Please help I-485 denied

[Jan2211 9]

Just some extra information on my case, apparently, I can file a motion to reopen and/or reconsider but not appeal, these motions cannot be filed in person at a field office (info pass appt) Anyway, I had my medical today, I have hypertension but she said that is no big deal and I'm going back Friday to get my blood results, so then I should get my sealed envelope and I'm not leaving the office until I check every line! I had a telephone consultation with a lawyer yesterday and she said that the denial was plain nonsense, I am also seeing a lawyer face to face tomorrow for more advice.

Just some extra information on my case, apparently, I can file a motion to reopen and/or reconsider but not appeal, these motions cannot be filed in person at a field office (info pass appt) Anyway, I had my medical today and I'm going back Friday to get my blood results, so then I should get my sealed envelope and I'm not leaving the office until I check every line! I had a telephone consultation with a lawyer yesterday and she said that the denial was plain nonsense, . I'm still undecided about an info pass appointment, I could not get an appointment until next Wednesday and I could have the motion filed by then....so I am seeing a lawyer face to face tomorrow for more advice

Edited July 23, 2015 by Jan2211

[MariaAndreas 9]

If it comes down to the repeat medical then perhaps you can do it in Cyprus, hopefully everything gets sorted out, I agree this whole

thing could have been avoided if they would have send a 2. RFE instead. It ends up overloading 'the system' even more so and it's

definitely not efficient for the gov to operate like this.

Oh, if a medical needs or something else through embassy, unfortunately, I hardly can do anything in Cyprus, I'm not a resident here, but have to go to my country, to Russia. It's ok, but my hometown is far from Moscow, and the IOM clinic and the U.S. immigration interview can be only in Moscow. I remember I spent enough not only for consular fee and medical fee but also for tickets and hotel there. It's crazy w have to go through this all again, be separate for months of waiting... Look, it was ok waiting for K1 because I was still independent and worked. But now I am alone very unexpectedly and have no idea about for how long time we are separate and should I find a job now or no...

My husband is about to lose his business because there are many orders to execute, but instead of making money he has to deal with our immigration issue day by day. To add to it, we worked together and made an economy to pay our bills. And now... I don't even know where our life goes and what's tomorrow....

I don't understand, who works in USCIS to make this with people? Unconscious robots? Are they jealous to other's happiness or what? Apparently, these questions are rhetoric.

[Jan2211 9]

So latest update, I had a consultation today with an immigration lawyer and he recommends filing for motion to reopen and reconsider, including a statement from me supporting the motion and of course the missing documents, in my case, the sealed I-693 correctly filled in by the civil surgeon. Hopefully I can send this off tomorrow with my check. Another plus point is that once I have applied for the motion, my status reverts back to having an open Adjustment of status so therefore I can work whilst I am awaiting the decision of my motion. I am keeping my fingers crossed and hoping for the best, thanks everyone for all your advice so far

Edited July 24, 2015 by Jan2211

[Ebunoluwa 6,136]

So latest update, I had a consultation today with an immigration lawyer and he recommends filing for motion to reopen and reconsider, including a statement from me supporting the motion and of course the missing documents, in my case, the sealed I-693 correctly filled in by the civil surgeon. Hopefully I can send this off tomorrow with my check. Another plus point is that once I have applied for the motion, my status reverts back to having an open Adjustment of status so therefore I can work whilst I am awaiting the decision of my motion. I am keeping my fingers crossed and hoping for the best, thanks everyone for all your advice so far

Curious to know how this will play out and yes you will be able to keep working which is a big plus. Best wishes for a speedy approval !

[Jan2211 9]

Thanks Ebunoluwa:)

[MariaAndreas 9]

So latest update, I had a consultation today with an immigration lawyer and he recommends filing for motion to reopen and reconsider, including a statement from me supporting the motion and of course the missing documents, in my case, the sealed I-693 correctly filled in by the civil surgeon. Hopefully I can send this off tomorrow with my check. Another plus point is that once I have applied for the motion, my status reverts back to having an open Adjustment of status so therefore I can work whilst I am awaiting the decision of my motion. I am keeping my fingers crossed and hoping for the best, thanks everyone for all your advice so far

Oh, I hope everything will be OK with you!

Actually, your post gave me hope. Look, I filed MTR more than 2 months ago. Checking case status with MTR number I read:

"Case Was Received

On May 15, 2015, we received your Form I-290B, Notice of Appeal to the Commissioner, Receipt Number MSC..., and sent you the receipt notice that describes how we will process your case. Please follow the instructions in the notice...."

However, checking my initial AOS case number, I get the unchanged:

"Decision Notice Mailed

On April 28, 2015, we denied your Form I-485, Application to Register Permanent Residence or to Adjust Status, Receipt Number MSC... We mailed you a decision notice that explains why we denied your case and your options. Please follow the instructions in the notice..."

Based on what Jan2211's lawyer said, even when my AOS is still appears to be denied, is it actually now pending? I mean, can my EAD+AP (combo card) be also be "automatically reverted back"? But it was not stated anywhere in neither USCIS web site nor their letters to us. The only thing I found:

"Q. What happens when I file a motion?

A. You will receive a decision on any properly filed motion. Filing a motion, however, does not suspend the execution of any decision made in your case or extend a previously set departure date." (FAQ MTR USCIS)

Now I am confused and hoped.

Of course, you will say, "what's your problem, contact an immigration lawyer, like the author!" You know, based on my experience, I think that a lawyer can say anything and doesn't hold any responsibility for his/her words.

People, can Infopass give a correct answer about my current status? How reliable is it? Can my husband (with Power of Representative from me) ask an officer to provide him with the written answer, so I could take a copy with me to show on USA entry gate to prove my right?

[Jan2211 9]

Some lawyers give free 30minute consultations, make sure it's an immigration lawyer and he will give you good advice. He put my mind at rest for sure, he says even if my motion is denied, which he doubts very much, then I just start the whole I-485 process again. I don't think the decision changes in the website until they have reviewed your appeal or motion but at least they have it and are looking at it, according to the lawyer this puts you back to the "awaiting adjustment of status" stage. It's worth seeing a lawyer MariaAndreas and good luck to you and your husband.

[MariaAndreas 9]

Jan2211 the problem is that I cannot go home and this my deportation for months is killing us both. They can "be looking at it" as long as they wish, but they canceled my Advance Parole and don't let me come home!

We scheduled an appointment for August 03. But I had to appoint myself, and they require me to appear in person... I hope, the "Power of Representative, the letter I wrote and notarized in the U.S. Embassy by which I grant my spouse the right to act on my behalf, will work there. If no, then... they leave us no option, and we have to play hard.

I think the only way to make them work is to go to TVs, social medias, senator - make a noise about our story! May be it will push their asses a little.

We were trying to speak with them nice, but they only have fun on us! Day by day my husband calls them, goes there, explains our situation is emergent, sends his sales reports showing our financial loss, and they only chow their gums and repeats, "We can't help you sir, we know nothing, you have to wait". Wait, for how long? Wait to be destroyed completely? What is the difficulty to revert back my Advance Parole and let us save our family?

Unimaginably, we made everything right, they have all our papers under their nose, we have bona fide marriage, I never NEVER broke their law (unlike many other immigrants), I respected their laws and was nice with them. Why should we go through this now? Forget everything, your life is finished, kill yourself right now? And what all this for, where is my fault, what did I do wrong? What is logical conclusion... If you follow their law, you have hard time, right?

Now, they are pulling time waiting for our bankruptcy... But we both worked, had good stable income, our life was fine, we lived happy and had plans! And after they will deny because:

1) our income is not enough for I-864 anymore?? But it's exclusively their fault! They think, my spouse has to continue working and leave me aside alone, or better divorce and forget? We were very happy together before denial!;

2) my medical exam is expired? Right. I filed for AOS one year ago - of course, it is expired. And now it is their "mercy" to send us RFE about it, they better will just deny...

I could never imagine this nightmare. I wish I die right now, my life is finished anyway. Any other day of meaningless waiting is torturing.

Ok, Jan2211, I can find some lawyer who is not very stupid (many of them are). But where is a guarantee? What if I am said the same thing as you were said, that now I am awaiting for AOS and can be lawfully present in the U.S., so what would I have to say on a entrée border, "Mr.... the immigration lawyer, said to me on skype that I am allowed to enter"?

I am not sure that:

1) my husband will explain and understand a lawyer exactly (he may misunderstand, I made almost all paperwork);

2) the lawyer is not stupid and knows what he/she is saying;

3) border employee will not anyway stop me.

I am giving up already. So tired...

Edited July 24, 2015 by MariaAndreas

[MariaAndreas 9]

Jan2211, is there any news on your case?

[Jan2211 9]

No not yet MariaAndreas, I posted everything in Monday and I paid for next day delivery so I'm just waiting to hear that they have it and are working on it before I go back to work, then I just hope for a good decision!!

[TRUSTNOONE 8]

I second milimelo's advice. We used our congressman to expedite our EAD and it was amazing. He would keep calling USCIS, USCIS would *always* respond that they can't change anything in their process and I am in line just like everyone else, and then magically things would get updated 1 hour later. This happened over and over! So either the congressman helped or we just had a lot of coincidences.

(Also funny reply to your post using the word "partner"! Of course partner is spouse! Ah America.)

I couldn't even get my congressman to help check if USCIS had the wrong address in their computer system. They did, it was a typo on their end. Took forever for me to finally get through to somebody who let me know. Everyone else just repeated after me saying that was what was in the system. I know who I WON'T be voting for...

[Villanelle 4,122]

Jan2211, is there any news on your case?

Maria- your case is different from Jans even though you both filed MTRs.

For Jans I wasnt 100% sure that the EAD reverts back to a usable status once the Motion is file/accepted. I recalled others stating yes but couldnt find anything official to support it besides users posts and I usually like to see/find the policy before passing on word of mouth.

From my understanding of the process if you file a motion to REOPEN, then once its received and processed and in fact the underlying 485 is re-opened then other documents like the EAD and AP that need an approvable 485 to be valid become valid once again. Does that make sense?

When I suggested to Jan that he did not need to stop working the time line would be- lets say denied on Jan 1. That means the 485 was denied and anything associated with it. Then you file a MTR and on Jan 10th they receive it and re-open the 485. (they re-open it while the motion is being considered) Technically between 1-10 you had no work auth or travel auth. For work auth its okay because any work done during that time is forgiven. (not held against you) Some people need to work and cant leave the job and go back like Jan did.

For AP I am assuming it is the same (where it is denied while the 485 is showing denied-) BUT when your 485 goes to showing active again because the motion is being considered then the other benefits become active again.

Now I am not an immigration lawyer. I can not find anything policy wise to state the above just postings from others and a few lawyer responses (in regards to EAD not AP... However the one thing I did find in regards to traveling while a motion is filed supports the above. It does recommend not traveling because your entry is not guaranteed.

So what I would suggest is going to an infopass or calling on the phone and asking specifically if the motion was accepted (not approved- accepted) and if the 485 is open again and if your AP is able to be used to travel. I do believe once the 485 is open you are able to travel. You should also be able to see the status of your 485 online.

[Ebunoluwa 6,136]

Maria- your case is different from Jans even though you both filed MTRs.

For Jans I wasnt 100% sure that the EAD reverts back to a usable status once the Motion is file/accepted. I recalled others stating yes but couldnt find anything official to support it besides users posts and I usually like to see/find the policy before passing on word of mouth.

From my understanding of the process if you file a motion to REOPEN, then once its received and processed and in fact the underlying 485 is re-opened then other documents like the EAD and AP that need an approvable 485 to be valid become valid once again. Does that make sense?

When I suggested to Jan that he did not need to stop working the time line would be- lets say denied on Jan 1. That means the 485 was denied and anything associated with it. Then you file a MTR and on Jan 10th they receive it and re-open the 485. (they re-open it while the motion is being considered) Technically between 1-10 you had no work auth or travel auth. For work auth its okay because any work done during that time is forgiven. (not held against you) Some people need to work and cant leave the job and go back like Jan did.

For AP I am assuming it is the same (where it is denied while the 485 is showing denied-) BUT when your 485 goes to showing active again because the motion is being considered then the other benefits become active again.

Now I am not an immigration lawyer. I can not find anything policy wise to state the above just postings from others and a few lawyer responses (in regards to EAD not AP... However the one thing I did find in regards to traveling while a motion is filed supports the above. It does recommend not traveling because your entry is not guaranteed.

So what I would suggest is going to an infopass or calling on the phone and asking specifically if the motion was accepted (not approved- accepted) and if the 485 is open again and if your AP is able to be used to travel. I do believe once the 485 is open you are able to travel. You should also be able to see the status of your 485 online.

I agree with that because even during an RFE for the I-485 the EAD/AP is put on hold and that is written in USCIS policy online.

In theory the AP should be ok once the motion is accepted but will it translate all the way to the border ? I mean BP can be ignorant

of so many details in complicated cases.

[MariaAndreas 9]

Thank you Damara for your post. However, it brings nothing new I have not already known.

From my understanding of the process if you file a motion to REOPEN, then once its received and processed and in fact the underlying 485 is re-opened then other documents like the EAD and AP that need an approvable 485 to be valid become valid once again. Does that make sense?

Does it make sense for whom? For me, for a border officer, or for an immigration officer? For me, yes, it makes sense. So what? Do you think if it makes sense to me, it is enough to book a ticket now?

For AP I am assuming it is the same (where it is denied while the 485 is showing denied-) BUT when your 485 goes to showing active again because the motion is being considered then the other benefits become active again.

How can I know if the underlying 485 is reopened?

I wrote few posts above and am repeating once again:

USCIS Case Status from here: https://egov.uscis.gov/casestatus/landing.do.

MTR:

"Case Was Received

On May 15, 2015, we received your Form I-290B, Notice of Appeal to the Commissioner, Receipt Number MSC..., and sent you the receipt notice that describes how we will process your case......."

AOS, I-485

Decision Notice Mailed

On April 28, 2015, we denied your Form I-485, Application to Register Permanent Residence or to Adjust Status, Receipt Number MSC..... We mailed you a decision notice that explains why we denied your case and your options......."

So may be I-485 is in fact reopened, but they don't update this information online. I don't know and don't know how to know the truth.

If you know another way to find out my I-485 and AP status, please, let me know. I would be very thankful for it.

So what I would suggest is going to an infopass ....

Of course my husband went to an Infopass! The last one was two days ago, on August 3. He ended up speaking with a manager. On ALL his questions she answered "I don't know" (!!!), adding that she would convey our information to the immigration lawyer. That's it!

or calling on the phone and asking specifically if the motion was accepted (not approved- accepted) and if the 485 is open again and if your AP is able to be used to travel.

This number: 800-375-5283? Don't you think we have called many times? There are stupid boys and girls saying they know nothing! "We have no information, sir ... you have to wait, sir.... bla-bla-bla".

If you know another phone number where somebody knows something, please, let me know. I would be very thankful for it.

You should also be able to see the status of your 485 online.

Could you please inform USCIS about it? Because they are not aware.

Sorry if rough, but do you seriously think we have been sitting on one place and have been waiting for someone to advise us to call NSCS or go to an Infopass? Of course, we used them! And yes, I spoke with a bunch of immigration lawyers (yes, American ones!). All they know is how to fill in elementary forms and take thousands of dollars for it. Nobody knows anything about Motions. They didn't study it in their universities.

Our last hope is our senator! His aide is working on our case now. She showed interest on us, and we hope she was honest. She got all the information from us and, I hope, has already sent an inquiry to the USCIS. So they should give her a response within 48 hours.

Edited August 5, 2015 by MariaAndreas

[Villanelle 4,122]

They are probably telling you they dont know anything because they dont. First- the online system is not always accurate. I believe it has a disclaimer somewhere? Many people on here have struggled with the online system- some cant even log on, some it displays incorrect info yet for others it works perfectly. That why I suggested asking directly via infopass or phone line if your 485 was reopened. Apparently it is NOT if they are telling you they have no information on the 485 besides being denied.

There are quite a bit of people posting about needing to renew their EADS while a motion is pending and it seems to be hit or miss. Some send it in and are denied as the 485 is not reopened at the time they sent it in and others send it in no problem. I know this doesnt help you specifically but its just to point out that it depends on the 485 being reopened at the time of filing/using a benefit.

The second problem with this whole thing that Ebun brought up is we are talking about AP and not the EAD. Your AP can be valid but still not able to be used. This is made very clear in many many places. It is up to the discretion of the border agent. So first you need the 485 to be reopened that will make your AP valid once again- then you have to attempt to use it and see what they say.

Everyone is presumed to have immigration intent. Which means they can see that you have a motion and got the 485 re-opened and say No we are denying you entry because we simply dont know if your motion is going to be approved or if you will be denied. If you are denied then you are in the US with out status- so they arent going to let you in.

Thats something no one can help you with not infopass nor a senator/congressperson. The congressperson may be able to help get your motion moving along , may be able to get your 485 reopened but thats not a guarantee you will be able to enter. No one can guarantee you that in this circumstance.

I understand that you are frustrated and its a bad situation all around so no offense is taken.