I-485 denied, PLEASE HELP!!!!!!!!!

E

erikasughey

New Member
My I-485 was denied, because I had received my mail too late (to sum it up). I never recieved my appointment letter in which they are claiming that it was sent and dated for september or 2005. I recently received notice about this and am in the process of filing an I-290B to motion for re-opening the case. No lawyer would take my case because I only have three days to appeal and they tell me that that is not ample time to prepare. I can just start all over again and resubmit all of my information again and pay all fees and wait years again. Can someone tell me.............the chances of my appeal to get approved? Are there very strict limitations to their appealing process????? Or should I just start all over again and resubmit my EAD, I-485 and all of my biometrics and pics????? Or should I have faith in the system and go with the I-290B (motion to reopen)????????
Thank you
:confused:
 
I would try motion to reopen... try to consult a lawyer, to get more info what to submit. If you received mail late, do a photocopy of the envelope with mail stamp showing date, and attach to submission, also write a statement that you never received the appointment letter and sign it. Then if it does not work you can resubmit I-485.
What is your status now, if you are in H-1/4, you can re-submit I-485, if not (EAD), you maybe cannot until you get back in status (consult a lawyer). Maybe you have to go back to your country and return with H-1 and then resubmit.
Just my opinion...
 
thank you very much for your reply, but.................

I am applying for my papers through marriage. My daughter was born here in the States and I entered the USA legally. The envelopes have been postmarked with the right dates, however, I received them late................too late. My daughter and my husband are citizens, bith being born here in the USA. If I were to send a motion to reopen, would anyone know how long it takes????????
 
Do not you worry

Send motion to re-open. If it does not work, you still can submit another I-485 as long as your original I-130 is ok. You are not gonna have any problem what so ever as long as it is a married based green card. You need to talk to a good lawyer about that.


Goodluck.
 
The suggestions about the motion to re-open should be well heeded.

This is what my lawyer did when it happened to me. I also wrote a letter to my senator. Do not underestimate the effectiveness of this approach. I was utterly suprised that someone from the office of the senator (Ted. Kennedy in my case) even called and wrote to me about my case. In your letter, explain the reason in a plain and straight forward way. Also tell him/her that you have been a valuable employee and have contribute positively to your company. Don't forget to mention any community services you've done, that could help tremendously.

Good luck!
 
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