I485 - Denied after waited 7 yrs

A

anandsbr

Registered Users (C)
Guys,

VSC has denied my I-485 due to lack of documents. I received a letter stating that since I did not send employment letter, medical and a copy of I-140 as part of RFE, they denied my I-485. Since I got the letter today, I could not get hold of my lawyer. but I believe we sent all of them.

My question is letter says this decision may not be appealed. but also it says if I disagree with this decision, I can open MTR. I don't know what is true.

Please help if you were in this situation.
 
Hi Anandsbr

I am very sorry for that... Now you will gather all documents what ever u r letter needs from USCIS ..
don't wait take action ASAP go to u r attorney meet him personally and apply MTR/ Re-open/ Appeal with in 30 days..
after that just pray God, u will get approval next couple of months
faith and positive then u will be okay...

thanks
 
I-485 Denied

Yes. They have denied saying that I have not sent Medical, Employment letter and the copy of I140 as asked in RFE. As per my lawyer we have sent all of the documents and he wonders too about this hasty decision.

Now my lawyer says we will open MTR for my entire family. The thing is they rejected my wife's and daughter's 485 because of primary (me) application was denied. When I open MTR, should I just do for myself and they would automatically take care of family applications or file three separately.

Any idea as to how long they take to re-open case till they make a decision.

Appreciate your reply.
 
I am so sorry to hear your news, you must file a MTR asap, send everything certified mail with a request for a return signature/proof of delivery
 
anandsbr said:
Yes. They have denied saying that I have not sent Medical, Employment letter and the copy of I140 as asked in RFE. As per my lawyer we have sent all of the documents and he wonders too about this hasty decision.

Now my lawyer says we will open MTR for my entire family. The thing is they rejected my wife's and daughter's 485 because of primary (me) application was denied. When I open MTR, should I just do for myself and they would automatically take care of family applications or file three separately.

Any idea as to how long they take to re-open case till they make a decision.

Appreciate your reply.
Click to expand...

Need to apply the MTR for each applicant separately. There is fee ( I guess it is around $300) for each person.
 
anandsbr

this is what happened with us 2 years ago.they denied our all 5 applications ,one principal and four dependants.they took this decsion for some stupid reason.our lawyer filed motion to reopen for only principal applicant (my husband only) and it took 4 months for them to open the case but mine and my kids case was remained closed for 2 years.we had no idea that all 4 files are still closed I came to know when i applied for work permit and it got denied .then we called many times and our lawyer send them e mails .finally they opened and called us for interview in august and now we r waiting for visa availability. sooooo in short dont waste time apply quickly and apply for all three of you ( seperate applications) it will take 2 or 3 more months but everything will be fine..
 
Sorry to hear that.

Dont loose hopes, just file MTR with good lawyer, you have better chance to approve at centre itself.

I mean when you file your MRT first it goes to the concern officer then if he doesn't agree then it goes to the Adminstrative appeal officer.

In your case you have bright chance to approve at IO itself without going to APPEALS body.

Dont loose the hopes, you will be alright.

Tnx
Vasu
 
Thanks for the input

Thanks guys for the input.

I have started collecting medical and other necessary documents and will file separate MTR for each member of my family.

I am still keeping faith that something will happen soon.
 
I am scared too

anandsbr,
I am so sorry to hear that. In my case also the lawyer did not file the medicals when submitting for 485 in 2004. Can you please tell me if your lawyer had recevied the RFE and did not tell you or was it that your lawyer did not get the RFE at all. I am asking this as I am scared too since my medical is not submitted and I have a lousy lawyer who can do the same thing with me i.e not tell me as well if I get an RFE.
Also please file your MTR ASAP and try to get better lawyer than what you have.
Please Reply
Thanks
khadash
 
anandsbr... A few questions.

1. Who is your lawyer?
2. Is it a company lawyer?

If it is Yes, then the lawyer is telling lies. I have been in similar situation. The lawyer keeps telling lies upon lies and does not reveal true situation. There is always a collusion between employer and employer's lawyer to keep you on the company payroll, by delaying your GC case for the longest time.

How is it possible that document is enclosed and adjucating officer does not see it? Can you explain this?

You need to find another lawyer and respond appropriately.
 
Did not inform me first

khadash said:
anandsbr,
I am so sorry to hear that. In my case also the lawyer did not file the medicals when submitting for 485 in 2004. Can you please tell me if your lawyer had recevied the RFE and did not tell you or was it that your lawyer did not get the RFE at all. I am asking this as I am scared too since my medical is not submitted and I have a lousy lawyer who can do the same thing with me i.e not tell me as well if I get an RFE.
Also please file your MTR ASAP and try to get better lawyer than what you have.
Please Reply
Thanks
khadash
Click to expand...

Well, lawyer first did not tell me properly as to what all needed. I first fedex whatever he asked me. Second time I got another mail asking for more and that time he asked my medical. Since I have already given medical when I filed I-485, I just sent a copy of proof that I had given medical before. but USCIS denied that my medical document was not enough to satisfy them. So now I am going to get another medical and file MTR along with other documents like employment letter and a copy of I-140.

Since I did not get an RFE and my lawyer got it, I did not know clearly that what all documents they needed.
 
Yes.

worrieddude said:
anandsbr... A few questions.

1. Who is your lawyer? Yes company lawyer
2. Is it a company lawyer?

If it is Yes, then the lawyer is telling lies. I have been in similar situation. The lawyer keeps telling lies upon lies and does not reveal true situation. There is always a collusion between employer and employer's lawyer to keep you on the company payroll, by delaying your GC case for the longest time.

How is it possible that document is enclosed and adjucating officer does not see it? Can you explain this?

You need to find another lawyer and respond appropriately.
Click to expand...

Well, it is a company lawyer. Yes I suspect as to how they did not see documents which were sent to them as claimed by my lawyer. I would say onething is when RFE came, my lawyer did not communicate to me properly as to what documents needed.

I am gonna talk to another lawyer and take necessary action. Only worry is since I have to file MTR within 30 days and medical takes 7 to 8 days to get a report i am worried to seek new lawyer's help at this time.
 
Sorry to hear that.
Get your lawyer to help you out here.
If you have prove that all the documents were sent to the USCIS in a timely manner then you should get the help of the Ombudsman also. They may be able to reverse the decision.

Good Luck !!
 
MTR Filed

Guys,

I have filed MTR with all documents for myself and my family separately. Fedex shows that Service Centre received them. My lawyer reviewed with me the copy of appeal before mailing them to VSC.

Hopefully they will re-open my case soon and take a right decision.

I went with the same company lawyer trusted him.

God only knows what would happen.

Anyone knows that how long they would take to re-open these kind of cases.
 
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