I-485 Denied WITHOUT A NOTICE

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brunette1130

Registered Users (C)
I filed my I-485 33months ago. Today I found out ( via info pass) that they declined my application on March 6th, 2006. Immigration Off. told me that they mailed me a notice, but I didn't receive anything. So now, I dont even know the reason why they declined it. My D/O is NYC. I dont know what I have to do next. I am so tried and sick of this none sense! I dont want to wait another 3 years to get the interview. Please help me folks. How can I find out the reason why they declined and do I have to re-file or is there a way to re-open the file. And you know what is the funnies part, They approved my 3rd EAD on March 22nd 2006. PLEASE HELP ME, I DONT KNOW WHAT I SHOULD DO NEXT. Thanks.
:confused:
 
I-485 Denial - Don't worry

Contact a good attorney and discuss about filing for Motion to Reopen. In the mean time send a letter to INS service center along with a notorized signed affidavit describing the sequence of events such as your filing date, infopass appointment and related discussions.

INS will arrange to send you the copy of denial. You may file Motion to Reopen based on the denial reasons.

Be careful in selecting attorneys and discuss the situation in detail before signing G-28 and other contracts with the attorney. Some might charge you hefty fees.

Best of luck!
 
Thank you for your reply GrimJudge. I filedG-28 with my previous lawyer, and he refused to forward or give me any info about my case. I am thinking that ins just considered my case was abandoned. That might be the only reason I can come up with. Do you think I should re-file it or I should fight for re-open the file? I just need the quikiest solution as My sisters wedding is coming up in september, and I need to travel overseas.
 
File for Motion to Reopen as soon as possible!

Hi,

If you do not have all copies of I-485, I-140 filings, request them from your previous attorney immediately. Incase, if your old attorney is not cooperative talk to any other immigration attorney about this situation. Prepare a sworn affidavit listing all dates of filings, your telephone discussions with the INS customer service, Details of inforpass appointment and get it notorized.

Prepare a covering letter to INS listing the reasons/circumstances of your case emphasizing the part that you have not received the denial notice and as such you are not aware of the reasons for the denial.

Send this letter alongwith the the notorized affidavit by certified mail with return receipt to INS along with the copies of I-485 acknowledgement letter and other documents you have in possession.

Prepare a detailed letter to your congressman/senator of your city and mail it to him/her immediately. Keep copies of all correspondence.

It is preferable to do all of the above within 2-3 days.

Good Luck!
 
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Don't I need to find out about the reason why it was denied before I file to motion to re-open. I have the copy of my I-30 AND I-485.
 
Reason for Denial

Hi,

Before filing the Motion you must have the reason for denial. However, you have to communicate with INS either through mails or by phone (customer service) and requesting for the copy of the denial notice.

You can file the Motion only after getting the denial notice.

It would be risky to proceed with travel plans before reopening the I-485.

Hope this helps! Good Luck!

gj
 
Hi Grimjudge,

By the time I find out the reason for denial and get approved for motion to reopen, a few months will pass. So I am planing to start all over again since there is no guarantee that they will open my case. Do you think am I making a mistake? My DO is NYC and Cas was denied on March 6th 2006. I just need the quickest way to the interwiev.
 
i think it is important to find out the reason of denial in order to proceed in the right way. How will you be able to correct mistakes if you even do not know what they are???
 
Motion to Reopen

Hi Brunette,

In the current situation, it would be to your advantage to file for Motion to Reopen after getting the denial notice. If you plan to restart the whole process again, then you will be the last in the line and might have to wait for another 3-4 years. You can decide about refiling for I-485 after knowing about the reason for the denial.

I do not see any harm or big expenses involved in sending a letter to INS along with the affidavit, requesting them to send you the copy of denial notice.

You may have to retain an immigration attorney for filing the Motion to reopen.

Best of Luck!
GJ
 
I realy dont think that they will re-open my case, since it has been 2 months already. I will just re-file everything. Do you know how long is the usual waithing for the interview in NYC.
 
I do not see how you can re-file if you did not know the reason your first application was denied :confused:

I remember there is a part in the application form that asked if you have applied before, what is the result, attach all necessary document. What do you intend to put there?

My suggestion is for you to call the 1800 number and have them send you your denial letter and you can them proceed from there.

Best of luck
 
Same situation here...But wish us the BEST LUCK!!!

Hi there, feel sorry for your story. But, you are not alone!!!

I'm in NYC, 30 months past from today for my I-485 application. I just got back from USCIS this morning. Found out that my case was DENIED without any reason. I did not move in the past 30 months and did not receive any letter or notice. I'm pissed actually.

I spoke to an immigration officer this morning, she said my case was denied in Sep 2005. I did submit a I-485 application and I-765 application at the same time back on 11/3/2003.

She never mentioned about reopen the case. Well, she sugguested me to file everything again. Means what I paid in 2003 was flying in the wind now, and the time I spent on it for 2.5 years was useless. The fee is increasing, we must pay more, but don't know what is waiting for us, maybe another denial.

Therefore, I don't sugguest you to attend your sister's wedding if you can not manage it. I was planning my trip for Sep too, until the immigration officer said I can not come back if my case is denied, even though I have an authorized parole for alien. The funniest part was, she found I had 2 Alien numbers in her system.

I'm having my hardest time now. Crying out for help, just like you, don't know where to start. I hate waiting especially this kind of waiting, it's really wasting time and money. But what else we can do?! I guess that's all we can do.

I asked her if it's better for me to get an attorney, she said that's useless. She explained that USCIS just updated the internal computer system, that's why she could only see I had 2 alien numbers and my denied case status. She sent me to room 1-120 on the first floor, the forms room. You need to get a form: G-639 in order to get a reason why they denied your case, that's how it works with NRC - National Records Center. After they closed your case, that's where your paperworks goes to.

The end, I'm still very upset about her. Because she was the one who assisted me in March 06. By that time my case was already denied but I didn't know it. I was asking about my case status the other day, she was like go away, all you need to do is to wait. I caught her this time, I told her she's the one who's not helpful, so she was like to make it up, but still, talking like a boss.

Contact me for anything. Could we keep each other updated here? Don't waste your time and money on lawyers, they don't know what to do either. I need to get a denial reason from them. Try to find the form online. Here ya go, I found it:

http://www.uscis.gov/graphics/formsfee/forms/g-639.htm
 
Hi - Can you please a brief background of your case

Did you get I-485/I-130 reciept letter from USCIS ?

Did you have any interview with them ?

Have you contacted USCIS since filing your case? What did they say your application was pending on ?

Did you get finger printing done ? If yes how many times?

Also did file for EAD or Advance Parole ?

Please update us when you have a minute

Thanks
 
i-485 Denied due to abscence on Interview-Please help

Hello Friend,

Please help me with your advice on I-485 as my application was denied due to absence at the interview time. Truth is I never received the interview letter and after 3 months they send a notice that my aplication was denied and when i enquire with them they are telling they send the letter to the address and it was never returned back to them as undelivered. I have't changed my address also.
I guess u have the similar situation before. Please help me what u done to solve this. The letter of denial mentioned that my ead is going to expire in 15 days.

I have contacted an attorney and is doing motion to reopen by paying $385.
Please advice me what u have done
Please help me, my email id is epurappad06@yahoo.com
 
You've contacted an attorney and he's doing a motion to reopen. Sounds like you're doing everything you can right now.
 
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