I-485 denied; FP notice not received

L

lifesuks

Registered Users (C)
Received a notice from USCIS, saying that I-485 case is denied (both mine& mywife's) due to failure to appear for FP. However, we never received any notice to appear for FP.

There has been no change of address since I-485 was filed.

Currently, my atty is planning on filing MTR. I'm not sure how this will work.

What will happen to my Status? Currenly we are on EAD(3rd).

Any ideas..Worried..worrried..please help..

I140/485concurrent filing
ND-07/15/2003
RD 08/15/2003

I-140-04/12/2004- approved
1 EAD approved - 02/2004
2 EAD approved - 10/2004
3 EAD approved - 08/2005
 
lifesuks said:
Received a notice from USCIS, saying that I-485 case is denied (both mine& mywife's) due to failure to appear for FP. However, we never received any notice to appear for FP.

There has been no change of address since I-485 was filed.

Currently, my atty is planning on filing MTR. I'm not sure how this will work.

What will happen to my Status? Currenly we are on EAD(3rd).

Any ideas..Worried..worrried..please help..

I140/485concurrent filing
ND-07/15/2003
RD 08/15/2003

I-140-04/12/2004- approved
1 EAD approved - 02/2004
2 EAD approved - 10/2004
3 EAD approved - 08/2005
Click to expand...

Hello lifesucks. The exact same thing happened to me. See my case below

*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.


I booked a FP appointment and then filed a MTR. According to the immigration people, it could take 3-6mths for a case to be reopened. :mad:

Additionally, you could start the process all over again and file new applications. This is a more expensive route to go.

I believe that your case will be reopened though.

Note:
I am not a lawyer. I am simply a person who have gone through a lot in this process and have learned the hard way.
 
Hi ntcole,

How did you get the FP appointment without an appointment letter? Did you go to the ASC without the letter? Please share your approach to this. My atty is palnning on filing MTR, but he didn;t mention anything about getting FP.

Also, Can you please tell, what docements required fro FP?

Please help..
 
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Fp

I was contacted by an immigration officer that told me that I needed new FPs. She then mailed me an appointment letter the next day. You could call the 1-800 hotline and request for an appointment. It's better to get it out of the way instead of waiting for a letter.
 
lifesuks
Just bring your I-485 receipt notice and do a walk-in and then ask for Code 1 (10 finger prints). Should be no problem. Most ASCs accept walk-ins for I-485s. Be prepared to wait in line, but you should be able to get it done.
 
Hi ntcole

I tried to call 1-800 number, they said, I need to have a letter from USCIS to go for an appointment. Do you remember what options did you chose to get the appointment scheduled?
 
Of course the USCIS will tell you that on the phone. Keep in mind their phone reps. do not know how ASCs operate. All the USCIS reps. have are the official policies, not how actual ASCs work with walk-ins. The USCIS did that to me too, telling me that walk-ins are not accepted and that I hd to have an appointment. Then lots of folks on this forum had done walk-ins with their I-584 receipts, so I did that too and it worked great. So, I just took my I-485 recept notice and went to my nearest ASC and walked in. No problem whatsoever. Just try it. You have nothing to lose. What's the worst that can happen? That you are denied entry and have to go home, which I really don't think will happen. More than likely you will get it done.
 
Bjorn

Thankyou so much for your suggestions..
I just called 1-800 number, since my case is denied now, I cannot go for FP.. Do you want me to go anyhow, Did anyone had this kind of experience.. I'll be going in tomorrow..
 
I would file a Motion to Reopen casse, and when the case is reopened I would do a walk-in using my receipt notice. The MTR is the number one priority right now.
 
Bjorn

Sorry to bother you with too many questions.. Do you know what is success rate on these MTRs? Do you think, CIS will re-open the case, with the fact that "I did not get the letter to take an appointment for FP, & get FFP done" Do they believe that? Even my atty did not receive these kinds of letters.

Agian, thanks for your help and suggestions..
 
In this process, any one know what happens to my legal status? I have EAD (3rd) will be expiring in Aug '2006.
 
I think you have a great chance of getting the case reopened. It's not like you committed a crime, but there was just a matter of lost communication. Case should be reopened. According to immigration law 245 (cannot remember sub-section, I believe you can still work on EAD for 180 days as 180 days are automatically pardoned should you have violated the law. Research on google immigration law 245, the index should get you to the right seub-section and help you out.
 
bj

My attorney mentioned today, 2 weeks ago, CIS started to deny I-485 cases that are pending for long time on FPs etc..Is this true. Did any one experience this?
 
That's been the case for a while. If you have not completed your FP within 60 days of receiving the FP notice, the USCIS deems your application abandoned and will deny it.
 
Bj

I have never received any FP (neither atty nor my self recevied..).. Do you think this applies to this kind as well..Did you see any others having this kind of problem..Thanks for your input..
 
Technically you should receive an FP notice. Obviously you did not. Call the USCIS and ask them WHEN the notice was sent. They keep copies of all notices on file and if a notice was sent they should be able to tell when. I have read lots of people comments on this forum who missed the FP for some reason, and several comments that after the MTR their case was indeed reopened and they did their FP to resume case. Again, when the USCIS open your case, don't rely on the FP notice, but use the I-485 receipt notice and do a walk-in. That way you need not to worry about any missed notice that was lost in the mail.
 
Fp

lifesuks said:
I have never received any FP (neither atty nor my self recevied..).. Do you think this applies to this kind as well..Did you see any others having this kind of problem..Thanks for your input..
Click to expand...


Hello lifesucks,

I had the same problem. I my case the USCIS claimed to have sent a NOID on 5/9/2005, but I never received such a notice. They can't even produce a copy of it. So my case was denied about 3 mths after the notice was supposedly sent.

Just have faith and everything will work out fine. At least you still have sometime remaining on your EAD. Although, you should ask your lawyer if that EAD is still valid for employment being that your I-485 was denied. The last thing you need is to give USCIS the opportunity to deny you any other benefits down the road. So be careful.
 
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Techncially, your EAD becomes invalid when you get an I-485 denial. The EAD depends on the I-485. However, if you file an MTR your case, the EAD may still be valid. I would hire an immigration lawyer to assist in the MTR process.
 
nt & bjorn

Ntcole & Bjorne

Thanks for input. My Company lawyers are in the process of filing MTR. I asked him about the legal status, he mentioned that, there should'nt be a problem. If USCIS thinks, I'm not on legal status, they would send the letter immediately to leave the country..(I'm not convinced with atty response..but no choice at this time).

Do you all think, till I get the MTR approved, I am not on legal status?
 
lifesuks said:
Ntcole & Bjorne

Thanks for input. My Company lawyers are in the process of filing MTR. I asked him about the legal status, he mentioned that, there should'nt be a problem. If USCIS thinks, I'm not on legal status, they would send the letter immediately to leave the country..(I'm not convinced with atty response..but no choice at this time).

Do you all think, till I get the MTR approved, I am not on legal status?
Click to expand...

lifesucks,

technically, if you have a H1B petition approved, you have a H1B status even though you filed an I-485. This is called the dual intent doctrine and applies only to the H1 visa. The only thing is the H1B should have been approved before filing the I-485.

If you filed the I-485 without a H1B then you technically do not have a legal status. However, you are legally authorised to remain in the US for 180 days from the date of denial, after which you must leave the country.
 
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