quote:

Originally posted by jjworks:
Please note that if CIS denied your I-485 application YOU ARE NOT ENTITLED TO APPEAL IT.

However, you are entitled to file an action for mandamus and declaratory relief with the US District Court having jurisdiction over the CIS office you applied. In such action, you would ask a federal district magistrate or judge to issue an order compelling the CIS to accept your evidence if you can demonstrate that you have established your burden of proof.

I recently had a case where the applicant had to demonstrate that he indeed departed the US to avoid the Service's rejection of his application because the applicant had been in removal proceedings earlier. True that he was in remmoval proceedings, and true that the Immigration Judge told him to leave voluntarily by a certain date. He complied with that order. Then, he came back to the US and married the mother of his children and a US citizen. He filed his I-485 application with CIS, but the Service rejected it by stating show me that you have actually left the US. Otherwise, you must ask the judge to reopen your case. As in your case, the airline did not keep the records for that long. However, he had presented sufficient evidence through affidavits of those who took him to the airport, a copy of the airline ticket, but not the actual entry document into his country. The Service kept rejecting his application and would not consider it because it believed that he needed to reopen his removal case.

I filed a complaint in federal district court and in less than 60 days, the CIS had agreed to accept the evidence.

You can do the same.

However, contrary to what others have mentioned that you should appeal, the law does not provide you with an opportunity to appeal a denial of the I-485.

quote:

Originally posted by dmartmar:
If you already have an atty., then what are you doing here asking for advice?

quote:

Originally posted by dmartmar:
If your atty. specializes in immigration law, believe you me when I say he/she knows everything related to the field.

quote:

Originally posted by Kumar555:
I know for sure that before 9/11 all airlines and the INS Official most of the time they never used to collect the I-94 from the departing passngers.

I went to the US Embassy and given my to them and seen many vistors have to do this.

quote:

Originally posted by Kumar555:

quote:

Originally posted by Kumar555:
I know for sure that before 9/11 all airlines and the INS Official most of the time they never used to collect the I-94 from the departing passngers.

I went to the US Embassy and given my to them and seen many vistors have to do this.

quote:

Originally posted by qtpinoy54:
My i-485 was approved after we filed a motion to re-open the case. I'm now a permanent resident. thank you so much to all the people who helped me with their POSITIVE input.