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Reason for I-485 denial...totally confused

Reason for I-485 denial...totally confused

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Old Nov 1st 2013, 2:25 am
  #46  
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Default Re: Reason for I-485 denial...totally confused

Originally Posted by zerlesen
That only works while there's actually a pending I-485, I think; once it's denied there is no AOS process to abandon. (Don't know how that interacts with MTRs or whatever else, but I thought an I-131 was tied to a particular I-485).
That's what I was worried about. Even an advance parole that looks valid may be problematic. Of course if the H4 wasn't working, they could still travel with the H4 docs with a denied I-485. For an H with dual intent, departing with or without a parole letter may not abandon the 485. Travel can be risky.
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Old Nov 1st 2013, 4:52 pm
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Default Re: Reason for I-485 denial...totally confused

Originally Posted by crg
That's what I was worried about. Even an advance parole that looks valid may be problematic. Of course if the H4 wasn't working, they could still travel with the H4 docs with a denied I-485. For an H with dual intent, departing with or without a parole letter may not abandon the 485. Travel can be risky.
Good point about the I-485 being denied and thus making the AP invalid. I agree, travel would be risky and should be avoided.

Rene
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Old Nov 2nd 2013, 5:55 pm
  #48  
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Default Re: Reason for I-485 denial...totally confused

Another quick update in this saga...

So, it turns out that back in 2006, when the original I140 was submitted, the Attorney got a RFE, which he did not respond to in time, hence a denial, on the basis that some 2006/07 information which was required, was not available?!? Once the denial was issued ( which we never knew anything about, I have to make that clear ), he resubmitted again, with the same receipt number.

The approval notice I have, has a different receipt number so we are still waiting on this copy denial notice being sent, to see what number is on it, and what the reason for denial was. This is a complete mess...the Attorney sent my OH copies of half our file on Thursday, and was supposed to send the rest yesterday, suffice to say, after chasing him up by email and phone, we are still waiting on the second half of our file.

So, another weekend of waiting. That's about as much as I know right now, I have been in touch with the Immigration Liaison from our Congresswoman's office, but I haven't proceeded with that yet, until it hear what the denial notice says, plus I have heard that Attorney's get pissed when you involve Congress, so I'm holding back....

I also have no intention of leaving the country while all this is going on. That would just make things even worse
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Old Nov 2nd 2013, 6:24 pm
  #49  
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Default Re: Reason for I-485 denial...totally confused

Originally Posted by Brat1
Another quick update in this saga...

So, it turns out that back in 2006, when the original I140 was submitted, the Attorney got a RFE, which he did not respond to in time, hence a denial, on the basis that some 2006/07 information which was required, was not available?!? Once the denial was issued ( which we never knew anything about, I have to make that clear ), he resubmitted again, with the same receipt number.

The approval notice I have, has a different receipt number so we are still waiting on this copy denial notice being sent, to see what number is on it, and what the reason for denial was. This is a complete mess...the Attorney sent my OH copies of half our file on Thursday, and was supposed to send the rest yesterday, suffice to say, after chasing him up by email and phone, we are still waiting on the second half of our file.

So, another weekend of waiting. That's about as much as I know right now, I have been in touch with the Immigration Liaison from our Congresswoman's office, but I haven't proceeded with that yet, until it hear what the denial notice says, plus I have heard that Attorney's get pissed when you involve Congress, so I'm holding back....

I also have no intention of leaving the country while all this is going on. That would just make things even worse
So, there was a denial in the background.

OK, please refer back to one of my earlier posts in this thread. I had a case once where I submitted two I-140's, one for EB-1 extraordinary ability, the other for EB-2 National Interest Waiver. I felt the EB-1 was possible but somewhat dodgy while the EB-2 NIW was a slam-dunk. I filed the two I-140's concurrently with the I-485. The EB-1 was approved post haste and the EB-2 generated the RFE from Hell. The 485 was then denied because the EB-2 was denied! We reopened and got an approval on the EB-1.
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Old Nov 2nd 2013, 7:19 pm
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Default Re: Reason for I-485 denial...totally confused

Originally Posted by S Folinsky
So, there was a denial in the background.

OK, please refer back to one of my earlier posts in this thread. I had a case once where I submitted two I-140's, one for EB-1 extraordinary ability, the other for EB-2 National Interest Waiver. I felt the EB-1 was possible but somewhat dodgy while the EB-2 NIW was a slam-dunk. I filed the two I-140's concurrently with the I-485. The EB-1 was approved post haste and the EB-2 generated the RFE from Hell. The 485 was then denied because the EB-2 was denied! We reopened and got an approval on the EB-1.
Yeah, I read your earlier post, thank you for that. The problem is that they are saying there was another denial, which was dated 2 years after the first one, so we apparently have a denial in 2007, an approval in 2009 and another denial less than 2 months after the approval.... I have no clue, just need to wait on their response to see what it says
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Old Nov 2nd 2013, 10:41 pm
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Default Re: Reason for I-485 denial...totally confused

Aren't you glad you got your own attorney now?
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Old Nov 2nd 2013, 11:15 pm
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Default Re: Reason for I-485 denial...totally confused

What a mess. I do feel for you. Why don't you do a FOIA request and get your whole file - they release it to you on CD. My OH did this when he had "issues" and it took about four weeks, at least then you'll have "almost" all the documents to hand.
Stay strong
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Old Nov 5th 2013, 9:53 pm
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Default Re: Reason for I-485 denial...totally confused

Well, the 5 days the USCIS had to send my Attorney the denial notice, and still nothing in the mail....we now have one week to raise a whatever it is we can raise. I am so fed up right now, as nothing seems to be happening very quickly...waiting on a call back from the Attorney
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Old Nov 5th 2013, 9:56 pm
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Default Re: Reason for I-485 denial...totally confused

Originally Posted by Brat1
Well, the 5 days the USCIS had to send my Attorney the denial notice, and still nothing in the mail....we now have one week to raise a whatever it is we can raise. I am so fed up right now, as nothing seems to be happening very quickly...waiting on a call back from the Attorney
What a nightmare -- nothing worse than the waiting game. Stay strong!
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Old Nov 9th 2013, 2:27 pm
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Default Re: Reason for I-485 denial...totally confused

Ive not been on here for a while and have just read all of this ...Im so sorry Brat....hopefully this will all get straightened out for you.....you did nothing wrong...take care....Im rooting for you guys.....
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Old Nov 12th 2013, 7:24 pm
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Default Re: Reason for I-485 denial...totally confused

Okay, I am now speechless with this complete nonsense!!!! Here's where we are today.....

After waiting the five days for the letter from USCIS, we waited, I think 8. Our attorney called Texas to talk to an officer, but was apparently unable to do so. So after telling my husband that I wanted a meeting with his boss, his brother and his father, his boss sat on the phone for over an hour and did get to speak to an Officer, not a customer service rep. He said that it's not 5 days, but 7-10 days for the evidence letter to reach us, so another weekend of waiting and that we had 30 days from that request, which was 31st October, so at least it bought us a bit of time.

So this morning, the letter arrives, and this has pushed me over the edge. The letter states that we have requested evidence and that we will receive that within 30 days......

You've got to be kidding me!!!! So we've waited 10 days to get a letter to tell us what we already know, and we now need to wait another 30 days. I am lost at this point, I do not know what else to do, wait, go ahead with the Congresswoman, I am out of energy at this point. This is soul destroying, and I don't know where to go at this point. I can't find anyone, anywhere, who has had an approval and then denial. Any ideas

Last edited by Brat1; Nov 12th 2013 at 7:26 pm. Reason: Missed a bit
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Old Nov 12th 2013, 8:11 pm
  #57  
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Default Re: Reason for I-485 denial...totally confused

Originally Posted by Brat1
Okay, I am now speechless with this complete nonsense!!!! Here's where we are today.....

After waiting the five days for the letter from USCIS, we waited, I think 8. Our attorney called Texas to talk to an officer, but was apparently unable to do so. So after telling my husband that I wanted a meeting with his boss, his brother and his father, his boss sat on the phone for over an hour and did get to speak to an Officer, not a customer service rep. He said that it's not 5 days, but 7-10 days for the evidence letter to reach us, so another weekend of waiting and that we had 30 days from that request, which was 31st October, so at least it bought us a bit of time.

So this morning, the letter arrives, and this has pushed me over the edge. The letter states that we have requested evidence and that we will receive that within 30 days......

You've got to be kidding me!!!! So we've waited 10 days to get a letter to tell us what we already know, and we now need to wait another 30 days. I am lost at this point, I do not know what else to do, wait, go ahead with the Congresswoman, I am out of energy at this point. This is soul destroying, and I don't know where to go at this point. I can't find anyone, anywhere, who has had an approval and then denial. Any ideas
Brat, would it be worth calling another lawyer but one specialized in cases that arent straight forward. Carl Shusterman in Los Angeles comes to mind hes one of the states super lawyers. I havent used him but if i had problem, where i didnt know where to start i think i would definitely use him!.
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Old Nov 12th 2013, 8:37 pm
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Default Re: Reason for I-485 denial...totally confused

Get another Attorney, one that isn't utterly useless would be a good starting point. I can recommend an excellent firm in Boston, just message me for details.

Sounds like what you're going through is awful, and all could have been avoided had the original Attorney not ****ed up.
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Old Nov 13th 2013, 6:47 pm
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Default Re: Reason for I-485 denial...totally confused

I have a recommendation for Chicago too if you need one.
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Old Nov 13th 2013, 7:15 pm
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Default Re: Reason for I-485 denial...totally confused

Not sure if this is possible, but I find a lot of this letter writing they do because of privacy laws, i.e. they cannot give it out over the phone. However if you make an INFOPASS appointment at a USCIS office you're there in person with your ID so they can be a bit more co-operative at that point. This assumes the information you are after is in the bowels of their computers.

I had a similar fiasco myself a few years ago where they were putting me on hold and giving me the run around and spitting out letters so I just made an appointment and I had the information in seconds.
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