Help !! I-485 Denied

thanks akatu

I got an RFE initially for missing document, then we filed and ammendment ETA750b, then they rejected because of some error in the ammendment we filed.USCIS asked us to file an appeal with form 290b within 30 days with necessary evidence.Do you have any idea how long they take to give us a decision on our appeal.
Thanks
 
unluckyme said:
I got an RFE initially for missing document, then we filed and ammendment ETA750b, then they rejected because of some error in the ammendment we filed.USCIS asked us to file an appeal with form 290b within 30 days with necessary evidence.Do you have any idea how long they take to give us a decision on our appeal.
Thanks
Click to expand...
When the appeal is sent back to the the service center...they have an option of either adjudicating the case themselves (they use their own discretion) or forwarding the case to AAU. If adjudicated at the service center...it is much quicker...but if forwarded to AAU...it is anybodies guess. BTW, usually the message does not change even if the decision has been taken by AAU...so keep that in mind ... and stay after your atttorney if he hears anything from AAU,to update you.
Best Wishes
 
Anyone has experience with Motion to reopen (MTR) at TSC (or other centers) ?
My attorney filed MTR for me by writing a letter titled MTR (plus other documents/fee), without using any forms (I-290A does not exist), I wonder how long can I expect to receive a receipt notice (case number) for the MTR at TSC (or other centers). Will I see any change in LUD of the denied I-485? Thank you very much,
 
Well. My case is a pretty sad one.

*I filed a marriage based I-485 in Dec 2003
*1st FP was Jan. 2004
*1st approved EAD April. 2004
*2nd approved EAD Sept. 2004
*Interview was Dec. 2004
*USCIS claimes that they sent a Notice of intent to deny in May 2005. Never ever received such a notice. They can't even provide me with a copy of the notice.
*Immigration officer called me on Aug 2005 to attend FP on 8/16/2005
*Missed 2nd FP bcos i was seriously ill. Letter noted that I could attend FP any other date after 8/16/05 for 84 days.
*I-485 denied Aug. 17, 2005
*attended 2nd FP Aug 22, 2005
*filed MTR Sept 2005
*MTR approved/denied????? have no idea when this one will be opened. I hope pretty soon though.

DO u guys think that I should file a new I-485? bcos God only knows when my case will be reopened. I have already been out of work for 1.5 mths. My employer is threatening to withdraw my employment.

I your experience, how long does a decision on MTR take? I am completely lost on this matter.

PLEASE HELP!!!!
 
Hi Ntcole

What a mess, I do hope you get some good news soon. Have you got congressman involved in your case. Maybe a good Idea



Crystalview


Sorry about your case problem. I have been reading your case with interest, any up date?


I too am having terrible problems with my sons case. Yes I get very upset, then angry, then even more determined, I will fight to the end


Regards Sue
 
susan ward said:
Hi Ntcole

What a mess, I do hope you get some good news soon. Have you got congressman involved in your case. Maybe a good Idea



Crystalview


Sorry about your case problem. I have been reading your case with interest, any up date?


I too am having terrible problems with my sons case. Yes I get very upset, then angry, then even more determined, I will fight to the end


Regards Sue
Click to expand...

Thanks Susan. My lawyer even suggested that I get a Congressman involved. Frankly, I have been so emotionally and physically drained to the point of hysteria and suicide (yeah, I think that's crazy too). :eek:

But I plan to get a Congressman involved even though there isn't much they can do anyhow.
 
Relax, think calmly, there is always a way out!

ntcole said:
Thanks Susan. My lawyer even suggested that I get a Congressman involved. Frankly, I have been so emotionally and physically drained to the point of hysteria and suicide (yeah, I think that's crazy too). :eek:

But I plan to get a Congressman involved even though there isn't much they can do anyhow.
Click to expand...
I am very sorry to hear your plight. Trust me, you are in my prayers. They move mountains.

Can you tell us why your petition was denied? You had your interview in December 2004 and yet were not approved. Why was this? If you think you were denied on tenuous grounds AND if you haven't heard back from INS regarding the MTR within the time-period when the MTR response time of 30 days expires, then you can automatically file at a higher court a writ of mandamus against the INS. This way the higher court (typically the Federal District Court) that has jurisdiction on your area's INS District Office must be the venue to launch such an action. Did you consult with your attorney regarding this possibility?

Forget about suicide. Many others in this forum have had positive responses after they got their denials and filed MTRs. Just shred those thoughts and jump in action. If it is not for these moments, why were you even created as a human? Right? Think about it.....
 
I-485 Denied

poongunranar said:
I am very sorry to hear your plight. Trust me, you are in my prayers. They move mountains.

Can you tell us why your petition was denied? You had your interview in December 2004 and yet were not approved. Why was this? If you think you were denied on tenuous grounds AND if you haven't heard back from INS regarding the MTR within the time-period when the MTR response time of 30 days expires, then you can automatically file at a higher court a writ of mandamus against the INS. This way the higher court (typically the Federal District Court) that has jurisdiction on your area's INS District Office must be the venue to launch such an action. Did you consult with your attorney regarding this possibility?

Forget about suicide. Many others in this forum have had positive responses after they got their denials and filed MTRs. Just shred those thoughts and jump in action. If it is not for these moments, why were you even created as a human? Right? Think about it.....
Click to expand...

Thanks for your encouragement poongunranar. You've really inspired me to work harder towards solving this problem.

I think my case was denied bcos I failed to attend the 2nd FP appointment. I was quite sick on the date of the appointment so my husband insisted that I stayed in bed. But the appointment letter stated that I could "go for the FP on that date or any other Wednesday after that date for 84 days". I figured that I could then attend the appointment when I got better.

My case was then denied a day after the appointment date. They stated abandonment. The funniest thing is that I never received a letter of intent to deny from the USCIS. I still don't have the letter till now and they can't seem to produce it.

I filed a MTR less than 30 days after my case was denied on 9/13/2005. It's been about 1 month and 1 week now. I really hope that it is approved soon since the IIO at the District Office told me that my file had been moved on 9/29/2005 to the appropriate office. I'm keeping my fingers crossed.

Thanks poongunranar for your words of encouragment.
 
Ntcole,

Which Service center your case got denied?

My 485 got denied for abandonment with TSC on 09/29/2005. I also filed MTR and awaiting an outcome. Do I need to contact some agency regarding this? I am just sitting waiting for action on my MTR. Your post says "since the IIO at the District Office told me that my file had been moved on 9/29/2005 to the appropriate office", Did you contact some one and if so can you give me office where to contact? To which office your file got moved? Does all denied 485's gets moved to some other office and we need to contact that office?

Please let me know.
 
ntcole

ntcole said:
Thanks for your encouragement poongunranar. You've really inspired me to work harder towards solving this problem.
Click to expand...

You are being gracious and you are most welcome. Just hang in on there. I have had worser problems than this forum knows. Yet, I never gave up and we are all a support unto each other. Just hang in on there and you will be writing to somebody else like what I am writing to you today :)

ntcole said:
I filed a MTR less than 30 days after my case was denied on 9/13/2005. It's been about 1 month and 1 week now. I really hope that it is approved soon since the IIO at the District Office told me that my file had been moved on 9/29/2005 to the appropriate office. I'm keeping my fingers crossed.

Thanks poongunranar for your words of encouragment.
Click to expand...
Cool. I think am seeing the silver-lining in your case. So, going by the IIO's words, your case was moved just about 24 days ago. So, why don't you fix an InfoPass appointment to personally walk over to talk about the case? That may help you. Go insist on talking to a supervisor. Hope you have your MTR reopened. Good luck.
 
gcsucks

gcsucks said:
Ntcole,

Which Service center your case got denied?

My 485 got denied for abandonment with TSC on 09/29/2005. I also filed MTR and awaiting an outcome. Do I need to contact some agency regarding this? I am just sitting waiting for action on my MTR. Your post says "since the IIO at the District Office told me that my file had been moved on 9/29/2005 to the appropriate office", Did you contact some one and if so can you give me office where to contact? To which office your file got moved? Does all denied 485's gets moved to some other office and we need to contact that office?

Please let me know.
Click to expand...

I guess ntcole's case was transferred to the local district office. Hence she is talking about the local district office. In your case, yours was denied by TSC and you will have to file for MTR right there. No, there isn't anything that suggests that all MTRs are moved to a "different" office. Rather, MTR will be opened by the office and even the officer who issued the denial in the first place. In your case it will be that person who denied yours at TSC who will take a look at the merits in your case to reverse his / her opinion.
 
Do we need to call TSC regularly to know any pending REF. How can we avoid? That will help everyone. This may happen to anyone. We can prevent it before it becomes worse.

Thanks
 
I-485 denied, Filed MTR

gcsucks said:
Ntcole,

Which Service center your case got denied?

My 485 got denied for abandonment with TSC on 09/29/2005. I also filed MTR and awaiting an outcome. Do I need to contact some agency regarding this? I am just sitting waiting for action on my MTR. Your post says "since the IIO at the District Office told me that my file had been moved on 9/29/2005 to the appropriate office", Did you contact some one and if so can you give me office where to contact? To which office your file got moved? Does all denied 485's gets moved to some other office and we need to contact that office?

Please let me know.
Click to expand...

Well, I filed my case with the Houston District Office even my case # has an MSC code (for Missouri). My attorney filed the MTR with the same local office. Apparently, they were moving my file to the National Office before I filed the MTR. When I then filed the MTR they moved my file back to the local office. That's what I meant when I wrote that "they moved my file". I was pointing to the fact that they were at least doing something.

I only pray that I filed the right motion (being that I never received the NOID and don't even know why I was denied) because I'm simply going by what the IIO told me - "your case was denied because you failed to attend your fingerprinting appointment". She said that there was no other reason for the the denial. I file a G-639 (FOIA form) for the release of a copy of my NOID. If they can't produce the copy, then I can support my suspision that they never mailed me a notice in the first place.

I will advice that you keep booking appointments and inquiring about your case. Call the 1-800 National number to inquire. I do this every week so that they can't accuse me of abandonment again. Who knows, you may run into an angel in disguise that will be willing to help you. I know my angel is out there and I will keep disturbing them until they approve my case.

The plus side to all of this is that my husband and I married Oct. 13 , 2003. When they do approve my case, I will be getting the 10 years as oppossed to the typical 2 years bcos we have now been married for more than 2 years.

I wish you the best of luck and y'all will be in my prayers.

May God bless you and guide you.
 
I-485 denied, Filed MTR

poongunranar said:
You are being gracious and you are most welcome. Just hang in on there. I have had worser problems than this forum knows. Yet, I never gave up and we are all a support unto each other. Just hang in on there and you will be writing to somebody else like what I am writing to you today :)


Cool. I think am seeing the silver-lining in your case. So, going by the IIO's words, your case was moved just about 24 days ago. So, why don't you fix an InfoPass appointment to personally walk over to talk about the case? That may help you. Go insist on talking to a supervisor. Hope you have your MTR reopened. Good luck.
Click to expand...


Thanks a lot poongunranar. I have fresh hope that my case will be approved soon so that I can get back to work and start helping my hubby. He's really going through a lot having to support us alone and having to pay my bills. :(

It will definitely be fine and I'll look back at all this and laugh :D
 
Susan_ward:

Thank you for your message related to my case.

A long story and ordeal. As posted previously, our (me and my spouse) 1st I-485s were denied by error, MTR filed, one month later, we also filed new I-485s. Later on, our 1st I-485 were reopened and approved (I already got the card, spouse's card was ordered last week). Do not know what to do about the 2nd I-485s, though we have also done FPs. I think I need to write letter to withdraw it. Thanks,
 
crystalview said:
Susan_ward:

Thank you for your message related to my case.

A long story and ordeal. As posted previously, our (me and my spouse) 1st I-485s were denied by error, MTR filed, one month later, we also filed new I-485s. Later on, our 1st I-485 were reopened and approved (I already got the card, spouse's card was ordered last week). Do not know what to do about the 2nd I-485s, though we have also done FPs. I think I need to write letter to withdraw it. Thanks,
Click to expand...


Crystal View,

Congratulations! You're free at last!

About the 2nd I-485. You should definitely file to have it withdrawn immediately since you've already received your GC and your wife is about to get hers.

I wish I were in your shoes now.

Have fun. :)
 
Thanks,

Our 2nd I-485 were also updated (though no message change) on the same day my spouse's 1st I-485 was approved (though no message change also, later received approval notice in mail), I guess the office noticed that we refiled our I-485s (all has same A #) and may have already administratively closed our refiled I-485s. Will consult attorney soon.

The errorenous denial of my 1st I485 created a mess in my life during the past months. Will keep you posted if interested.
 
family based I-485 denied aug 05/ H1-B approved July 05

*I filed a marriage based I-485 in Dec 2003.
*1st FP was Jan. 2004.
*1st approved EAD April. 2004.
*2nd approved EAD Sept. 2004.
*Interview was Dec. 2004.
*USCIS claimes that they sent a Notice of intent to deny in May 2005. Never received such a notice. They can't even provide me with a copy of the notice.
*H1-B petition was approved JUly 2005.
*Immigration officer called me on Aug 2005 to attend FP on 8/16/2005.
*Missed 2nd FP bcos i was seriously ill. Letter noted that I could attend FP any other date after 8/16/05 for 84 days.
*I-485 denied Aug. 17, 2005.
*attended 2nd FP Aug 22, 2005.
*filed MTR Sept 2005.
*MTR approved/denied????? have no idea when this one will be opened. I hope pretty soon though.

My questions are:

1. do you guys think that I should file a new I-485? bcos God only knows when my case will be reopened. I have already been out of work for 1.5 mths.

2. how long does a decision on MTR take? I am completely lost on this matter.

3. Most importantly, can I continue to work based on my H1-B approval since my I-485 was denied? I spoke with an IIO and she informed me that I can continue working based on the H1-B.

I would truly appreciate any help anyone could render.
 
485 denied and need help urgently !!!!!!!!!!

PL. HELP ME .
I have applied for I140 and I 485 concurrently.My I140 was cleared and I have applied for EAD and AP (for second time I never used those at all got a notice for digital photo/ thumb printing due in december ).currently I am on H1B and my wife is on H4 . I will finish my H1B / H4 (6yrs ends on April 2006) . I GOT I485 Finger printing notice but I have resheduled it by sending the application back to ASC and I have return receipt / confirmation and the copy of the covering letter that I sent along with the notice.
Now my attorney got a notice saying that my I485 got denied becasue I din't show up for the finger printing on the scheduled date or I did not
inform about the reschedule the appointement(which is not true) . now what should I do now and pl. pl. help me in answering below questions .

1) I am planning to do MTR (motion to reopen) the I485 .
2) Do any one know how much time it will take to reopen the case .
3) Will I get any receipt number fot MTR ??
4) My H1b/H4 is valid till April 2006 now can I apply for 7 th year extension i.e I want to know becasue I will be reaching that pretty soon and since my I485 got denied what will effect on 7th year extension that i.e is MTR will help me ?
5)how are the chances for reopening on my case ??

6) Can I file new I485 again ? with the old I140 ?

7) Am i eligible to go for EAD digital photo / thumb printing and which is due in december 2005(second time renwal but never used it).


Thanks for every one's Help ,
Sam
 
Need Help Urgently 485 Denied !!!!!!

PL. HELP ME .
I have applied for I140 and I 485 concurrently.My I140 was cleared and I have applied for EAD and AP (for second time I never used those at all got a notice for digital photo/ thumb printing due in december ).currently I am on H1B and my wife is on H4 . I will finish my H1B / H4 (6yrs ends on April 2006) . I GOT I485 Finger printing notice but I have resheduled it by sending the application back to ASC and I have return receipt / confirmation and the copy of the covering letter that I sent along with the notice.
Now my attorney got a notice saying that my I485 got denied becasue I din't show up for the finger printing on the scheduled date or I did not
inform about the reschedule the appointement(which is not true) . now what should I do now and pl. pl. help me in answering below questions .

1) I am planning to do MTR (motion to reopen) the I485 .
2) Do any one know how much time it will take to reopen the case .
3) Will I get any receipt number fot MTR ??
4) My H1b/H4 is valid till April 2006 now can I apply for 7 th year extension i.e I want to know becasue I will be reaching that pretty soon and since my I485 got denied what will effect on 7th year extension that i.e is MTR will help me ?
5)how are the chances for reopening on my case ??

6) Can I file new I485 again ? with the old I140 ?

7) Am i eligible to go for EAD digital photo / thumb printing and which is due in december 2005(second time renwal but never used it).


Thanks for every one's Help ,
Sam
 
You must log in or register to reply here.
Top