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  1. #1
    Join Date
    Jul 2012
    Posts
    3

    Default I-485 Denied Because I-130 Was Denied, but I-130 is Still Pending

    Hi Everyone,
    I received I485 denial letter last night with the the reason "I485 was Denied because..... the Petition for Alien Relative submitted on your behalf has been denied" but on the UCSIS portal my I-130 is still pending, How could this be? i did not receive any updates on my I130 and its not even denied, how is it possible? i have been married to USC since 2005 and we filed in 2005 all forms, i had two interviews one in 07 and the other in 09 they asked for RFE which we sent immediately (the day after the interview)... for the last 3 years we did not hear anything, We called in May 12 they said someone is looking to the case and they will send you a notice shortly! now i receive this letter of denial!!! it states that i can file for motion to reopen or reconsider within 30 days of this letter. My wife and myself are freaking out right now due to the fact that ill be losing my job because i can't work with a denied I485. I support my whole family, my wife doesn't work. please help with any advice or suggestions.

    Thanks

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: I-485 Denied Because I-130 Was Denied, but I-130 is Still Pending

    What can you learn here.

  3. #3
    Join Date
    Jul 2012
    Posts
    3

    Default Re: I-485 Denied Because I-130 Was Denied, but I-130 is Still Pending

    Thanks for your reply. In the link you sent the I485 is showing status "Decision" in the content it shows " you will receive a letter explaining reasons for your denial..." I received my letter the same day i received the notice online (by email) in the letter is explains that My I485 was denied because my " Petition for Alien Relative" which is my I130 has been denied. the confusing part is my I130 is not Denied its still pending! i never received any notices and the online portal shows the status as "Pending".

    Could this be a mistake on their end? how should i proceed, motion to reopen or should i just go talk to them via info-pass? should i hire an attorney? i'm about to loose my career because of this, my EAD is no longer valid due to I485 denial. PLEASE advice and thanks in advance.

  4. #4
    Join Date
    Jan 2007
    Posts
    1,695

    Default Re: I-485 Denied Because I-130 Was Denied, but I-130 is Still Pending

    Especially since your job depends on it, you can afford to consult an attorney.

  5. #5
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: I-485 Denied Because I-130 Was Denied, but I-130 is Still Pending

    If you have confirmed through the online case status check that your I-130 remains pending and the letter you received states that the denial of your I-485 resulted from the dismissal of your I-130, it follows that (1) the reason given for the denial of the I-485 is in error, and it was denied for a different reason; (2) your I-130 has been denied and the computer system does not properly reflect the denial; or (3) your I-485 was denied in error because, for some reason, the person reviewing it mistakenly believed your I-130 had been denied.

    We cannot investigate any of that for you, so you either need to get in touch with the USCIS to see what you can learn - being very careful not to miss any deadlines for challenging or appealing their determinations - or retain a lawyer to assist you with that process.

  6. #6
    Join Date
    Jul 2012
    Posts
    3

    Default Re: I-485 Denied Because I-130 Was Denied, but I-130 is Still Pending

    Thank you so much for your opinions on the I485 denials. I have contacted an attorney and she should let me know this afternoon of what to expect next. I was thinking it could be a System error not updating in the online case statuses but my I485 was updated immediately (the same day i received the letter) so did my Work authorization application couple of weeks ago (approval). I contacted USCIS on May 12 to inquire about the status of both application they said they were both in a pending status at that time, i'm pretty sure i did not miss any notices in the mail. is it possible that I485 and I765 got updated correctly but not the I130? If its an error then what do they put my I485 back on pending status until they investigate more? how does it work?

    I hope this gets resolved soon, my wife and i could not get any sleep since Friday, so stressed out and don't have a lot of money.

    Thank you again for taking the time.

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