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    Default Green Card Denied - Motion to Reopen

    My husband and I got married over a year ago. I am a US citizen and my husband is an international graduate student from Brazil. We applied for a green card for him, but we were denied due lack of J1 Waiver on February 12. We have received the non Objection Statement from Brazilian Embassy and have been granted the recommendation for the J1 Waiver from the Department of State on February 27 of this year. The final decision lies with USCIS, but we have not heard from them yet, and it has been over 3 months since DOS sent that recommendation letter to them.

    We have been advised to file Motion to Reopen & reapply for the green card, even though we were not granted the J1 Waiver from USCIS yet.

    My questions are:
    1.) Can we reapply for the green card now?
    2.) How does the Motion to Reopen works? What are the steps etc?

    Please help us. Thank you!

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