Go Back  British Expats > Living & Moving Abroad > USA > US Immigration, Citizenship and Visas
Reload this Page >

Reason for I-485 denial...totally confused

Reason for I-485 denial...totally confused

Old Nov 13th 2013, 8:26 pm
  #61  
BE Forum Addict
Thread Starter
 
Brat1's Avatar
 
Joined: Jul 2009
Location: Bishopbriggs - now Bethel, Connecticut
Posts: 1,439
Brat1 has a reputation beyond reputeBrat1 has a reputation beyond reputeBrat1 has a reputation beyond reputeBrat1 has a reputation beyond reputeBrat1 has a reputation beyond reputeBrat1 has a reputation beyond reputeBrat1 has a reputation beyond reputeBrat1 has a reputation beyond reputeBrat1 has a reputation beyond reputeBrat1 has a reputation beyond reputeBrat1 has a reputation beyond repute
Default Re: Reason for I-485 denial...totally confused

Thanks guys, I hadn't even considered an info pass appointment. That's maybe something I need to do. Further to what I posted yesterday, I checked our case online, and according to that, they have sent out another denial notice for our i485, as of November 7th!!!

I have no clue where this is going at this point, I am lost for words and answers. Thank you for your input. I have another Attorney lined up, and if I don't get where I want to be with ours, then I need to change. So frustrating and so confusing

Last edited by Brat1; Nov 13th 2013 at 8:38 pm.
Brat1 is offline  
Old Nov 13th 2013, 9:15 pm
  #62  
BE Commentator
 
S Folinsky's Avatar
 
Joined: Feb 2010
Location: Los Angeles, California
Posts: 8,403
S Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond repute
Default Re: Reason for I-485 denial...totally confused

<sigh>

Brat1 has what appears to be what in the military was called a "CF" or what is often known as a "FUBAR."

I have noted a tendency here to advise "change attorneys" at the first sign of trouble. OK, if the attorney is screwing up, that may be good advice. However, when doing "janitorial work" on a case such as Brat's, changing of attorney can be the worst thing to do.

"Shit happens" and sometimes it is just hard to clean up and frequent change of janitors midstream does not help.
S Folinsky is offline  
Old Nov 13th 2013, 9:39 pm
  #63  
BE Forum Addict
Thread Starter
 
Brat1's Avatar
 
Joined: Jul 2009
Location: Bishopbriggs - now Bethel, Connecticut
Posts: 1,439
Brat1 has a reputation beyond reputeBrat1 has a reputation beyond reputeBrat1 has a reputation beyond reputeBrat1 has a reputation beyond reputeBrat1 has a reputation beyond reputeBrat1 has a reputation beyond reputeBrat1 has a reputation beyond reputeBrat1 has a reputation beyond reputeBrat1 has a reputation beyond reputeBrat1 has a reputation beyond reputeBrat1 has a reputation beyond repute
Default Re: Reason for I-485 denial...totally confused

Originally Posted by S Folinsky
<sigh>

Brat1 has what appears to be what in the military was called a "CF" or what is often known as a "FUBAR."

I have noted a tendency here to advise "change attorneys" at the first sign of trouble. OK, if the attorney is screwing up, that may be good advice. However, when doing "janitorial work" on a case such as Brat's, changing of attorney can be the worst thing to do.

"Shit happens" and sometimes it is just hard to clean up and frequent change of janitors midstream does not help.
Sorry, apologies. I am just so frustrated with her lack of any kind of urgency, in what is a very real worry and dilema for me and my OH. She had planned to contact Texas last Friday, but for some reason was unable to, instead, my husbands employer spent over an hour and managed to speak to someone. Attorneys are not cheap, and if I'm paying someone, I just feel they should be proactive. Unfortunately, any contact is coming from us, not the other way about. Sorry if I sound impatient, but with as much as we have at stake right now, I need someone to be giving me options, if and when the shit hits the fan and this does in fact, turn out to be a monumental stuff up somewhere along the line.
Brat1 is offline  
Old Nov 13th 2013, 11:20 pm
  #64  
Account Closed
 
Joined: Mar 2004
Posts: 2
scrubbedexpat099 is an unknown quantity at this point
Default Re: Reason for I-485 denial...totally confused

Unfortunately in these sort of cases lack of urgency both by Lawyer and USCIS seems the norm.
scrubbedexpat099 is offline  
Old Nov 13th 2013, 11:48 pm
  #65  
Forum Regular
 
Joined: Dec 2009
Posts: 102
BostonBrit Expat Since 03 has a brilliant futureBostonBrit Expat Since 03 has a brilliant futureBostonBrit Expat Since 03 has a brilliant futureBostonBrit Expat Since 03 has a brilliant futureBostonBrit Expat Since 03 has a brilliant futureBostonBrit Expat Since 03 has a brilliant future
Default Re: Reason for I-485 denial...totally confused

Originally Posted by Brat1
Sorry, apologies. I am just so frustrated with her lack of any kind of urgency, in what is a very real worry and dilema for me and my OH. She had planned to contact Texas last Friday, but for some reason was unable to, instead, my husbands employer spent over an hour and managed to speak to someone. Attorneys are not cheap, and if I'm paying someone, I just feel they should be proactive. Unfortunately, any contact is coming from us, not the other way about. Sorry if I sound impatient, but with as much as we have at stake right now, I need someone to be giving me options, if and when the shit hits the fan and this does in fact, turn out to be a monumental stuff up somewhere along the line.
My PERM was Approved and the Denied days later, and they simply stated the error was on them on it "should of been DENIED the first time" due to...wait for it......no company letter head and second page of job advert!!...., we appealed to no avail, luckily I had an EB1-C as a backup that was susequently approved few months later. It is bloody frustrating and I can only imagine how you feel after years of waiting....I was close to packing my bags a few times!!

I wish you the best of luck!!

Steve
BostonBrit Expat Since 03 is offline  
Old Nov 14th 2013, 1:47 am
  #66  
Banned
 
Joined: Apr 2013
Posts: 5,154
hungryhorace has a reputation beyond reputehungryhorace has a reputation beyond reputehungryhorace has a reputation beyond reputehungryhorace has a reputation beyond reputehungryhorace has a reputation beyond reputehungryhorace has a reputation beyond reputehungryhorace has a reputation beyond reputehungryhorace has a reputation beyond reputehungryhorace has a reputation beyond reputehungryhorace has a reputation beyond reputehungryhorace has a reputation beyond repute
Default Re: Reason for I-485 denial...totally confused

Originally Posted by BostonBrit Expat Since 03
My PERM was Approved and the Denied days later, and they simply stated the error was on them on it "should of been DENIED the first time" due to...wait for it......no company letter head and second page of job advert!!...., we appealed to no avail, luckily I had an EB1-C as a backup that was susequently approved few months later. It is bloody frustrating and I can only imagine how you feel after years of waiting....I was close to packing my bags a few times!!

I wish you the best of luck!!

Steve
Second page of job advert? What did they mean by that? I presume this was the adjustment where you had to petition for labor?
hungryhorace is offline  
Old Nov 14th 2013, 1:50 am
  #67  
 
Poppy girl's Avatar
 
Joined: Oct 2006
Location: Reno Nevada
Posts: 15,917
Poppy girl has a reputation beyond reputePoppy girl has a reputation beyond reputePoppy girl has a reputation beyond reputePoppy girl has a reputation beyond reputePoppy girl has a reputation beyond reputePoppy girl has a reputation beyond reputePoppy girl has a reputation beyond reputePoppy girl has a reputation beyond reputePoppy girl has a reputation beyond reputePoppy girl has a reputation beyond reputePoppy girl has a reputation beyond repute
Default Re: Reason for I-485 denial...totally confused

Originally Posted by Brat1
Thanks guys, I hadn't even considered an info pass appointment. That's maybe something I need to do. Further to what I posted yesterday, I checked our case online, and according to that, they have sent out another denial notice for our i485, as of November 7th!!!

I have no clue where this is going at this point, I am lost for words and answers. Thank you for your input. I have another Attorney lined up, and if I don't get where I want to be with ours, then I need to change. So frustrating and so confusing
Brat1 I told you weeks ago to get an info pass lady
Poppy girl is offline  
Old Nov 14th 2013, 1:52 am
  #68  
Forum Regular
 
Joined: Dec 2009
Posts: 102
BostonBrit Expat Since 03 has a brilliant futureBostonBrit Expat Since 03 has a brilliant futureBostonBrit Expat Since 03 has a brilliant futureBostonBrit Expat Since 03 has a brilliant futureBostonBrit Expat Since 03 has a brilliant futureBostonBrit Expat Since 03 has a brilliant future
Default Re: Reason for I-485 denial...totally confused

Originally Posted by hungryhorace
Second page of job advert? What did they mean by that? I presume this was the adjustment where you had to petition for labor?

The company has to post the job advert and forgot to post the company header on the second page of the advert, that simple.......yes, for the pemanent labour cert (aka PERM)
BostonBrit Expat Since 03 is offline  
Old Nov 14th 2013, 1:58 am
  #69  
 
Poppy girl's Avatar
 
Joined: Oct 2006
Location: Reno Nevada
Posts: 15,917
Poppy girl has a reputation beyond reputePoppy girl has a reputation beyond reputePoppy girl has a reputation beyond reputePoppy girl has a reputation beyond reputePoppy girl has a reputation beyond reputePoppy girl has a reputation beyond reputePoppy girl has a reputation beyond reputePoppy girl has a reputation beyond reputePoppy girl has a reputation beyond reputePoppy girl has a reputation beyond reputePoppy girl has a reputation beyond repute
Default Re: Reason for I-485 denial...totally confused

Originally Posted by S Folinsky
I know that its nerve-wracking. But you are doing what you can.

BTW, there is a little thing of requesting the Dark Forces to reopen "on their own motion" without fee -- this can be done if they have made the obvious mistake. When I was in practice, I was paranoid about asking for that and paid the fee on the "no harm, no foul" and "its only money" rubrics.

"Keep calm and carry on."
Agreed mine was re-opened there and then and no fee and now as you know I am a US Citizen.
Poppy girl is offline  
Old Nov 14th 2013, 11:01 am
  #70  
BE Forum Addict
Thread Starter
 
Brat1's Avatar
 
Joined: Jul 2009
Location: Bishopbriggs - now Bethel, Connecticut
Posts: 1,439
Brat1 has a reputation beyond reputeBrat1 has a reputation beyond reputeBrat1 has a reputation beyond reputeBrat1 has a reputation beyond reputeBrat1 has a reputation beyond reputeBrat1 has a reputation beyond reputeBrat1 has a reputation beyond reputeBrat1 has a reputation beyond reputeBrat1 has a reputation beyond reputeBrat1 has a reputation beyond reputeBrat1 has a reputation beyond repute
Default Re: Reason for I-485 denial...totally confused

Originally Posted by Poppy girl
Brat1 I told you weeks ago to get an info pass lady
I thought we were doing the right thing, going with our own Attorney, and assumed she would be able to get somewhere quicker than us, since we're not the petitioner on the i140. I didn't consider the info pass, but sat and looked into it last night, just trying to work out what kind of appointment I need. I just feel the need to be proactive, as me and my OH seem to be the only ones losing sleep.

Btw, we received yet another 5 denial letters for the i485's yesterday, the exact same letters they sent us last time I have no clue what that's all about, they are the same letters but with ticks at different points. The saga continues......
Brat1 is offline  
Old Nov 19th 2013, 11:16 pm
  #71  
JAJ
Retired
 
JAJ's Avatar
 
Joined: Apr 2004
Posts: 34,649
JAJ has a reputation beyond reputeJAJ has a reputation beyond reputeJAJ has a reputation beyond reputeJAJ has a reputation beyond reputeJAJ has a reputation beyond reputeJAJ has a reputation beyond reputeJAJ has a reputation beyond reputeJAJ has a reputation beyond reputeJAJ has a reputation beyond reputeJAJ has a reputation beyond reputeJAJ has a reputation beyond repute
Default Re: Reason for I-485 denial...totally confused

Perhaps it's been missed in the thread discussion, but it seems to be that if a Motion to Reopen has not been filed, perhaps it should already have been?
Since the attorney is (presumably) charging a fee, it might be productive to have a discussion regarding the service level and sense of urgency expected.

Infopass appointment was also recommended, perhaps with attorney in attendance, if this hasn't been scheduled already it should be done.
JAJ is offline  
Old Jan 10th 2014, 7:38 pm
  #72  
 
N1cky's Avatar
 
Joined: Mar 2009
Location: Google Town
Posts: 7,532
N1cky has a reputation beyond reputeN1cky has a reputation beyond reputeN1cky has a reputation beyond reputeN1cky has a reputation beyond reputeN1cky has a reputation beyond reputeN1cky has a reputation beyond reputeN1cky has a reputation beyond reputeN1cky has a reputation beyond reputeN1cky has a reputation beyond reputeN1cky has a reputation beyond reputeN1cky has a reputation beyond repute
Default Re: Reason for I-485 denial...totally confused

Any update on this Brat?
N1cky is offline  
Old Mar 11th 2014, 12:39 pm
  #73  
BE Forum Addict
Thread Starter
 
Brat1's Avatar
 
Joined: Jul 2009
Location: Bishopbriggs - now Bethel, Connecticut
Posts: 1,439
Brat1 has a reputation beyond reputeBrat1 has a reputation beyond reputeBrat1 has a reputation beyond reputeBrat1 has a reputation beyond reputeBrat1 has a reputation beyond reputeBrat1 has a reputation beyond reputeBrat1 has a reputation beyond reputeBrat1 has a reputation beyond reputeBrat1 has a reputation beyond reputeBrat1 has a reputation beyond reputeBrat1 has a reputation beyond repute
Default Re: Reason for I-485 denial...totally confused

Originally Posted by N1cky
Any update on this Brat?
Apologies for abandoning this thread, but I honestly have not been around BE for a while as this whole issue has consumed my life

So, here is an update. Please bear with me, as I try and make it as concise as I can.

After waiting and quite frankly getting nowhere with the USCIS, I contacted our local Congresswoman's Immigration Liaison Officer who was very nice. She managed to get more information than the Attorney, and the response was, that an original I-140 was submitted in 2008. There was a RFE for that application, but apparently the Attorney didn't complete the RFE in time and it was denied. He then re-applied the following month after the denial, with the same labor certification, which they are saying is not acceptable. This is apparently the reason that the Liaison Officer was given. In the meantime, the Attorney consistently went back and forth asking for a copy of the revocation notice, which 4 months later we are still waiting for
My husband also went ahead with the Infopass appointment where he really didn't find out anything further than what we had already been told. All they would tell him was that the I-140 was revoked 6 weeks after it was approved.

Anyway......

Long story short, it looks like filing a 290 (I think that's right, I'm sure someone will correct me if I'm wrong) is not an option. My work authorization ran out on March 1st and because we have no valid I-140, this would not be extended, so I have had to give up my job. At the moment we are in limbo. The original Attorney who did our I-140 has the burden of proof that he did not receive any RFE, NOIR, or indeed a revocation of the approved I-140. We are being advised that our only option is to file a brand new I-140, which means going through the labor certification process again. Which also means that our oldest daughter is going to age out in November, both of us can no longer work again, and we are right back to where we started in 2007.

I don't know what else I can say at this point. We have done everything that has been asked of us and someone, somewhere is at fault, but how do we prove it? I have my own Attorney who is advising me every step of the way, and since my OH only had his recent meeting with his boss and their Attorney yesterday, where she told us the news that we have to re-file, I am awaiting his response to see if this is the only way forward.

We took a huge risk coming here, gave up our home, careers etc and it looks like it is going to backfire on us big time. I don't really want to say exactly what's on my mind right now, as it doesn't help my situation at this point. We just need to stick together as a family, take the advice of our Attorney, and decide what is the best thing for us all. I don't know of anyone else who has been through this, so I have no idea what the outcome will ultimately be. Thank you for all the support anyway, and the good karma, it is appreciated
Brat1 is offline  
Old Mar 11th 2014, 12:49 pm
  #74  
BE Forum Addict
 
SarahG's Avatar
 
Joined: Apr 2007
Location: Charleston, SC
Posts: 1,455
SarahG has a reputation beyond reputeSarahG has a reputation beyond reputeSarahG has a reputation beyond reputeSarahG has a reputation beyond reputeSarahG has a reputation beyond reputeSarahG has a reputation beyond reputeSarahG has a reputation beyond reputeSarahG has a reputation beyond reputeSarahG has a reputation beyond reputeSarahG has a reputation beyond reputeSarahG has a reputation beyond repute
Default Re: Reason for I-485 denial...totally confused

So sorry you are still having this stress. If you ever want to vent or just write down exactly what you think of it all and send it to someone you know how to contact me. Fingers crossed you start getting good news soon.
SarahG is offline  
Old Mar 11th 2014, 1:00 pm
  #75  
BE Enthusiast
 
Joined: Jul 2012
Posts: 574
jxv73 has a reputation beyond reputejxv73 has a reputation beyond reputejxv73 has a reputation beyond reputejxv73 has a reputation beyond reputejxv73 has a reputation beyond reputejxv73 has a reputation beyond reputejxv73 has a reputation beyond reputejxv73 has a reputation beyond reputejxv73 has a reputation beyond reputejxv73 has a reputation beyond reputejxv73 has a reputation beyond repute
Default Re: Reason for I-485 denial...totally confused

Originally Posted by Brat1
There was a RFE for that application, but apparently the Attorney didn't complete the RFE in time and it was denied. He then re-applied the following month after the denial, with the same labor certification, which they are saying is not acceptable.
This may be cause for a motion to reopen under Matter of Lozada. (Ineffective assistance in the part of the original attorney). You need an attorney with experience in janitorial work.
jxv73 is offline  

Contact Us - Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service -

Copyright © 2024 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.