Moms I-485 got denied. What is a best course of action now? (merged threads)

[KP & SP 9]

Dear Friends,

 

I filed I-130 for my mother on Oct, 2022 which is still pending. Based on the letter I can see that her medical was improperly filled out, how could I have known when it is sealed. But, what is my next course of action.

Is the issue with medical (I-693) or Affidavit of Support (I-864) or both? 
Do you recommend I should refile or file I-290B?

If we were to refile I-485, is there a time limit when it should be done by since it says something about 33 days on page 3?

 

Thank you,

 

In the last page this is what it says, 

If you believe that the denial of your Form I-485 is in error, you may file a motion to reopen or a motion to reconsider using Form I-290B, Notice of Appeal or Motion. You must submit Form I-290B within 30 days from the date of this notice (33 days if this notice was received by mail).
To access Form I-290B or if you need additional information, please visit the USCIS Web site at www.uscis.gov. For questions about your application, you can use our many online tools (uscis.gov/tools) including our virtual assistant, Emma. If you are not able to find the information you need online, you can reach out to the USCIS Contact Center by visiting uscis.gov/contactcenter.
The motion shall be filed on Form I-290B, together with the current fee and mailed to:
USCIS
Attn: AOS
P.O. Box 805887
Chicago, IL 60680
The evidence of record shows that, when you filed your application, you were present in the United States contrary to law.
You are not authorized to remain in the United States. If you do not intend to file a motion or appeal on this decision and fail to depart the United States within 33 days of the date of this letter, USCIS may issue you a Notice to Appear and commence removal proceedings against you with the immigration court. This may result in your being removed from the United States and found ineligible for a future visa or other U.S. immigration benefit. See sections 237(a) and 212(a)(9)(B) of the INA.
To review information regarding your period of authorized stay, check travel compliance, or find information on how to validate your departure from the United States with Customs and Border Protection (CBP), please see (https://94.cbp.dhs.gov/194/#/home).
Sincerely,

Thank you,

[Boiler 45,733]

I am going to assume you filled in the I 130 incorrectly.

 

When did she enter the US and how?

[K1visaHopeful 2,850]

Thread moved to the appropriate forum "Bringing Family Mrmbers of US Citizens to America" as you are not a K1 AOSer.

[Timona 4,208]

You can't appeal. It's isn't USCIS' fault. Don't even waste your time there. 

 

You should ahev received a copy of I-693 & reviewed it. 

 

Send a frsh new package, new fees etc. 

[KP & SP 9]

2 hours ago, Boiler said:

I am going to assume you filled in the I 130 incorrectly.

 

When did she enter the US and how?

She entered legally and it was in 2022. Is it possible that I-130 is still pending and I-485 approved?

[KP & SP 9]

1 hour ago, Timona said:

You can't appeal. It's isn't USCIS' fault. Don't even waste your time there. 

 

You should ahev received a copy of I-693 & reviewed it. 

 

Send a frsh new package, new fees etc. 

New I-485 and all the supporting documents? Also, can I send in a new medical report along with I-485, all in the same package or should I wait for them to send me a RFE for the medical?

[Timona 4,208]

2 minutes ago, KP & SP said:

She entered legally and it was in 2022. Is it possible that I-130 is still pending and I-485 approved?

 

How when you just said it was denied? 

[Timona 4,208]

6 minutes ago, KP & SP said:

New I-485 and all the supporting documents? Also, can I send in a new medical report along with I-485, all in the same package or should I wait for them to send me a RFE for the medical?

 

Best to refile everything, the whole package. I-130 et al. 

 

No need to wait for anything. 

You have to do new medical. Maybe talk to previous doctor to see if he'll just update the last I-693 at a discount, unless you want to pay full price for it too.

Edited September 27 by Timona

[KP & SP 9]

16 minutes ago, Timona said:

 

Best to refile everything, the whole package. I-130 et al. 

 

No need to wait for anything. 

You have to do new medical. Maybe talk to previous doctor to see if he'll just update the last I-693 at a discount, unless you want to pay full price for it too.

Thank you, I-130 is still pending. Wouldn't the same I-130 work?

[KP & SP 9]

24 minutes ago, Timona said:

 

How when you just said it was denied? 

Maybe I confused - I was just asking a question. Is it possible I-485 be approved even though I-130 is still pending? 

[Timona 4,208]

25 minutes ago, KP & SP said:

Maybe I confused - I was just asking a question. Is it possible I-485 be approved even though I-130 is still pending? 

 

You just said it was denied. 

 

Are you a US citizen?

[OldUser 6,979]

45 minutes ago, KP & SP said:

Maybe I confused - I was just asking a question. Is it possible I-485 be approved even though I-130 is still pending? 

No. But online status for I-130 case can be out of date.

[KP & SP 9]

1 hour ago, Timona said:

 

You just said it was denied. 

 

Are you a US citizen?

Yes I am.

[KP & SP 9]

Dear Friends,

 

Little background

 

 

I-130 filling date: October 18, 2022

I-485 filing date: Jul 12, 2023

I-94 authorized to stay date: 11/05/2022

She has a B2 visa and was inspected. Mom is still here in the US.

 

 

I am a US Citizen and filed I-130 which is still pending.

My mom's I-485 was denied because in the medical report, the civil surgeon forgot to include his contact information, certification and signature were not complete.

So, I am refiling I-485 but ran into some confusions.

 

Based on I-94 date and I-485 filing date, looks like mom overstayed for about 8 months. So here are my confusions.

 

 

Question 14 - Page 10. Have you EVER been denied admission to the United States - since her I-485 is denied should I say YES?

Question 78.a., 78.b., 79.a., 79.b. - Should they be Yes or No? I believe the answers for all these should be No but wanted an expert advise.

These are the questions.

Since April 1, 1997, have you been unlawfully present in the United States:

78.a. For more than 180 days but less than a year, and then departed the United States? (Yes/No)

78.b. For one year or more and then departed the United States? (Yes/No)

79.a. Having been unlawfully present in the United States for more than one year in the aggregate? (Yes/No)

79.b. Having been deported, excluded, or removed from the United States? (Yes/No)

 

Thank you so much.

 

 

[Timona 4,208]

Refile afresh. Everything