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I-485 Discussion Forum
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Anyone with a reopened I-485 after MTR?

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Posted by rom2002 (289)   01 Jul 2009
Hi evryone

Our I-485 was denied in Jan 2009 and we applied MTR wich was accepted and on Feb 20 2009 my I-485 was reopend. I was wondering if any of you were in a similar situation because they still haven't made a decision on our case. I was wondering if you know how long after reopening can i expect a decision? PD is Apr 30, 2001...ROW, EB3.
Thank you
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Posted by PenguinA (303)   02 Jul 2009
to rom2002:

I just got mine. It was faster than I thought, but it was clear service error. I filed 06/15/09 and on 06/29/09 instead of a receipt for the MTR I got a letter dated 06/24/09 stating the reason for denial was overcome and my I-485 is now pending again.

What was the reason for your denial?
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Posted by rom2002 (289)   02 Jul 2009
to PenguinA:

The reason for denial was that wwe didn't include the $1,000 fee for Supplement A on I-485...we are under 245(i). They accepted my MTR fast as well......they received it on Feb3, 2009 and they reopened I-485 on Feb 20, 2009. I did't know this until June 10th because they never sent me a notice, no LUD and the status online never changed....in fact it still shows denied. After many calls to them I was transferred to an officer and that's when I found out that MTR was accepted on Feb 20. That means that AOS it's been pending again for over 4 months but they still haven't made a decision on the case...I hope it gets approved.

Please keep me updated if you hear anything on yours
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Posted by Tilak09 (50)   03 Jul 2009
to PenguinA:

@PenguinA: Was your I485 denied due to filing AC21 or I140 withdrawal? Wondered What type of service error was yours?
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Posted by PenguinA (303)   03 Jul 2009
to Tilak09:

Tilak09:

Actually, neither AC21 or !-140 withdrawal. They claimed I had accrued unlawful status when I did not.
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Posted by InLineLongTime (1159) 03 Jul 2009

Tilak09:

Actually, neither AC21 or !-140 withdrawal. They claimed I had accrued unlawful status when I did not.

to PenguinA:



How did they accrued? Any details to share?
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Posted by sai12 (8) 03 Jul 2009
to rom2002:

One I-485 is denied, can we request for reconsidering. Can some one please help me with this proces, what should we do on such cases
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Posted by PenguinA (303)   03 Jul 2009
to InLineLongTime:

Tilak09:

They first issued an RFE to prove I had continued non-immigrant status and then they did not look at the evidence we provided in addition to adding more years to the period they did not specified.

The MTR showed clearly it was service error and that is why it was granted.

Andrea
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Posted by PenguinA (303)   03 Jul 2009
to sai12:

kakac:

Why was it denied for and was it USCIS mistake or another issue?

There are many ways of dealing with a denial, from filing an appeal, a motion to reopen or a motion to reconsider. It depends on a case by case basis.

Andrea
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Posted by rom2002 (289)   03 Jul 2009
to PenguinA:

PengiunA

Now that your MTR was granted how long do you think it will take them to actually approve your case? Mine was granted and I-485 went back to pending on Feb 20 and I still don't have an answer or decision on I-485.

Do you have an idea if how long it takes USCIS (on average) to make a decision on I-485 after MTR is granted?
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Posted by jinglebell (396)   04 Jul 2009
why dont you guys do an appeal, instead of MTR?

As I understand MTR will go to the same officer who denied, while appeal goes to his superior for review. Appeal gives more benefits as well.
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Posted by rom2002 (289)   05 Jul 2009
to jinglebell:

Well in my case MTR was the only thing possible/available....that's what the denial letter said. But it's getting ridiculous at this point...usually after MTR is granted it shouldn't take so long for a decision. They look over the MTR and if they grant it that means that the denial reason has been overcome. At that point they should make a decision on it rather than just set it aside. I'm reaaly tired of calling them and waiting around
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Posted by jazmeeh62 (33) 05 Jul 2009
to rom2002:

i got denial notice for my 485. no appeal says on the decision. my ead is 2years will expire 2010. i am out of status for 6months before i got my ead. dont understand. they gave me ead they knew from the start im out of status.. dont know what to do. have appointment with my lawyer tomorrow.. dont know if i can file for motion to re open. they denied my case it's not even current. Eb3. they said if your not current they should not approved or denied a case. any suggestion on what to do?? i'm not covered by 245i... so sad..
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Posted by PenguinA (303)   05 Jul 2009
to rom2002:

rom2002:

They will get approved once numbers are current for our PDs unless we get some divine intervention! =)
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Posted by My245iGC (111)   13 Jul 2009
to rom2002:

hi rom,

i have the same case like yours 245i whose 485 got denied. I already filed an MTR last Dec 2008 and received a notice of action I-797 from USCIS that they received my I290B application. I just want to ask you if the letter you received from CIS specifically said that your MTR application has been received and is now back in pending status coz mine doesn't say back to pending only said that the "the above appeal has been received. Or is it automatic that when CIS received the MTR application it means its back to it's pending case. So far, I haven't received any yet from them other than the acknowledgement receipt of I-290B.
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Posted by rom2002 (289)   26 Jul 2009
to My245iGC:

i never received any notice/correspondence regarding MTR. All the info I have is from calls to 1800 #. No SLUD's or status change either
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Posted by simo123 (4) 18 Feb 2010
hi every one please let me know if any one has the same case issue as mine
well the USCIS make an error they send me an I 485 Interview in Orlando FL instead of Maryland because my lawyer address in Orlando FL so i called the USCIS and explain to them that i don't live in FL any more and my lawyer send a Fax to the immigration office in Orlando FL said that i will not show up to the interview and its was an error
the Orlando immigration office denied my case because i didn't show up !!even if i the Fax letter that my lawyer send them
well i make an meeting with an immigration office at info-pass in Baltimore MD i show the officer the prove that it was clearly an error so
the officer told me that shes going to request for a Waiver!! and my file need to be transfered from Orlando to Baltimore so they look and wait for the waiver to reopen my case and that could take up to 9 months!!
i think i was supposed to applied for Motion To Reopen or Motion To Reconsider (MTR) or Appeal to Administrative Appeals Office (AAO)
i didn't file any paper s a waiver or pay any fee is it like that how its works?
please let me know if any one knows
Thank you
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Users watching this thread: rom2002, PenguinA, Tilak09, sai12, jazmeeh62, My245iGC, simo123
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