I-485 denied due to lack of vaccination, I-290B submitted to reopen

[zamo 1]

Hello, My wife came here on a K1 viza. We got married and submited form I-485 for adjustment of status. She got her employment authorizarion and advanced parole. After 9 month of waiting for a response from the immigration guys, we got the form I-72 telling her that she needs the vaccination. She did some vaccination before she had the interview at the embassy, so we thought that everything should be OK. We sent a letter asking USCIS for some clarification, because we were under the impression that all the vaccines were OK. We knew that form I-693 was not filed, but we thought that it would be better to ask. We also attached a copy of the vaccinations we had.

Well ... the person who review the letter was on a wrong mood, becase he/she rejected the form I-486 because the vaccination was not complete. We were shocked, because the main reason of that letter was to ask if they want more paper or if somehow they lost the previous vaccination record. So he denied the application and he said that they already have on file the previus vaccines, and they wanted to have I-693 subimtted. He could have just said that, not denied the application just because we asked for some clarification. If the original letter was clear enough then we should have done the vaccinations for the seocnd time, no questions asked.

So we went to a civil surgeon, did again some of the vaccination that were administed 1 year ago an a new one, and we got form I-693 filled by the doctor. The entire visit cost us 305$ for vaccines, papers, etc. I also filled I-290B as "motion to reopen" the case because there are new evidences that should be considered. I also attached a check for 630 $. The form was submitted 10 days after the letter of refusal was sent, so we are within that 30 days period when we can chalange that decision. We also visited the local immigration office, and we were told that all the papers should be OK, but they needs to be mailed to Chicago Office

Here are my questions to you:

1. How long it will take until somebody will look again over the case and make a decision ?

2. Are there any chanses that the application can be denied again, considering that the lack of vaccination (form I-693) was the only reason why it was denied in the first place ?

3. Consifering that I-290B is accepted, how long it will take to get a new "employment authorization" and "advance parole" because we were told that the "old" ones are no longer valid ?

4. Is it safe to leave the country once a new "advanced parole" document is issued ? I am aftraid that somebody will make a new mistake while we are abroad, and we will find out only when we try to reenter.

5. Do you have any suggestions to make for this situation ?

Thank you for your consideration !!

P.S. The lesson we learned is that you have to pay a visit to a local civil surgeon and ask him to fill I-693 even when you had been vaccinated before.

[TBoneTX 46,210]

*** Thread moved from USCIS Service Centers forum to the main AOS/Family-Based Case Progress subforum -- topic involves an AOS issue. ***

[Peter_Pan 661]

Ugh, the medical records from Romania seem to be problematic, please keep us posted with what happens next.

[Penguin_ie 5,997]

I am not sure the motion to re-open will work, as you did the vax and related form after the denial, and you were supposed to have it when sending in the I-485.

[bigdog 377]

Let everyone know what happens, good luck.

[zamo 1]

I try to be short because I do not have the strength to go into details. After almost 10 days I had the confirmation that the papers got to the right people, and I had to wait. Apparently nobody looked over the documents for 5 weeks. In the 6th week they approved the motion to reopen, they reopened the original case, they approved the case without any interview and my wife got the green card and now she holds it in her hand. Now she needs to go back and try to be rehired in the same place. All this time she was told by several people that she is no longer staying legally in US, so you can imagine how she felt. I can only hope that we will forget all the stress and anxiety we pass through.

Edited September 16, 2013 by zamo

[Shezi 108]

I try to be short because I do not have the strength to go into details. After almost 10 days I had the confirmation that the papers got to the right people, and I had to wait. Apparently nobody looked over the documents for 5 weeks. In the 6th week they approved the motion to reopen, they reopened the original case, they approved the case without any interview and my wife got the green card and now she holds it in her hand. Now she needs to go back and try to be rehired in the same place. All this time she was told by several people that she is no longer staying legally in US, so you can imagine how she felt. I can only hope that we will forget all the stress and anxiety we pass through.

I'm sorry to hear of the trouble you've had but very relieved to read that your wife now holds a green card!

Shezi