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I-485 Discussion Forum
Help!!! My I-485 got denied! |
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EB2, PD 2002, filed I-485 at the end of May, 2007. On Oct, 30, TSC denied my I-485. Both my lawyer and I couldn't think of a possible reason. We are waiting for the written notice sent out on Oct, 31.
Here is my question: If TSC made a wrong decission, which will solve the issue quicker? MTR or REFILE?
It was a long journey and I was that close to freedom. When I looked at my young kids running around, knowing we might have to sell our house and everything and leave, I felt very sad.
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Did you get an RFE first? What was the RFE about?
MTR is always faster. Hang in there, most I-485 denials are in error, especially if you have your I-140 approved and are still working for the employer or in the same field. An MTR should resolve your case quickley especially if the denial was in error.
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Just hang in there. what was your RFE about? You may need plan B to keep you in status even if you try to find the reason for denials!
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Hi,
There is a RFE on 9/18 for EVL, Birth Cert, all H1-b approvals. We submit and they got on 10/13.
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adam137601
I dont think you need to take such drastic actions...
Do you have a valid H1?
Did you get a RFE and reply to it?
Did you make sure they got the reply?
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May be a INFOPASS appt might help..
Any thoughts guys....
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When was the deadline for them to get the docs? Is it possible you sent the RFE too late? Do you have an H1 currently?
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Thanks! Sdtx and EB1A072507. I used AP once. My H1-b will expire in Jan 2008. Can I renew it? If go for MTR, how soon will my I-485 be reopenned? Will my AP and EAD be valid again?
Thanks!
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You should renew the H1 if possible, however since you used AP I don't know if they will let you renew the H1, you might have to consult an attorney.
You need to take an infopass and find out exactly why they denied the application, or wait for the denial notice, I'm sure the denail notice will state why they denied the application. This is looking more like a mistake. Unless they reopen the case you cannot use EAD. If your PD is current, you might want to apply for another I-485 just to be safe. Only your attorney can advise you best. I suggest you do not panic as this definately seems like a mistake, if it is a mistake then you are fine and you will get approval quickly using the MTR. Good Luck!
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Thank you very one! I will let you know the details once I get the letter of deny, hopefully today. Meanwhile, I will hold selling my house.
Best Regards,
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1. Get a copy of the RFE for yourself. Get a copy of all documents and communication with USCIS from the attorney. (This would help ensure that the attorney is doing his part correctly. I am saying so out of experience - my attorney screwed up the RFE reply on my friends cases and they got denied. My attorney almost got me out but HIS GRACE saved me on a NOID and RFE.)
2. You may extend your H1, If the H1 you described is not tied to the GC (since you can have multiple H1s).
3. A MTR or appeal for a GC process, provides a temporary basis to grant extensions on the related AP and EADs for yourself and dependents.
Hopefully its just another test of life and God shall help you get through it fine.
Good luck and best wishes.
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Hey... STAY STRONG...
It is just a card...One reason this country is great is that the system is built to retain talent. They know better than to let a good brain leave for no reason.
Lately most of denials are for clerical reasons...i.e, wrong fees, missing pages, wrong address....partly because seasonal staff at USCIS is less experienced and also lawyers are making HUGE moola by accepting applications beyond what their office capacity can handle...
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Motion to reopen, I think....
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Hi ,
Did you find out why your I-485 was denied?
Thanks,
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I am still waiting for the mail. According to the website, they mailed it out on Oct 30. Let's hope I can get it on Monday then.
Thanks for all the encourage.
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Which of the two approved 140 is your 485 linked with?
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I m not seeing I140, was it approved?
Hang in there...
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Didnt see anything about your I-140 being approved either, was it approved and when? I am sure it must be some type of error if so....but hang in there, I know its hard and its got to be very stressful and consuming...things will work out!
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What MTR means?
I am sorry for whatever happens. I still think you need to work with you attorney, find out the reasons for denial, and try again.
I understand your concern. i will pray for you and your family. God bless you and your family. You are not alone in the road to freedom. You will be there.
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I am still waiting for the deny letter.
As to 140, I have 2 approved 140s. EB3 140 approved in Feb, 2007 and EB2 140 approved in April, 2007. When they approved my eb2 140, they carried over the old PD (10/2002).
Now I am very curious about the reasons they picked to deny my case.
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Just curious...what is EVL???
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Can you please explain what type of RFE thye were asking
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Employment Verification Letter, all the status approvals, 1-20, birth cert. According to Infopass, they got my reply in time.
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adam137601, Please update us on your case whenever you get the hard copy of denial notice. I hope this is just by mistake and things will take positive turn.
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^^^^^^^^^^^Bump^^^^^^^^^^^^^
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Just got an Email from my lawyer:
We have received the denial notice for your and your wife's I-485s. Reason for denial: premature filing (I-485 was filed before Quota becomes available). CIS mistakenly treated this as an EB3 case. We should file a motion to reopen/reconsider for CIS to correct the mistake and approve I-485. The motion must be filed within 30 days from the date of the denial notice. The denial is dated 10/30/07 and sent by regular mail on 10/31/07 reaching our office yesterday afternoon. CIS needs to receive the motion by 11/29/07. The filing fee for one motion is $585. You may question since it is a CIS error, why can we not just write a letter requesting for correction. Yes we can but I am afraid CIS may just ignore it and meanwhile we pass the 30 window. We should file the motion and request for refund. Besides, you may call CIS and tell them this is an EB2 case but I still advise filing the motion unless we get I-485 approval before 11/28/07. Let me know.
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Thank God! Things will be ok as its USCIS mistake.
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I hope everything will fine from here on...
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Tomorrow will be better. See, don't lose your hope. Things will get better. Don't try to save the file fee. $500 compare with GC is nothing. I hope you get your GC soon.
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adam137601, One kind request. Please keep this thread updated with whats going on with your case as all this communication may help somebody else down the road.
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I really want to pay sympathy to you.
You should have received your GreenCard now. However, you got a denial notice.
You should send out your MTR to keep you case alive. And do not trust your lawyer too much. Good luck.
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I know. According to my lawyer, the time frame to fix this mistake is 6~8 months. I will file the MTR asap. But meanwhile, is there anything I can do to speed it? 6~8 months are too long!
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you can try and get your congressperson involved, since this is a CIS mistake maybe they will be willing to help.
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Here is the update for my case. After I got the denial letter on Oct, 7, knowing it was a mistake by TSC, I wrote letters to the first lady, two senator and one congressman. I faxed to TSC with any numbers I could find on internet. I wrote to the office directly too. I mailed out the MTRs on 10/13. Then something dramatic happened. On 10/14, my lawyer got a call from the officer. He said he knew he made a mistake and would open my wife's and my case soon. He also said no need to submit the MTR. And today, I got two online update: my wife's case reopened, AND CARD ORDERED FOR ME!
@%$#^$&%^*&(&*)*_(+(+*)&*^&%&^$%^#$!!!!!!
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Congrats! What a dramatic finish
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Congratulations man!! What a drama is this... All is well as long as it ends well.
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AMAZING!!! Congratulations and Thank You for that inspiring story! My goodness, this just made my day.
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according to my lawyer, writing to FL/Senator/Congressman will be of little help, since they don't know the immigration law. CIS can use any excuse to fool them. But contacting AILA via lawyer will guarrantee you a reasonable answer in 2 weeks.
But in my case, contacting TSC directly (since I knew the officer # from the denial notice) hit the target.
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Adam,
If you could answer few questions regarding your denial
1) You mention that your case was denied because of premature filing. Could you explain what premature filing means. Does this mean that you applied when your PD was not current? If thats the case, then you should not have received 485 receipts also. Did you ever receive 485 receipts ?
2) You faxed TSC , can you provide some numbers where you faxed and to whom you addressed the fax to?
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Congrats my friend! Go and pray!
God has many ways and he helped you get through! Let this thanksgving day be a really thankfilled date! Spend time with some lesser fortunate people that day and thank the lord.
I wish good luck and hope we all get through it fine! Check my immediately preceding post about what kind of a person I would like us all to be after its all over! Many years from now you would be able to look back at it and cherish, in solitude, His Grace, over and over again!
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Congrats!!! Adam... True and right things always come to a good and well deserved finish, maybe late but YES!
Adam- Your story might be a inspiring for some of the other readers in similar situation... Can you please share some of the information?
1. TSC service center no's and person's if any?
2. Format of letter used for senators, first lady and congressman- I think a strong and motivating letter makes a big difference …
3. Any info which you would like to add to this??
Thanks very much and have fun!!
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Jaahlaa
That is one I the nicest messages I have seen.
I know that I am only still "hanging on" by the sheer grace of God.
I am nearly there and pray that it happens soon and I can move on with my life.
GOOD LUCK !!!!
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Adam,
If i may make a suggestion..take a moment to send a thank you note to the officer. We point out mistakes, it's good to appreciate when someone accepts their mistake and takes action to make ammends. It'll help show our community in a positive light..and perhaps officers will be more willing to help others in similar situations in the future.
I too have had personal interactions with a few people within TSC and most of them have gone the extra mile to help out.
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1. I faxed to 2149625428, 2149622632, 2149625441 with the officer number I found on the denial letter.
2. check letter samples here: http://www.donkeyroad.com/download.php
3. Again, ask your lawyer to contact AILA for help. CIS still treats AILA seriously.
I appreciate all the support I got here and wish you guys good luck!
Let me know if I can do something for you.
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I have actually written a thankyou letter. It would be out first thing tomorrow.
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Thanks very much for sharing all this information. Have a great weekend!!
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Users watching this thread:
yank9394, Renster, kate, harapatta2006, busco4you, LechonPaksiw, tremint, adam137601, spika, sdtx, EB1A072507, gotgreen, easwara, rennieallen, jfdurrani, bubbles, sogund, dec2002pd, easygoing, stmartin, reyon33, slstru, ashish3, JerIst, hailmary, iikenze, Sweetpea
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