Help with abandoned I-485

[blandons4ever]

for some of you who follow threads, I posted the thread "get a load of what's happening in houston local office" well, I actually got my inquiry back from houston, and they say my case is outside processing time but still active. Based on this info I scheduled an infopass and went to inquire about my case. They confirmed that in reality it was denied august 7 2005 because I did not show up for my interview. The lady told me it should not be a big deal to file to reopen, all I had to do is to file a FOIA form to get a letter of denial and then file the motion to reopen and they will re-schedule the interview. Now, I did not want to ask if I had deportation pending due to the denial of my case,all I know is that I walked away from the building with no further problems or she never mentioned that I had removal conditions on me. As far as I know, I an a NACARA applicant and DHS has no authority to deny my case unless it is proven I am a criminal (which of course I am not) It hurts me to know that I could've been a GC holder since last year, I could've gone to see my grandma and mom (whom I haven't seen in 12 yrs) and that the "interview" form was never delivered, even though my address has been the same since the case got transferred from TSC and it was corroborated by the immigration lady at the window. Don't know what to do or whom to believe. I have a safety valve: I have been married to a USC for over 8 years (dont ask me why i did not file AOS thru marriage, I had personal reasons not to do so) so to all the gurus out there here's the million dollar questions: do I have to wait until I get that letter to file a motion to reopen? DO you think I have deportation proceedings filed? How easy is it to open these kind of cases in which you "abandon" your case by not showing up? AM I not too late to file a motion to reopen? It's almost a year now and honestly, I just found out when I filed for my EAD renewal and got a denial letter in may 16. Can I file another I-485 based on marriage (now I can say the personal reasons are out of the window!) while I hope my other case is open?

Please help!

 

[GHEBAUER]

Get an attorney a.s.a.p. !

Hi blandons4ever ,


I think that now , the best thing is to contact a good attorney and fix this problem with the denied case , he will go thru with you about the case , once it sees the real problems with that denied case !!! If you apply for a new case , i think that you'll meet more problems because the old case was denied , wich will be considered a big problem on future fillings !!! So , i think that is good to do something about that case wich you had before , and the lawyer will give you more info about the next steps you have to make !!!
This is just my opinion , i'm not an attorney , but is better for you to get in touch with an attorney to get over this , but do not wait to long , and do it as soon as posible !!!

GOOD LUCK !!!
Ghebauer

 

[blandons4ever]

here's the kicker

ok, it just so happens that I am a J-1 overstayer. I got the lawyer, and he says there are ways he knows of about reopening my case other that sending a letter to FOIA and waiting for a denial letter on my NACARA case. He convinced me and said I got to work on asking for a I-485 marriage based as well, and the first step is to filing for a hardship waiver based on many factors: we own a house (my wife will be unable to pay for the house by herself), my daughter does not speak Spanish (I am from nicaragua) and she is allergic to 16 allergic agents (including dust mites, mosquito bites, pollen among others) and needs the good health insurance my wife's work (the state of TX) provides, and my wife is currently going to school to receive a degree in Physician Assistant, and she is a partially disabled veteran (15% service connected disability). Now to me that would prove a good hardship case, since we cover both the problems of her staying behind and my daughter going to Nicaragua, a country full of dust and malaria mosquitoes, with no neardenthalic hospitals but still a bit behind on medical advancements. My wife is a great woman, and has already said that if I go, so do we all. My questions to you are this (and If you only know the answer to one of them, please let me know)

1. if you have experience in J-1 waivers, do you think this case may have a shot? hardship to 2 USC in both ways staying and leaving?

2. My lawyer in paper seems a great lawyer. It was recommended by AILA but it has been 3 wks and haven't heard a thing from him. He recommends to go for the J-1 waiver first rather than applying for AOS because it may be denied due to the non-existence of the waiver or because they believe a waiver must be obtained before I file for AOS

3. Do you know of another "process" besides getting your file thru FOIA to hasten a reopening of a denial due to abandonment? (I did not abandon my case, I just never got anything from INS, and I have proof that TSC had my right address from which I haven't moved in 3 yrs)

4. If I get denied and we move to Nicaragua, wouldn't that trigger the 10 yr ban (my case was closed since august 2005 i just learned about it when I filed for my EAD renewal), and worse off, wouldn't my wife become ineligible to sponsor me since she has no income in the US?

any partial or complete answer is really appreciated.

Thank you

 

[GHEBAUER]

ok, it just so happens that I am a J-1 overstayer. I got the lawyer, and he says there are ways he knows of about reopening my case other that sending a letter to FOIA and waiting for a denial letter on my NACARA case. He convinced me and said I got to work on asking for a I-485 marriage based as well, and the first step is to filing for a hardship waiver based on many factors: we own a house (my wife will be unable to pay for the house by herself), my daughter does not speak Spanish (I am from nicaragua) and she is allergic to 16 allergic agents (including dust mites, mosquito bites, pollen among others) and needs the good health insurance my wife's work (the state of TX) provides, and my wife is currently going to school to receive a degree in Physician Assistant, and she is a partially disabled veteran (15% service connected disability). Now to me that would prove a good hardship case, since we cover both the problems of her staying behind and my daughter going to Nicaragua, a country full of dust and malaria mosquitoes, with no neardenthalic hospitals but still a bit behind on medical advancements. My wife is a great woman, and has already said that if I go, so do we all. My questions to you are this (and If you only know the answer to one of them, please let me know)

1. if you have experience in J-1 waivers, do you think this case may have a shot? hardship to 2 USC in both ways staying and leaving?

2. My lawyer in paper seems a great lawyer. It was recommended by AILA but it has been 3 wks and haven't heard a thing from him. He recommends to go for the J-1 waiver first rather than applying for AOS because it may be denied due to the non-existence of the waiver or because they believe a waiver must be obtained before I file for AOS

3. Do you know of another "process" besides getting your file thru FOIA to hasten a reopening of a denial due to abandonment? (I did not abandon my case, I just never got anything from INS, and I have proof that TSC had my right address from which I haven't moved in 3 yrs)

4. If I get denied and we move to Nicaragua, wouldn't that trigger the 10 yr ban (my case was closed since august 2005 i just learned about it when I filed for my EAD renewal), and worse off, wouldn't my wife become ineligible to sponsor me since she has no income in the US?

any partial or complete answer is really appreciated.

Thank you

Hi ,
1. I think that you should go ahead and reopen your case thru FOIA , if you are a NACARA applicant !!!

2. Probably your lawyer is right about this , he knows more details !!! You can go to another layer too , and ask the same questions , just for information purpose !!!

3. From the info i've seen here , i think that is better if you go ahead with your case , and don't try something else , because can cause more trouble !!! Get the best lawyer you can find , and he will guide you thru this !!!

4. Once you are illegal in the country for more than 180 days , you can be deported easy , if they find a reason to do so , and your spouse i don't think is the right person to sponsor you ( about marriage case don't even think about , because they will send you home and the aplication will be denied too), probably if you have somebody else to do that !!! Again , ask more lawyers on this matter , if you think that your actual lawyer is not so good !!! I'm sure that , if you find a good lawyer , you can pas thru this !!!

Good Luck.

ghebauer