or family based. I am the primary applicant and I already got my GC.
3. If MTR reopened and got approved, what is going to happen to other I-485?
can we withdrawn the newly file I-458?
4. Can we file EAD, AP along with new I-485?
I appreciate your help