Help, urgent parent GC question

N

nandank_11

Registered Users (C)
Hi All,

We applied GC for my mother in law in January of this year (Me and my wife are citizens). Applied 140 and 485 together. We received request for additional evidence for both 140 and 485. Sent the requested material in March.
Received 140 approval (around July).

Now (Sep 29 ) we received a notice saying 485 is denied due to abandonment, saying they sent request for additional evidence on May 2nd. We never received any thing after initial request in March.

Visiting visa, that she is on, is already expired.
Any pointers very appreciated. Any body faced similar situation or has any advice, please respond.

Thanks in advance.
-Nandan
 
nandank_11 said:
Hi All,

We applied GC for my mother in law in January of this year (Me and my wife are citizens). Applied 140 and 485 together. We received request for additional evidence for both 140 and 485. Sent the requested material in March.
Received 140 approval (around July).
Click to expand...
Your being a citizen is not relevant: your wife filed for her mother!
It is not 140, it's 130.
Now (Sep 29 ) we received a notice saying 485 is denied due to abandonment, saying they sent request for additional evidence on May 2nd. We never received any thing after initial request in March.
Click to expand...
Well, you have 2 options - refile 485 based on approved I-130, or file MTR (motion to reopen). The first option would probably be simpler, but it's up to you.
Visiting visa, that she is on, is already expired.
Click to expand...
That's not a problem in her case.
 
Anahit, Thanks.
You said: Her expired visiting visa is not a problem.
Can you please explain a little bit more to put our mind at ease.
1. Can anything be done based on the fact that we never received the request that they say they sent in May, and denied our application on that basis. I don't know how we can prove that we did not receive something.
2. Is the only disadvantage of refiling is that we loose the initial notice date/priority and nothing else ?

Thanks a lot for taking time to answer.
 
Anahit said:
That's not a problem in her case.
Click to expand...

Well it WILL BE a problem if she comes to USCIS attention before you either file the MTR or submit a new I-485. The moment you received the denial, she went out of status due to the expired visa.
 
boatbod said:
The moment you received the denial, she went out of status due to the expired visa.
Click to expand...

And the minute she files a new I-485, she's back in status. Again, what's the problem?

The OP needs to figure out whether the I-130 was approved or not, but filing a new I-485 might be faster and simpler than an MTR.
 
Guys, Thanks for the responses.

The fact, we never received any correspondence from INS (possible postal miss?) and they denied our application based on that, does it matter any more. I am getting a feeling it doesn't :(
Does it ?
 
nandank_11 said:
You said: Her expired visiting visa is not a problem.
Can you please explain a little bit more to put our mind at ease.
Click to expand...
Overstay is forgiven to immidiate families of US citizen! Read Section 10.F.1. on the instruction for I-485: http://www.uscis.gov/files/form/i-485instr.pdf.
Of course, it is not a good idea for her to leave the country before getting her green card.
1. Can anything be done based on the fact that we never received the request that they say they sent in May, and denied our application on that basis. I don't know how we can prove that we did not receive something.
Click to expand...
You can file MTR, and try to reopen the case. How you can prove you never received the request? Your lawyer will tell you.
2. Is the only disadvantage of refiling is that we loose the initial notice date/priority and nothing else ?
Click to expand...
You would basically start over with I-485, and pay a lot more than you paid in January. The good news is that you know now what to include to avoid RFEs. The whole thing might take as little as 3-4 months, if everthing goes smoothly.
Good luck!
 
Last edited by a moderator:
Hi Nandank, my mum is in the similar scenario like your MIL

Hi NandaNK,
my mum is in the similar scenario like your MIL. My mum I485 denied on OCT 10th 2007 and I don't know how to proceed.
Did you reapply your MIL's I 485 or did you reopen the case (I 290B).
Please let me know.

-Thanks
 
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