I-485 denied, motion to re consider denied due to no I-94. New evidence found please help!

[krishnalover 0]

Hello,

I filed for I-130 in sept. of 2011 which was approved. My lawyer then filed for I-485, had my interview in NYC in april 2012. I was denied because I didn't have I-94 and they couldn't find me in the system. I had filed the application to receive a duplicate I-94 back in 2008 which came back with nothing either..

I filed for 290 B motion to reconsider with affidavits from relatives and stuff, that was denied as well.

Recently a friend of mine had some connections internally at the homeland security and found me in the system. USCIS had entered my dob as my Indian passport I have been stranded for the last 3 years with no status, lost my job all because of a stupid mistake on their part.

I have been told that now motion to re open is the way to go. Does anyone know if I am on the right track. Though I have a lawyer but I am a little skeptical of him and want to verify all the facts. Also in cases like this where USCIS was unable to provide me my info causing me delay, what is the timeline?

I'd really appreciate if you can provide me some info!

Thank You!!

[jajaju 33]

That's in-sane! I would be so mad! In a perfect world I'd hope they'll zoom your process. I hope your lawyer can help you, all the best of luck.

[Pitaya 2,577]

~~Moved from Family-based AOS Process to WST-based AOS Progress Forum~~

~~Inquirer not AOS from family-based visa~~

It helps everyone that uses the forum.

[olsan3 8]

Wow.. thats crazy.

I suppose you can re-open it.

[Hypnos 6,577]

For a motion to re-open / re-consider to be successful then you must show that USCIS' initial decision was incorrect in law. USCIS were right to deny you the first time because you didn't enclose proof of legal entry, therefore their decision was correct.

You should forget about a MTR and just submit a whole new I-485 package.

Edited August 15, 2013 by Hypnos