I-485 Denied erroniously -- help

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webcite_99

New Member
Hi.

My wife's I-485 was just denied by the Chicago Service Center because they claim that we missed our appointment and failed to notify them in advance that we needed to reschedule. While it's true that we missed the interview, we did notify them in 4 separate letters prior to the interview date (1 by certified mail -- return receipt) that we would be unable to attend and that we needed to reschedule. We are planning on filing a motion to reopen, and I have the following question:

1) Is there any fee required with the MTR (the denial notice makes no reference to any fee).

2) If so, how much? Is something changing on on 9/28/05?

2) Do I need a form like the 290b or anything else? or is that not needed for an MTR?

3) where and how should I file this MTR? Mail? In person? etc? I have an appointment with the InfoPass office on Friday. Should I hand deliver it then?

4) we also received a notice that my wife's EAD is no longer valid (it was originally good thru March 2006), can she continue to work? She wants to tell her employer about the letter, and I told her that with the MTR filed, she should be safe.

Please help asap as I need to file this thing and don't want to mess it up.
 
webcite_99 said:
Hi.

My wife's I-485 was just denied by the Chicago Service Center because they claim that we missed our appointment and failed to notify them in advance that we needed to reschedule. While it's true that we missed the interview, we did notify them in 4 separate letters prior to the interview date (1 by certified mail -- return receipt) that we would be unable to attend and that we needed to reschedule. We are planning on filing a motion to reopen, and I have the following question:

1) Is there any fee required with the MTR (the denial notice makes no reference to any fee).

2) If so, how much? Is something changing on on 9/28/05?

2) Do I need a form like the 290b or anything else? or is that not needed for an MTR?

3) where and how should I file this MTR? Mail? In person? etc? I have an appointment with the InfoPass office on Friday. Should I hand deliver it then?

4) we also received a notice that my wife's EAD is no longer valid (it was originally good thru March 2006), can she continue to work? She wants to tell her employer about the letter, and I told her that with the MTR filed, she should be safe.

Please help asap as I need to file this thing and don't want to mess it up.
Click to expand...


When go to local office and check with them. Take the proof for sending the letter. Is that family based green card?
 
Aside from advising me to consult an attorney, does anyone have any solid opinions about my situation and questions?

For more clarity, I am a US citizen by birth, my wife is Canadian, and the application was made after our marriage.

Thanks in advance to any of the experts who feel comfortable offering an opinion.
 
I read that the motion to reopen will or has already been increased to about double what is used to be. If I remember correctly it used to be about $185 and was raised to about $385. Google it and you should be able to find the answer about the fee. Since you sent lettera AND have evidence of this, I would be VERY surprised if the USCIS did NOT let you redo the interview through a motion to repoen, so I'm guesing that at worst you have to waste money on the motion to reopen fee and then things will work out.
 
EAD is no longer valid is my understading. File another 485 that will let you apply for another EAD which you will get in max 90 days. MTR my take longer based on what eole have said on this forum. First of all show them the receipts and they might change their mind. Do not make your wife work wthout talking to a lawyer You do not want to create any complications.
 
Tangohi,
Isn't it true that if you file an MTR, you can't file a new I-485 based upon the same I-140?
 
I-485 and I-130 DENIED

Dear Webcite,
I've consulted a lawyer on a similar problem (we missed interview because wife had to to poland to tend to her sick mom). We applied for advance parole and since noone at the immigration offices in NYC was able to reschedule the interview we finally called the # provided on the interview notice and placed "a request to reschedule." We were also informed on the phone that I dont have to show up for the interview alone. Recently we received notice of denial of wife's I-485 and my I-130.
The lawyer told me that if I choose to file another I-130 and try to get an immigration visa for my wife (which might be the quickest way to get her greencard because the wait time is not as long as with I-485) my decision not to appeal and file the motion to reeopen and motion to reconsider should not have any consquences on my new application. However, he also said that as it usually happens with immigration they can make a big deal out of anything and they might have questions about my failure to appeal and file motions.
He said that the fee is $110 for each motion. Apparenty you dont have to complete that I-290B form ($385 fee) to file motions. He said that once we file the motions my wife's advance parole should be valid again, so i presume your wife's work permit also. He also said that it should take about 6 months before we can get another interview. And of course a $4,500 attorney's fee.
Let me know how your situation turns out or if you have any questions: guberpl@yahoo.com.

I got until tomorrow to decide whether I'm taking the lawyer or giving it a try with a new application. Please share your personal opinnions.
 
Lesson learned: NEVER reschedule or miss an interview, even if it means you have to be dragged in a hospital bed to get there.
 
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