I had my interview in July, 2009, (Officer Not Satisfied), My wife and I quarreled and she moved out in August, Immigration located her and she told them we had a quarrel, she was coerced to withdraw the application, We resolved the issue and moved back in September. We got a denial notice last week in september (No NOID). My wife filed a MTR (Reopen and Reconsider), She also filed another I-130 (Since the first one was withdrawn by her). We have gotten an approval on the I-130, No response on the MTR and the Status on online still shows denied. Should I re-file another I-485 or wait? Please advice. Also, am I deportable? since my I-485 has been denied and my visa expired.
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Refile or Not to Refile
- Thread starter rosco
- Start date
Jackolantern
Registered Users (C)
The I-485 has to be filed before they initiate removal proceedings, otherwise you will be deported.
Our fear is this, we heard that the I-485 would be denied because of the MTR, and that if we get a deportation notice, it will give us a chance to see a judge, and that would give us a better chance of success. However, we really are not open to risks (I do not think it is a better option). If I file the I-485 can it be denied due to the MTR ? Thanks for your responses. We hope to hear from you shortly.