i-485 got denied by mistake, urgent help need.

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foxgreatwall

Registered Users (C)
My lawyer received a notice that my I-485 got denied by BCIS. Both of us believe it is a mistake. I filed my I-485 on NSC (RD:12/23/02, ND:12/30/02). We don't think they are processing so recent cases. We suspect the reason I got denied is because I filed two I-140 petitions (NIW and EA), one got approved and one got RFE. So we withdrew one RFE. On April 8 they approved our withdrawal, consequently they also denied all my other cases (My wife and my I-485 and I-765) on the same day. So my lawyer suggest we should re-file our I-485 applications. He said reopen takes long time for BCIS to review. What is your opinion?

My lesson is:

Don't write a letter to withdraw another case if you have your one I-140 approved. If you want to write, you must ask your laywer to point out you have another case got approved. (I was screwed by my lawyer not mention it).

If I re-file my cases, can I get filing fee waiver? Do you think it is better to call them to correct this mistake?

I feel so sad, so depressed. Any words would be greatly appreciated. Thanks.
 
I feel very sorry for you man. Yours is a very strange scenario and I too agree with you that it is an administrative mistake. You may want to follow your lawyer's advise or if you do not have confidence in your present attorney look for a new comepetent one who will pay detail to your case. I do not think you can get any kind of fee waiver anyways. Good luck to you and keep us posted.
 
Hi

I also feel very sorry for you. I think it is not your fault as it is only clerical mistake from the INS. My suggestion is write a detailed email to your senator expain your situations and let them contact INS. I know people contact senators if visa of spouse(out side US ) is denied. Just a suggestion. I don't think calling INS will help.
All the best.
 
refile immediately. then try other options. dont waste time. get hold of a senator and show the denial letter. they will give you some suggestions or atleast they will write a letter to INS
 
Thank you for all your advice. Yeah I will re-file ASAP. I just called my lawyer and he said no need to write a letter to my senator. DO you guys think I should write this letter without letting my lawyer know? Thanks.
 
Just wondering, if 485 is denied, do we go out of status! And if H! is expired do we need to leave the country! If yes in how many days!:confused:
 
you can contact senator without your attorneys knowledge. but if you go with your attorney cooperation things will be very smooth. refile asap and give old and new LIN numbers to senator and request them to write a letter to INS explaning the mistake done by INS. This will help in expediting your case. this is just my advice.
 
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