Please help! I-485 denied, and missed appeal. What are my options?

CaliWife

New Member
I married my husband while legally in the US on I-94. We did all fingerprints/biometrics and interview. I received the "work permit" while waiting for the I-485.

Last Oct, I found out via online status, that my I-485 was denied, but the letter never arrived. I did request twice via an online contact form and signing up via email to resend it and tried several times unsuccessfully to get an agent on the phone.

I end up hiring an attorney who called the 800 number with me, and after 1 1/2 hours, an agent answered, but could not tell us the reason for the denial. She confirmed with a ticket number, said that I missed the opportunity to appeal, and that will receive the letter within 30 days.

I understand that the denial could be several different reasons including wrong documentation, and other reasons, or worst, doubt in our marriage. I'm not someone who goes well in interviews, and under pressure, and I think maybe we flopped?.

I read that my work permit is automatically canceled. What are my options?

Please, help!

Thank you so much.
 
The assistant attorney never answered my questions directly, that's why I am here, to find out if anyone has had such similar experience.

I am wondering if I will still be legible to appeal anyway, on grounds of the lost letter, regardless, so I must leave the country and get a new visa in my country and I-94?

My 180 days stay after the notice is fast approaching in April :((
 
Again, it depends on the reason for the denial. If it was because you didn't file the forms correctly, but you were eligible, then if you are still eligible for AOS, you can just stay and file I-485 again, filing it correctly this time. On the other hand, if it was because you were not eligible to file I-485 in the first place (and just weren't aware of it), then filing again is not going to help, and you need to leave.

Assuming you are the spouse of a US citizen, you are in the Immediate Relative category which means you don't need to be in status to file I-485; so you can file I-485 again if you are otherwise eligible even if you are now out of status.

Another thing to note is that starting October last year, they may issue an NTA (notice to appear) for removal proceedings of someone whose I-485 was denied and they are unlawfully present after the denial (which you would be) if they don't leave within the 33-day period to file motions. It's possible that they issued you an NTA and you didn't get it for the same reason that you didn't get the notice of the denial. If an NTA has been issued to you, it is more complicated because you can't just leave because failure to attend removal proceedings will trigger a 5-year ban, and even if you leave you can still be removed in absentia which will trigger a 10-year ban. (I am not sure whether you can have the removal proceedings terminated on the reason that you didn't receive the NTA, but it will be a hassle to do that even if it were possible.) If you are in removal proceedings, you can still file I-485, if otherwise eligible, but you would have to file it with the immigration judge in immigration court.
 
Hi very good and informative answer, thank you so much.

I know that at this point I have a very narrowed option, depending again on this letter.

My inbox account with USCIS does not show any NTA, which is good, but then again it may have been lost like the previous notice, as you said.

It has been a week, do you think I should still wait for the letter to arrive?

Thank you!
 
When you say your “inbox account” do you mean a myuscis account? There should be copies of all correspondence from uscis to you in there under the “documents” tab?
 
Thanks for the tips will check the documents tab in case i missed it.

I’m a bit relieved to know that as a spouse of a US Citizen, i dont need to have a status to re apply for the I-485.

Will wait for the letter to arrive in 3 weeks then

Thank you all!
 
Ideally you should have status, no one recommends being out of status. It's a different matter that lack of status is forgiven for an IR of a USC.
 
Thanks for the tips will check the documents tab in case i missed it.

I’m a bit relieved to know that as a spouse of a US Citizen, i dont need to have a status to re apply for the I-485.

Will wait for the letter to arrive in 3 weeks then

Thank you all!

As long as you’re aware of the fact that you’re currently deportable from now until you have a new I-485 petition in the system - so don’t get too comfortable about not needing to have a status to re-apply.
 
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