If you file an I-485, will you automatically receive a Notice of Action?

M

Mw1990

New Member
I need current answers to this question. A notice of action is also known as form I-797C, kind of like a receipt notice for the I-485. Even if your status is "in removal", can you still get the receipt for the I-485 even though it will be denied without a doubt?

I have an approved I-130 petition and have filed for an I-485 previously, but it was denied because the BIA denied the motion to reopen my case. I need this form (with the torch in the background) to get a license. I know my status adjustment will get denied but I'm willing to pay $1010 just to get a license. I need to know because I wouldn't want to waste that much money if I can't the form to get my license... crazy but I'm desperate. People have done this before but things have changed recently so I'm not sure if it's still possible.

I'm basically asking if any illegal immigrant files an I-485 and pays the $1010 fee, will they get I-797C form in the mail?
 
They can reject it without giving you a receipt notice, either by sending back the whole application package including the check, or sending a denial notice.
I'm basically asking if any illegal immigrant files an I-485 and pays the $1010 fee, will they get I-797C form in the mail?
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If it is obvious they don't qualify to file the I-485, they will usually get rejected without a receipt notice.

If the situation is such that the application requires a more thorough evaluation to determine eligibility, a receipt notice will usually be given, followed by a decision months or years later after they have evaluated the evidence.

What was the reason they gave for the original I-485 denial? I think you can still appeal to a higher court (i.e. higher than BIA).
 
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Mw1990 said:
It was denied because of violation of voluntary departure. Although, (and I don't mean to argue over semantics), the date they gave us to leave the country had already expired (a year earlier), meaning it was a physical impossibility to have left on a date that had already come and gone.
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What do you mean ... are you saying that on the day you granted voluntary departure, they gave you a deadline that was already in the past?
 
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