I-485 denied as a matter of discretion....PLEASE HELP WITH ANY ADVICE!


Registered Users (C)

I could really use any help that you can offer to me about my case. I filed my I-485 with my wife and I was approved on January 9, 2008. However, at the time I had a case that was pending with the court. As a result, one of local immigration attorney denied my case on May 6, 2008 based on her discretion. The immigration officer thought that I did no demonstrate the moral fortitude to warrant a favorable decision and that I had 30 days to file a MTR for my case. Please keep in mind that this case was a misdemeanor and it was completely blown out of proportion. In the denial letter from USCIS, I was told that I could file for a MTR with any new evidence that could prove why the decision the USCIS exercised was inappropriate. Also, the denial letter states:

"Until a final disposition is available as to the outcome of the charges, the Service will not grant your adjustment of status."

On May 20, 2008, the court dismissed the case and the next day I filed an MTR with the local office, stating the decision from the criminal court that the case was dismissed. So far, I have not heard anything from my local office or USCIS. I am wondering whether my case fell into a blackhole.

My questions are:
How long does an immigration officer takes to decide on a MTR case? So far, it's been 9 weeks (over 2 months) and I have not heard anything from USCIS or the local immigration officer who denied my case. Should I be worried at this point?

Since the case is dismissed, can the immigration officer still deny my case?

I would really appreciate any help that you guys can offer me at this point. I have an interview with a company in a week and I am not sure whether I will need to refile my enter case.

Thanks in advance.
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