I485 Denied - Clear USCIS Error. However, did we screw up response in I-290B form??

1

10dulkar

Registered Users (C)
All - i am in a real soup. Would really appreciate your help and guidance here

  • I have an approved I-140 and my firm filed for I-485 for me and my spouse in August 2007. We both also received our EAD cards and AP.
  • In December 2008, the USCIS denied our I-485 with the reason that my I-140 has been denied, and hence the I-485 is also denied. However – my I-140 is very much valid and has not been denied.
  • Here is what led to the confusion: my spouse had also applied for his I-140 through his company. His I-140 was denied due to 3-year undergraduate degree not being equivalent to a US undergraduate degree. Since his I-140 was denied, USCIS assumed that his I-140 was the underlying I-140 for our I-485 – but that is not the case. It is my I-140 that is the underlying I-140, not my spouse’s.
  • Our EAD cards have not been explicitly cancelled or denied.
  • We filed an MTR in Jan 2009 informing USCIS that this is a USCIS error and requesting them to correct the situation. We received a receipt notice from USCIS informing us that they have received the MTR.
  • Our I485 status has just been updated online – the status now says: Case sent to AAO for review.

I have the following questions (Updated):

  • We just checked our form I290B which is the MTR form, and in Part 2, we have checked Option # 1 – ‘Appeal’. However, on the cover letter we have stated that this is a Motion to Reconsider. How will this case be treated? Did we pick the wrong option? Should we have picked Option # 6 which is Motion to Reopen / Reconsider?
  • Is there a way to correct this situation?

Thanks a ton for reading!

Cheers!
 
Motion to reopen

Hi.

we also had our I-485 denied. The denial letter says that there is no appeal on this decision...so basically you can't file an appeal but you can file a Motion to reopen or reconsider. I've read about other people being in your situation and they had their MTR approved faster when the cited "USCIS error". But since they aacepted your application I don't think they will deny it just because you did't fill it iv the rightw way. They usually review it when received and won't accept it if it's not filed correctly.
 
10dulkar, my situation exactly like yours and we filed MTR on denied I-485 and it went to the appeal. I wrote a letter to USCIS NSC and explained the situation. I got reply from USCIS stating that right now they can not take any action until they get reply from AAO office. It been almost 2 years my case sent to AAO.

Let wait and see
 
After 2 years my I-485 which was under appeal has changed to Initial Review with below message.

"The I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS was transferred and is now being processed at a USCIS office. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center ..........."
 
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