I-485 denied

P

pazzy65

New Member
Hi!!

I received a denied letter from INS stating " Based on being the spouse or child of another adjustment applicant or of person granted permanent residence". Section 203(d) . Im applying I-485 EB3. I asked my lawyer about and said sometimes INS make mistakes. Pls someone help me what to do. Can I appeal to them ? I have my visa screen now. I-I40 approved.
 
Youe need to file a MTR with USCIS. They will reconsider your case in about 30 days. This seems to be a mstake from their side, but you will have to spend hunderds of dollars. All the best.
 
steeler1 said:
Youe need to file a MTR with USCIS. They will reconsider your case in about 30 days.
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Yes...you need to file MTR(Motion To Reopen). Contact your lawyer on what documents you need.

steeler1 said:
This seems to be a mstake from their side, but you will have to spend hunderds of dollars. All the best.
Click to expand...
You need to send a cheque for about $110. Additional costs depend on how much your lawyer wants to charge you.

Don't worry...if you think it is a mistake on USCIS's part, make sure you appy for an MTR asap eventhough you have 30 days from date of denial.

I had applied for an MTR and my case was reopened within 2 weeks and approved very soon thereafter. But approvals are case dependent. Contact your lawyer asap.
 
pazzy65 said:
Hi!!

I received a denied letter from INS stating " Based on being the spouse or child of another adjustment applicant or of person granted permanent residence". Section 203(d) . Im applying I-485 EB3. I asked my lawyer about and said sometimes INS make mistakes. Pls someone help me what to do. Can I appeal to them ? I have my visa screen now. I-I40 approved.
Click to expand...

You may ask for re-openning your 485 app since you got visascreen. Talk to your lawyer to re-open 485 otherwise you have to refile 485 and pay the processing fee and attorney fee if you have lawyer to do it again. Did you get NOID before your 485 was denied or you just got the denial notice directly.
 
sharpieterk said:
Yes...you need to file MTR(Motion To Reopen). Contact your lawyer on what documents you need.


You need to send a cheque for about $110. Additional costs depend on how much your lawyer wants to charge you.

Don't worry...if you think it is a mistake on USCIS's part, make sure you appy for an MTR asap eventhough you have 30 days from date of denial.

I had applied for an MTR and my case was reopened within 2 weeks and approved very soon thereafter. But approvals are case dependent. Contact your lawyer asap.
Click to expand...

Sharpieterk, can you tell me how to file MTR? Can I file it by myself if necessary because I filed 485 by myself without lawyer? Thanks a lot.
 
I don't know the details to file for MTR since I had a lawyer do it for me. Sorry...but I do know that you have 30 days, from date of denial, to file for MTR.
 
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