PD Not Current, I-485 Denied... please help.

Hi,

I never seen on the online case status that my case has been re-opened just like my wife's.

The bad news is, today, Feb 12, 2010, I received an update again for my wife's case. The current status of her case was back to the same status as that of December 8, 2009 when the denial notice was sent.

I also see an LUD of Feb. 12, 2010 for my case.

Any opinion why my wife's case was reopened on January 28, 2010 and then today it was put back to its previous status as of December 8, 2009?

Thanks,
akodyanoya
 
The update date is is February 12, 2010. But the message itself is exactly the same as that of December 8.Also I noticed that the status is back on the "Decision" step while the update I got on January 28, 2010 was on the "Post Decision/Activity" Step.

Please see the message blow dated Feb. 12, 2009. The message dated December 8, 2009 is exactly the same as below. Do you have any idea why these kind of updates are happening? I have informed our new lawyer already but I have not heard from her about this yet.

By the way, we have submitted a G-28 for new lawyer for the MTR. Will it automatically revoke the G-28 of my former lawyer who handled our I485's? On February 4, 2010 we submitted a new G-28 for the I-485's and other related immigration matters related to it.

The last processing action taken on your case

Receipt Number: LIN**********

Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

Current Status: Denial Notice Sent

On December 8, 2009, we mailed you a denial decision notice for this case I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. The notice explains why the denial decision was made and the options that may be available to you. If you have not received this notice within 15 days of December 8, 2009, please call customer service at 1-800-375-5283 for further assistance.

If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.
Click to expand...
 
Hi,

I got the letter as quoted below through my attorney yesterday. Do you think we are safe now? I asked the same question to my atty but she said that we can't tell until we got the "decision". But looking at the letter that we got yesterday, I can say that we will likely get a positive decision and that our I-485 will be put to "pending" status again. Am I correct?

Thanks for your opinion.

DECISION
Reference is made to the Notice of Appeal or Motion, Form 1-290B, filed on 01/08/2010. You are seeking to
reopen the decision rendered by USCIS on 12/08/2009, denying the Application to Register Permanent Residence
or Adjust Status, Form 1-485, filed by you.

The motion as submitted has been reviewed. It meets the requirements of Title 8, Code of Federal Regulations,
Part 103.5 concerning the proper filing ofa motion. Accordingly, the request to reopen the previous decision will
be and is hereby granted.

The facts and issues in this matter were properly discussed in the decision, supra, and need not be repeated here as
they are a matter of record.

After a complete review of the record of proceedings, including your motion, the grounds for denial have been
overcome.

IT IS ORDERED that your application be reopened for further adjudication.
Click to expand...
 
Congrats, your I-485 is pending again.

But make sure you keep copies of that letter to send it with your EAD and AP renewal applications. Sometimes people who got denied and then had a successful MTR end up having their EAD or AP renewal denied because whoever processed it still thinks the I-485 is denied and doesn't realize there was an MTR. So you should send this MTR letter with the renewals to remind them that the denial was overturned.
 
Thanks Jackolantern

Thank you very much for the confirmation Jackolantern. I just sent my wife's EAD renewal today and I put this letter in-front of the I-485 receipt to make sure. When her EAD renewal gets approved then we'll be more than 100% sure that we are back on status.

Thanks again for all your inputs.

akodyanoya
 
Last edited by a moderator:
Did they issue a denial for both your case and your wife's case? Or only for your own?

If they issued denials for both, I think you would have to file MTR for both. Did you file MTR for both, or only your own?
 
Both was denied, we filed MTR for both and we received MTR decision letter for both. The decision letter for both contained the same wordings as I have posted earlier.
 
akodyanoya said:
Thank you very much for the confirmation Jackolantern. I just sent my wife's EAD renewal today and I put this letter in-front of the I-485 receipt to make sure. When her EAD renewal gets approved then we'll be more than 100% sure that we are back on status.

Thanks again for all your inputs.

akodyanoya
Click to expand...

We went back to our home country and just got back on May 10 using our AP's which were obtained prior to the denial notice on December 2009. We did not have a problem entering and our Passports and I-94s were stamped as "Paroled".

An on May 11, 2010 I checked our mailbox and I got my wife's renewed EAD.

All these events proved that we are on good status again. Thanks for all the advises, encouragements and inputs especially to jackolantern and ginnu.

-akodyanoya
 
You must log in or register to reply here.
Top