I-485 denied

L

longwait98

Registered Users (C)
My I-485 has been denied, saying that I never responded to fingerprint notices. I or my lawyer never received the Fingerprint notices. My lawyer is trying to open the case again.

My first fingerprints expired in Mar, 04. I was waiting for the second fingerprint notice.

Problem: I am in India on a business trip. My wife and kid are in U.S.
Can I still use the advance parole to come back to U.S. or will I face problems at port of entry, since the I-485 has been denied. It may take a while before the case is opened.

Any feedback is appreciated.

ND and RD dates are January 2002.
 
Your lawyer has to help you big time here. There are others on this forum who might know more about this case like poongunranar. Feel extremely sorry for you and hope you get out of this mess really very soon.
 
lonwait98,

How long does your lawyer say it'll take for the case to be reopened? When you arrive at the POE, the officer will check to make sure that your I-485 is pending -- I don't think you should try to return before you know for sure that the case has been reopened.

It appears that your online status did not change when CIS supposedly issued you the second FP notice -- clearly that, in itself, is grounds to reopen the case. Perhaps your local Congressman/Senator can be persuaded to help speed up the case re-opening. Ask your wife to immediately contact the local Cong/Senator while your lawyer follows his/her own channels of communication with CIS. Hope the mess is sorted out quickly.
 
With all the disorganization at USCIS, its scenerios like this that fear every single day. I hope your lawyer can reopen the case, its clearly not your fault.
 
hi longwait

Sorry to hear that. Did you change your address and hence the FPs went to the old address? Did your online status change when they sent you a note for a second FP?

thx,
Spatakus
 
was it denied or
Intent to Deny notice...

cause if it is Intent to Deny notice...then you are ok to come back in the country...
 
I am sure they can't deny just becz lost FP whish seems common.

btw undeliverd mail returned to USCIS and they put in file for records,
seems ur case FP mail never returned to them and assumed.

the notice would be ;Intent to Denial' notice not Just straight Denial.
recheck with ur attorney.

You can return on AP with no issue becz even ur case denied the Reopen case time frame their . ask ur attorney and if possible also contact LongGC(fourm-member here) he has similar issue ..... search his name and contact him.

don't worry and don't panic........ ask ur attorney to double check/fax u copy ot give it to family member. read urself.

and even that is dinial ..... don't worry this is new procedure to TSC that if manadotary docs not submitted, they ususly issue Intent to Deny or sometime direct deny to reduce their GC queue....

Again I am assuring u THEY CAN NOT DENY just becuase FP not done to any reason.

Don't panic, relax, smile :D , contact ur attorney , come back. everthing would be fine.
Do trust on GOD/Baghwan/ whatever u believe. if there is G.C written in ur luck You and your family would get it, and noone can stop it.


Good Luck
 
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Thanks everybody for the support. It was denied not 'intent to deny'
I never changed address. USCIS never sent the fingerprints. My lawyer is working on paperwork to re-open the case. At the same time, he is trying to get in touch with 'Director of Quality Control' at USCIS to re-open the case. Apparently this person was out of office last week. Hopefully he will come back this Monday. My lawyer thinks, it will take about 7 to 14 days to re-open.
 
longwait98

I feel really sorry to hear about your case. I hope/believe that your case is reopened soon.

Good luck.
 
Seems they are trying to reduce GC queue if they have any reason , all they got is 'FP call is ignored/not responsed'. in your case and their records showd tat mail was sent and delivered(noone know what happened to mail), and applicant was punished. I am sure ur attorney would not face any issue and case would resumed and approve soon. :D .

No dought situaiton is scary and painful and hurts. but seems they are implementing zero tolreance policy even it is not ur fault. they are trying to reduced backlog in GC pipeline. keep us udpate.


Good Luck and hope soon u would get good news about ur case. :D
 
longwait98

This is very unfortunate. While your attorney files a review petition immediately, ask him to see if an emergency parole can be applied for you to even be brought into the US for a MTR.

If you try to enter the US right now, you may be in trouble as they may stop you at the PoE. At times, there have been some oversight as well. So, if a MTR is filed and your attorney faxes you that copy, you may take the very high calculated risk to enter with your AP.
 
I believe he would be allowed without any problem he has valid AP.
and there is Apeal timeframe for pettiton, once case closed(which is not) and there is no other other source to maintain Status then he would be asked not to stay more than certain period of time in country.

Having copy of petition "Motion to REopen case/petition" would be great but shouldn't show at entry unless asked. rule is simple 'didn't ask didn'te tell' just show the AP+Pasp+Photo ID etc.

Good Luck
 
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