DENIED - What to do now?

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cpals

Registered Users (C)
My wife's brother filed a I-485 with his wife who is a citizen in order to become a legal resident. He got a Denied letter stating that he never sent some 1040s and therefore has been denied. At the bottom of the letter it says:

If you fail to depart from the US, proceedings will be instituted to enforce your departure. You may renew your application for status as a permanent resident during such proceedings.
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What does this mean? Can he file an add-on or something to start the process back up? Does he have to start the filing process all over again and pay the fees again?

Is he being deported? From the wording, I wasn't quite sure what it meant. Also, I don't know if they did or didn't send the 1040s or why they might not have.

Thank you!
 
cpals said:
What does this mean? Can he file an add-on or something to start the process back up? Does he have to start the filing process all over again and pay the fees again?
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Most likely. They can try a motion to reconsider, but I am unsure how successful it might be. This is probably a good time to consult an attorney.
 
Nairobian said:
Take heart, america is not heaven my friend. Leaving might be the best thing that could have happened to the person whose app was denied.
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Normally I don't say anything and just read, but seriously, get over it. Some of us are so incredibly grateful every day to be here with our loved ones, people like me who came from a beautiful country, that I love but I don't take being here with my husband for granted. You must have way too much time on your hands. If you don't like it, get out. The US would be better for it in my opinion.
 
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That means he will get deported. I doubt it was only for missing forms. If that was the case, he wouldve received a RFE or something.

I guess he did something he is not saying and good riddence as the united states does not need any more criminals.
 
TechGuy27 said:
That means he will get deported. I doubt it was only for missing forms. If that was the case, he wouldve received a RFE or something.
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There's also the possibility that he never received the RFE. He isn't the first or the last person to never receive an RFE, biometric appointment notice or interview notice.

I guess he did something he is not saying and good riddence as the united states does not need any more criminals.
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You should not make assumptions like this. I would not want to be in a situation where I needed help and have someone accuse me to deceit and criminal activity with no basis, especially when our OP has indicated the basis for the denial.
 
TechGuy27 said:
That means he will get deported. I doubt it was only for missing forms. If that was the case, he wouldve received a RFE or something.

I guess he did something he is not saying and good riddence as the united states does not need any more criminals.
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Wow, talk about being arrogant and ignorant...

They did receive a RFE for his wife's 1040s and they said that they did send them, but apparantly they never got to their destination or the USCIS lost them.

Thank you for your time.
 
cpals said:
Wow, talk about being arrogant and ignorant...

They did receive a RFE for his wife's 1040s and they said that they did send them, but apparantly they never got to their destination or the USCIS lost them.

Thank you for your time.
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Was the response to the RFE sent using Certified Mail / FedEx / UPS? That serves as proof that the applicant did respond to the RFE.
 
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