I-485 denied, please help

G

GC Denied

Registered Users (C)
hey people,

Spoke with an IIO and was told that my I-485 has been denied. The IIO said that a possible reason for it could be that my file was, in error, sent for Consular Processing.

The case was denied on Feb 18, 2001 but they will be issuing the written denial only in mid July. My lawyer says that there is nothing we can do till the denial letter reaches him.

I have been laid off for a while but have an offer now. Unfortunately, my EAD runs out in the end of June, and even though I have sent for a renewal some time ago, with the I-485 denial, I guess the EAD is not going to come through.

A few things that I need your help on:
1. The best lawyer you know. Also, can the lawyer do anything BEFORE the denial letter is sent?
2. If the denial is because of a mistake made by INS, is there anything that I could request them to do?
3. Even if the EAD runs out, is it OK for my wife to continue working. It is tough to survive without an income.
4. Any suggestions??? I would love to be able to take the job offered.

Thanks
 
No Title

GCDenied,
Sorry to hear about your case.

What I don\'t understand is - you claim your GC was denied on Feb 18, 2001. If that is the case, you should have got an earlier notice - an intent to deny - which should give you the reason(s) INS has to INTEND to deny your I-485 petition. This intent to deny notice should also give you a time period in which you can dispute the ruling made by INS, failing which INS will actually send the denial letter. This has been my understanding of the process.

Are you or your lawyer in receipt of the "intent to deny" letter? If so, that may have some details that you are looking for presently. If you have received no such notice, then it is quite possible that the notice to be sent out in mid-July would be an "intent to deny" letter. Talk to your lawyer on this.

One thing is certain - you will need a very good lawyer from now on. Start interviewing immigration lawyers in newarby cities and identify one lawyer who you think would be able to handle this. I don\'t think you can do anything much until the letter actually shows up.

On the EAD issue - I would strongly suggest you get a lawyer\'s opinion. If she contiues to work on an expired EAD which is linked to a I-485 application which has been denied, she may be technically out of status, and this could jeopardize her GC processing in future. Think about all the options, talk to a lawyer and make a well-researched decision. Do not panic and act in haste!!!

I pray that you find a good workable solution to all your problems soon!!
Best of luck

Take Care,
Shahenshah
 
No Title

Here is what you need to do...
1. Do not panic.
2. Your EAD would go through.
3. If it is an INS mistake and you have proof for that you can take legal actions (per some web-site that I was browsing.)
4. Accept the new offer if you are interested and relax.
5. Everthing is going to go fine (maybe it takes longer, but you will get favorable results.)
 
No Title

I agree with above posters.

If INS is sending Intent to deny notice, You application for AOS is still under pending that means your are eligible to get EAD under pending AOS. Visit your local INS office to get a temparory EAD card to continue to work mean while you dealt with your Intent to deny case notice.

I wish you GoodLuck and pray the god to give you strong determination in fighting your case. You will succeed in your case ultimately, don\'t lose hopes at any stage.

Talk to more immigration lawyers for their views on your case.
 
No Title

hi guys,

thanks for your support and kind words.

I would like to clarify my understanding of things from your posts, and see how that translates into actions items:
Firstly, there is a chance that I may get my EAD, because what the INS is going to send in July is an Intent to Deny, which means that my application is in Pending status today, and I may be able to get my EAD with this status.

However, when I spoke with an IIO, he said that the local office of INS will NOT give me and EAD with that denial on my record.

3 other things that I should try are
1. Maybe seek some Congressman\'s help
2. Try to fax Vermont director and hope that he will help me since there is a possibility that the mistake was from the INS. Anyone knows the fax number?
3. Find a good lawyer. The best possible. Anyone has any recommendations?
Thanks for all your help again.
 
No Title

You can try Fragomen, Del Ray, Bernsen and Loewy in NY, NY. They are one of the best immigration attorneys and all really really BIG companies use them. They also have a lot of influence with the INS.
 
No Title

Hi ,

Sorry to hear about denial.

Even thou\' I don\'t know any good lawyer.

I have hear sheela murthy is a good lawyer.

See if you want to get in touch with her.

www.murthy.com for details.

GOOD LUCK.
 
No Title

GC Denied ,

Can u please post your case details????

did your I-140 was approved for CP???? Why did they send the file for consular processing???can u please elaborate some details

Thanks
 
No Title

I am amazed that no one here is mentioning Rajeev S. Khanna as a lawyer who could help GC Denied. I have seen people clamoring for Rajeev\'s free advice; everyone who has posted messages above are doing so on the web-site Rajeev is responsible for creating and maintaining. But when it comes to suggesting "the best lawyer you know", we hear names like "Fragomen, Del Ray, Bernsen and Loewy in NY, NY", or "sheela murthy". There is something wrong with this picture.

My personal experience with Rajeev is 4 yrs old. Once I e-mailed a question which he answered over the phone (he paid the long distance). The second time was when I needed some serious advice. I mailed him a check for his consultation fees and he called me back and we had a telephone consultation. I did not hire him only because my wife\'s employers had lawyers on retainer to handle immigrations matters and they insisted that we use them. But I will tell you this, the consultation fees I paid Rajeev was the best $100 I spent in the pursuit of my greencard. If I were to need an immigrations lawyer now, I will go to Rajeev without any hesitation.

Amar
 
No Title

Sure,

here are the case details:

I do not remember the dates I applied for labor, and I-140 etc. If someone really wants to know, I can look that up
Applied for I 485 in April,00
Finger Print Oct. 00
Denied Feb. 18, 01
Found out about denial, June 01, after speaking with IIO

Never did request Consular Processing so I have no idea how the file went to NVC and what caused the denial.

My only advise to everyone is to not wait to hear back from the INS, or assume things are proceeding well if you do not hear from them. So many here, on this board, have been pro-active about their cases, and that is definitely the way to go.

Thanks
 
No Title

Thanks for sharing the info.

First of all we can’t say any thing with out knowing the reason for denial.

Some how u needs to get the denial notice and u should act from there. What is your lawyer saying ???

We can find out is our I-140 is approved for CP or not by looking at the I-140 approval notice.

Even though if your I-140 has approved for CP, still it should not cause any problem. It’s our decision to make what we want, either apply for I-485 or go for cp.
 
No Title

Hey guys

What makes you sure that I will get the EAD?

Also, I would gladly take the offer, but when the employer asks for papers saying that I can work for them legally, what will I present them?

If my wife continues on her present job, past the date when our first EAD expires, how does the INS find out about it???
 
No Title

We are being fooled by some one as GC denied, look this guy posted in TSC and other places too, hypothetically wants to understand what will happen in case it is denied. When he posted in two or more, like TSC, VSC chats, he did not reply for any one, just reading the chat.
Guys do not be fooled!
 
No Title

GC Denied, Do not loose hope. Wait till the letter comes, who knows the IIO may be wrong or the supervisor my approve it.

I do not understand the problem. Did you apply for CP or file Transfer?

Now, even if it is a denial you can get a motion-to-reopen the case if you have evidence to prove the denial is wrong based on the new information.

If that is not the case, you can also appeal the case.

If it is 3 months or more after EAD RD, you may try an interim EAD from local office.

There are many good lawyers, talk to a couple of them and find out who is willing to walk the extra step.

Wish you good luck.
 
No Title

No desktop,

you are being suspicious without a reason. I had the \'GC Denied\' ID but forgot the password.

I therefore took another ID. Why would I make up this shit? You know, lets just say that if I am lying this should really happen to me, and I do not wish this upon you or anyone, no matter how suspicious they are.

Also, if you can read, please do notice that I have replied to everything anyone has asked.

Thanks
 
No Title

Myladoor,

not losing hope. Thanks for the concern though.

The problem is that the IIO said that:
1. They denied my I-485. From reading this board, I think he may have meant that to be an \'intent to deny\'. He also said that the file had been to NVC. This he recognized to be an erro since I did NOT apply for CP (wish I had!!)

2. I also have a EAD renewal that I applied late for. Sent it in April, Receive Date May 3, when it is running out end of June. The IIO said that he was not sure that it would get approved, since there was a denial on the I485. I read on this site that IIOs sometimes do not know much. I am hoping that to be the case, since some people say that as long as they have not sent out the denial, the case can not be considered \'denied\'.

3. I intend to speak with an IIO sometime this week to ask if they know the reason for denial now. If they do not, I will ask them why it has taken them more than 4 months (Denied on Feb 18) to send out the notice, and see if they can atleast hurry that up.

I am looking for a good lawyer, because since I have paid my old lawyer completely, he is not that interested in the case now. I do wonder if that will slow things up even further...Any ideas?
 
No Title

Hey guys

What makes you sure that I will get the EAD?

Also, I would gladly take the offer, but when the employer asks for papers saying that I can work for them legally, what will I present them?

If my wife continues on her present job, past the date when our first EAD expires, how does the INS find out about it???
 
No Title

Since the ID were mismatching, GC Denied and GC Problems, I had a doubt. Now, I am corrected and regret.

As many of us said, the monent I-485 denied, EAD does not have value too. You need to try H1B filing immediately, if you are allowed. When my EAD (second one) has not been approved, my lawyer informed me that I need to file H1B extension in order to continue working as that allows to work once filing.

You can choose Rajiv Khanna or shusterman or fragomen lawyers as they are very good in this field.
 
No Title

Just keeping everyone updated. Just in case someone is in shoes that resemble mine.

Checked with IIO today. They have \'denied\' the case, rather than \'intent to deny\'. I am even more confused. That must mean that they consider the case so weak that they just outright deny it.

Since they still do not know, or will not tell, the reason, I just have to wait to find out.
 
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