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Non-receipt of NOID or Denial Notice!!!
- Thread starter GrimJudge
- Start date
Do you know for certain that you got NOID?
GrimJudge -
Are you certain that you got a NOID for I-485? I am not sure how to establish the fact that USCIS did not send you a NOID in immigration court. However, I can recommend a few things:
1) If you already have retained a counsel for this case, check with him/her to see if he/she has a copy of your NOID. If you filed, Form G-28, Notice of Entry of Appearance as Attorney or Representative, your attorney would most likely have a copy of your NOID
2) File Form G-639, Freedom of Information/Privacy Act Request, to obtain a copy of your I-485. Your NOID will most likely be included as part of your I-485.
3) "MOST IMPORTANT" - Get a hold of Rajiv or other competent immigration attorney for their advice immediately (if you already have a counsel, for second opinion). Once your application is denied, I believe you will be out of status and you will need an attorney to represent you before the Immigration Judge.
Japanese
GrimJudge said:What is the recourse for non-receipt of NOID or I-485 Denial Notice ?
How to establish non-receipt of INS notifications in a court of law ?
Ginnu, UnitedNations and other senior members, Please post your thoughts!!
Thanks for your thoughts on this.
GrimJudge -
Are you certain that you got a NOID for I-485? I am not sure how to establish the fact that USCIS did not send you a NOID in immigration court. However, I can recommend a few things:
1) If you already have retained a counsel for this case, check with him/her to see if he/she has a copy of your NOID. If you filed, Form G-28, Notice of Entry of Appearance as Attorney or Representative, your attorney would most likely have a copy of your NOID
2) File Form G-639, Freedom of Information/Privacy Act Request, to obtain a copy of your I-485. Your NOID will most likely be included as part of your I-485.
3) "MOST IMPORTANT" - Get a hold of Rajiv or other competent immigration attorney for their advice immediately (if you already have a counsel, for second opinion). Once your application is denied, I believe you will be out of status and you will need an attorney to represent you before the Immigration Judge.
Japanese
Non-receipt of NOID or Denial Notice!!
Thank you very much for your reply.
I have not received any information from INS after filing I-485 on the basis of my approved I-140. First finger printing was done during June 2004 and I have changed job after 180 days of I-485 pending adjudication with a hope to get protection under the famous Yates memo. Change of address was duly notified to INS which was dutifully acknowledged by INS. Similarly EAD and AP was applied and renewed without any glitch. Unfortunately my old employer has withdrawn the approved I-140 sometime during February 2005, which has resulted in the denial of I-485 application. I was not informed of any of these developments and my old attorney also was not aware of these changes. I presume my old company directly filed the withdrawal of I-140 with the INS.
As I have not received any information about the finger printing (which was due to expire by August 2005), I have contacted INS customer service and was advised that my case is pending and there is no information available regarding finger printing. I have scheduled an appointment with the local INS office through info-pass and was surprised to note that my 485 was denied and the 140 was withdrawn. I could not get any reasons for denial or any written documents to that effect. As you have rightly suggested I have filed Form G-639, under Freedom of Information/Privacy Act Request, to obtain a copy of my I-485. As there are some 65000 FOIA applications pending to be processed, I hope to get those documents positively sometime in the future.
I have filed a Motion to Reopen/Reconsider my denied I-485 application. The motion was processed in a lightning speed (within -3- weeks) and my case is reopened for further processing.
Following are my questions:
How to prove that I have NOT received any denial notice or NOID from INS ? (This is important since my illegal presence will start from the date of denial, even though this view is against all Justice, Equity and Good Conscience)
If a person is not informed of any illegal presence, how he will be able to know that he is living here illegally?
Since my case is reopened for processing, can I file for renewal of my EAD?
I greatly appreciate your views on the above.
Thank you very much for your reply.
I have not received any information from INS after filing I-485 on the basis of my approved I-140. First finger printing was done during June 2004 and I have changed job after 180 days of I-485 pending adjudication with a hope to get protection under the famous Yates memo. Change of address was duly notified to INS which was dutifully acknowledged by INS. Similarly EAD and AP was applied and renewed without any glitch. Unfortunately my old employer has withdrawn the approved I-140 sometime during February 2005, which has resulted in the denial of I-485 application. I was not informed of any of these developments and my old attorney also was not aware of these changes. I presume my old company directly filed the withdrawal of I-140 with the INS.
As I have not received any information about the finger printing (which was due to expire by August 2005), I have contacted INS customer service and was advised that my case is pending and there is no information available regarding finger printing. I have scheduled an appointment with the local INS office through info-pass and was surprised to note that my 485 was denied and the 140 was withdrawn. I could not get any reasons for denial or any written documents to that effect. As you have rightly suggested I have filed Form G-639, under Freedom of Information/Privacy Act Request, to obtain a copy of my I-485. As there are some 65000 FOIA applications pending to be processed, I hope to get those documents positively sometime in the future.
I have filed a Motion to Reopen/Reconsider my denied I-485 application. The motion was processed in a lightning speed (within -3- weeks) and my case is reopened for further processing.
Following are my questions:
How to prove that I have NOT received any denial notice or NOID from INS ? (This is important since my illegal presence will start from the date of denial, even though this view is against all Justice, Equity and Good Conscience)
If a person is not informed of any illegal presence, how he will be able to know that he is living here illegally?
Since my case is reopened for processing, can I file for renewal of my EAD?
I greatly appreciate your views on the above.
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