Motion To Reopen(MTR) denied

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pleasehelp123

New Member
I applied for my GC through my wife in Nov 2002. Recently I got a letter from INS that my I-485 was denied because I did not appear for the finger print.
But neither me nor my lawyer got the letter for the finger print. So we applied the Motion To Reopen(MTR) in Feb 2005. After 4 months I received a denial of MTR again. What should I do next?
 
Sorry to hear that...

1. Did you or your Lawyer change the address since you filed I485?
2. Did you or your Lawyer informed USCIS about change of address and have proof that you informed USCIS within required time? (10 days).

If No for #1 or Yes for #2, then you could sue USCIS. You may want to keep the mails received from USCIS to your current address.

Good Luck.
 
Sorry to hear about it,


But don't worry, the reason based on they made decission is not enough to stop you for reapply 485.

Pursuing more the denial of MTR it won't worth you, face the real situation and file again a new 485 and be hopeful.

Sometime in life things doesn't go as we expect, we don't know the reason but God knows, there would be some good reason in your favor, so accept it with open heart, think on this way if God has written GC in your luck it would come on right time,

Be hopeful and re-apply 485. and trust on God everything will be fine.


Wish u good luck
 
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I disagree with POJ. Accepting what happens in life and fighting for what is right are two different things.

Iam not sure what is your EB category/retrogression implications.. If they can deny because you didn't get FP notice, then they should send the notice in FedEx or similar where they have a tracking#.

No one in US does business with normal mail for important documents. Why should USCIS do so?

My advice will be to sue them, of course Iam not an attorney.
 
I agree ,don't let them go

When they send FP notice,they must update status.Once they don't get FP in time,they must inform u the intent to deny.After all by calling them u have clearly said ur intention of not abanding 485.Now why they should not sued ? atleast in court some will have to justify this arrogance.BTW what more u are going to lose ?
 
You never knew when they will send you a finger print notice, some are getting in 10 days and some after 2 years. You win if you sue.
 
Thanks all of you for an advice. I have talked with my lawyer today and he said that he does not know what to do in this situation :(. He also said that we can not reopen the file again. Is that true? Can we reapply for 485 from the start?

Thanks
 
Consult another lawyer too to get an opinion - seems like you have an incompetent lawyer.

1q2w

pleasehelp123 said:
Thanks all of you for an advice. I have talked with my lawyer today and he said that he does not know what to do in this situation :(. He also said that we can not reopen the file again. Is that true? Can we reapply for 485 from the start?

Thanks
Click to expand...
 
Hi

I am not sure but think your lawyer is right. Your motion to reopen has been denied so this is a final decision on this application however

If I were you I would write a detailed letter to your congressman and odbusman you never know it may help

The Motion to re-open must be filed in a timely manor (30days I think) was it sent in the time frame?

In the meantime re apply as now denied you are or will be out of status with all sorts of concequences. I guess your work autho etc., is now also cancelled???

At least if you have another application pending you may remain till a decision.

Seek alternative legal advise URGENTLY and make sure they are a member of AILA or AILF

Let us know how you get on as your case may well help others

Good luck

Sue
 
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