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  1. #1
    Join Date
    Apr 2009
    Posts
    11

    Default I-485 Denied, I-130 is Still Pending, Time is Running Out

    Here's the scenario. Visa Overstay mom & Visa Overstay daughter are seeking AOS through the USC husband/step-father. I-130, I-485, I-765 have been filed simultaneously on behalf of both.

    I-485 has been denied. There was no interview. It was denied, (got a letter in the mail) because RFE's were not satisfied.
    I-130 has NOT BEEN DENIED. It's still pending with some RFE's that we plan on satisfying ASAP, if it's still salvagable. Read on.....

    There had been some RFE's concerning the I-864 because according to the beneficiary, they failed to submit the Schedule C tax forms, showing that the joint-sponsor meets the guidelines (and the joint sponsor owns her own business, hence the RFE requested ALL SUPPORTING TAX SCHEDULES for the most recent tax year). The joint-sponsor failed to send in the Schedule C, showing that the income is from self-employment. This has turned out to be a very expensive oversight on their part!

    THERE HAS NOT BEEN AN INTERVIEW FOR THIS CASE, but my friends just got a DENIAL OF I-485 LETTER, dated 9-16 (why it took Immigration so long to get it out in the mail is beyond me, but whatever...)

    So, the letter says, in part: "There is no appeal to this decision. However if you are placed in removal proceedings, you maybe able to renew this application in such proceedings before an Immigration judge. Furthermore, this decision is without prejudice to future applications filed with the appropriate USCIS office.

    USCIS is not initiating removal procedures against you at this time. The decision, resulting in the denial of Form I-485, leaves you without lawful immigration status and you are now present in the Unites States in violation of law. You are required to depart the United States within 30 days from the date of this decision, or be subject to removal proceedings. Remaining in the United States beyond this time will affect your ability to return to the United States

    If you desire to file a motion, you must do so on Form I-290B WITHIN 30 DAYS from thd date of this notice, or 33 days if this notice was received by mail. The motion shall be filed on Form I-290B together witht he current fee and mailed to: NATIONAL BENEFITS CENTER....etc etc etc. "

    Seeing how they only have THIS WEEK to do the paperwork and get it out no later than next Monday, there is no attorney here that guarantees that he can do this. So, the petitioner/beneficiary want to just re-file, since they know how to fill out the paperwork. Plus, we were told it's faster, albeit more expensive, than filing a MTR w/ an attorney anyway.

    OUR QUESTION IS: CAN THEY RE-FILE BEFORE THE 30 DAYS ARE UP? Can they just fill out another I-485 for mom and I-485 for daughter, and pay the fees (again )?

    Also, if they include a I-765 petition in this, will they have to pay the I-765 fee?

    What about the medical exam? Seeing how the I-485 was denied, would they have to get another medical exam done?

    BEFORE YOU ANSWER....check out this next part!!! IN THE MEANTIME, while all of this is happening, they got an RFE for the I-130, (with the same date of Sept 16), asking for more proof of an established relationship (bank statements w/ both names, insurance, etc etc).

    QUESTION: So, this means that there might still be salvation for the I-130, right?

    So, should they send in the evidences for the I-130 RFE to the appropriate address? Or do you anticipate the I-130 being denied because the I-485 was denied?

    What are your thoughts concerning this pending I-130 in relation to the I-485 denial?

    We are going to USCIS office in South Carolina tomorrow, per their request through INFOPASS, but I know INFOPASS appointments are mostly a waste of time, but they asked me to go with them.

    Please, ANY INFORMATION you give me will be MUCH APPRECIATED. We're not asking for legal advice. Nothing you tell us will be taken as such. We just need a little guidance, that's all. And, as always, thank you very much for all your help, always!

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,844

    Default Re: I-485 Denied, I-130 is Still Pending, Time is Running Out

    Their best bet would appear to be filing the motion to reopen within the designated time frame, and then taking seriously the RFE's in the future. The I-130 would be reviewed prior to the evaluation of the I-485, so the issue here appears to be simply that they're facing the consequence of ignoring the RFE instead of providing the information required to complete their filing.

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