485 Denied - please advise on next step

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soomessedup

Registered Users (C)
I have been browsing this forum for a while and I am still in shock from receiving the letter regarding my I485 application. I really need advice.

Applied for an emergency advance parole document at the local field office since I needed to travel urgently to visit a sick relative. Provided the necessary documentation including Dr's letter. Was granted the AP.

Just before my travel I received notice to appear for interview which was during my time abroad. I sent back the letter with a note (as directed) stating my reason for the visit and inability to appear for interview. The letter never asked to provide additional documentation and since the same field office had a few weeks earlier processed my AP with reason, it did not seem necessary.

Now I received a letter stating that the application has been denied due abandonment.

I quote from the letter to my husband:
"You failed to appear, or to provide a valid reason for your nonappearance. The only excuse for your non appearance is a note sent back on the excuse portion of your appointment notice from your wife stating that she would be going abroad to visit a sick relative. Neither of you provided any documentation to prove this claim. Because of this, the excuse for your non appearance cannot be considered. In light of your failure to appear for the interview, your petition is considered abandoned, and is hereby denied."

Please advice on what steps I can take to appeal this? What are my options at this point?

I have made an appointment to speak to the local field office in person- this will not be till next week.

Aparently I have 30 days to appeal and have already lost 4 days by the time of the appointment I will be down 12 days from the date of this letter.

I am trying to talk to a lawyer to get some advice but would really appreciate your feedback.

Thanks
 
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post your question in 485 issue at Texas or Nebraska center

Most of the 485 folks visit 485 issue at Texas or Nebraska center hence post there.U will get better answer.Don' get panick.Talk to your attorney.It's not a big issue.They are denying based on their perception that you abandoned the 485. You can prove that's not true as u had to travel abroad for urgency.U will have to open MTR.
Thanks


soomessedup said:
I have been browsing this forum for a while and I am still in shock from receiving the letter regarding my I485 application. I really need advice.

Applied for an emergency advance parole document at the local field office since I needed to travel urgently to visit a sick relative. Provided the necessary documentation including Dr's letter. Was granted the AP.

Just before my travel I received notice to appear for interview which was during my time abroad. I sent back the letter with a note (as directed) stating my reason for the visit and inability to appear for interview. The letter never asked to provide additional documentation and since the same field office had a few weeks earlier processed my AP with reason, it did not seem necessary.

Now I received a letter stating that the application has been denied due abandonment.

I quote from the letter to my husband:
"You failed to appear, or to provide a valid reason for your nonappearance. The only excuse for your non appearance is a note sent back on the excuse portion of your appointment notice from your wife stating that she would be going abroad to visit a sick relative. Neither of you provided any documentation to prove this claim. Because of this, the excuse for your non appearance cannot be considered. In light of your failure to appear for the interview, your petition is considered abandoned, and is hereby denied."

Please advice on what steps I can take to appeal this? What are my options at this point?

I have made an appointment to speak to the local field office in person- this will not be till next week.

Aparently I have 30 days to appeal and have already lost 4 days by the time of the appointment I will be down 12 days from the date of this letter.

I am trying to talk to a lawyer to get some advice but would really appreciate your feedback.

Thanks
Click to expand...
 
Sorry to hear this, I'm not sure what to do exactly, but are you able to get/provide proof that you actually did go to see a sick relative abroad? I would assume that you are going to need this for your appeal...
 
Not an expert on this but you need not worry.

You should file a Motion to restore with all the necessary documents and things should be fine after that. MTR should be filed with in 30 days so yes time is valuable. Do take a good lawyer.

Good Luck.

soomessedup said:
I have been browsing this forum for a while and I am still in shock from receiving the letter regarding my I485 application. I really need advice.

Applied for an emergency advance parole document at the local field office since I needed to travel urgently to visit a sick relative. Provided the necessary documentation including Dr's letter. Was granted the AP.

Just before my travel I received notice to appear for interview which was during my time abroad. I sent back the letter with a note (as directed) stating my reason for the visit and inability to appear for interview. The letter never asked to provide additional documentation and since the same field office had a few weeks earlier processed my AP with reason, it did not seem necessary.

Now I received a letter stating that the application has been denied due abandonment.

I quote from the letter to my husband:
"You failed to appear, or to provide a valid reason for your nonappearance. The only excuse for your non appearance is a note sent back on the excuse portion of your appointment notice from your wife stating that she would be going abroad to visit a sick relative. Neither of you provided any documentation to prove this claim. Because of this, the excuse for your non appearance cannot be considered. In light of your failure to appear for the interview, your petition is considered abandoned, and is hereby denied."

Please advice on what steps I can take to appeal this? What are my options at this point?

I have made an appointment to speak to the local field office in person- this will not be till next week.

Aparently I have 30 days to appeal and have already lost 4 days by the time of the appointment I will be down 12 days from the date of this letter.

I am trying to talk to a lawyer to get some advice but would really appreciate your feedback.

Thanks
Click to expand...
 
Thanks

Blessed_by_INS thanks for guiding me to the right subforum. Will repost there.

Yes I can provide proof that I travelled and a letter also if need be.
 
No reason to panic

You will have to prove that the reasons you gave for not being able to attend the interview were legitimate, in your case should not be a problem.

Let them know that
a. You had applied for AP which was approved specifically for the reason of visiting your relative.

b. If possible, have some notarized document from your relative confirming this.

c. Take along with you proof that you were out of the country when the Interview was scheduled.

d. Make sure you also have proof that you requested that your interview be rescheduled well in advance of the date. This is the most important of all.

If in doubt, talk to an Attorney. In any case I would say that you will have to file a Motion to Reopen.

Incidentally, why did you not confirm that your interview date will be rescheduled before you traveled?
 
Can you plz provide more details about ur case,
Is it EB1/EB2/EB3
Country : India/China/ROW
I140 filed and approved center??
It is really interesting to see that you are done with ur FP almost in a month.

asPapi said:
You will have to prove that the reasons you gave for not being able to attend the interview were legitimate, in your case should not be a problem.

Let them know that
a. You had applied for AP which was approved specifically for the reason of visiting your relative.

b. If possible, have some notarized document from your relative confirming this.

c. Take along with you proof that you were out of the country when the Interview was scheduled.

d. Make sure you also have proof that you requested that your interview be rescheduled well in advance of the date. This is the most important of all.

If in doubt, talk to an Attorney. In any case I would say that you will have to file a Motion to Reopen.

Incidentally, why did you not confirm that your interview date will be rescheduled before you traveled?
Click to expand...
 
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