Reappealing a 485 Rejection

S

sfbay_area_guy

Registered Users (C)
Hi,

My 485 was rejected as a dependent case with the explaination that I already have a greencard. However I had "surrendered" my greencard in exchange for student Visa 5 years back. The reason why I had to "surrender" is because I did not have re-entry permit and was asked at the Consullate in India to do so.

The lawyers have since filed an MOTIC or whatever to reappeal the rejection. Has anyone had to go through anything like this before?


Thanks.
 
Originally posted by sfbay_area_guy
Hi,

My 485 was rejected as a dependent case with the explaination that I already have a greencard. However I had "surrendered" my greencard in exchange for student Visa 5 years back. The reason why I had to "surrender" is because I did not have re-entry permit and was asked at the Consullate in India to do so.

The lawyers have since filed an MOTIC or whatever to reappeal the rejection. Has anyone had to go through anything like this before?


Thanks.
Click to expand...

This is an unusual case but I think you can appeal and ask BCIS to give you a green card one way or another. If they did not accept your greencard surrender, ask them to restore it. If they did, ask them to approve your new I-485.
 
Hi sfbay_area_guy,

My case has also gone to MOTIC.

Could you please tell me how much time does it take to solve a MOTIC case and is this case with INS or with AAU.

Did ur case got approved.

Any help would be greatly appreciated.

Thanks,
Joyin
 
sfbay_area_guy, a lawyer can easily repeal your rejection, you might have to pay. Get a good attorney to reply to that, usually it is Intent of rejection, not rejection.

BTW, as far as attorney's in CA go, I like www.dalewarner.com .. but all of them are too expensive for not being as good. Obviously Rajiv is good too, and I don't get paid to endorse him.

Good luck.
 
Joyin and SM,

I did get a lawyer.. The MOTIC has been there since Sept. of 2002. The receipt for MOTIC says 80-90 days but obviously we're way past that.

Also there have been some interesting movements.

The EAD got approved recently on this 485 that was denied which is a good sign but then the renewal of AP or 2nd AP hasn't gone through. So I'm not making any guesses :(

We did have a good lawyer. Our case is pretty simple though.

The old greencard was turned in into an embassy in India to get a F1 (since the GC had expired and no re-entry permit). But sounds like US embassy in INdia never informed INS or updated the recorrds and so it still says in the records here that the GC is valid...
 
Hi sfbay_area_guy,

Thats interesting that it says 90 days and 10 months have passed by.

Do you know whether the MOTIC is in Service Center or it goes to the Appealing Unit (AAU) ?

What is the your status now. Are u on H1 or on AP?

What does your lawyer say how much more time will it take?

Did you filed a new 485 ?

My MOTIC has been filed 2 months back. It was filed in NSC and it says 45-60 days.

Thanks for your help.
Joyin.
 
I-485 Rejection

Hi Guys

What will happen if i-485 got rejected for some reason. Can
we appeal ? if we appeal can we continue to work and how
long the process will last ?

any ideas..
 
You must log in or register to reply here.
Top