I got a letter last week informing that my I-485 application was denied due to absence which in have't received any interview letter from USCIS. I am legally married to a UC in court here and is leaving in the same address and filed tax together.I have filed a motion to reopen 2 days back. Is this is only thing to do after i-485 is rejected or do i need to reapply i-485 again.

How do i know they have accepted my motion to reopen.
Is my EAD card will be cancelled since my I-485 is denied or i can still work.
How long it takes to know if they have accepted or not?

Please update me

I am really scared about not receiving anything in the mail. It seems to happen sooooooo many times.

What's the deal about this?

Do you guys have an online account the USCIS.

onling account doesnt mean anything. I have been going online everyday to find out what progress is happening with my case. Last thursday there was no change online, but the post arrived and I have been approved my EAD. Today I get the email saying it has been approved. Just shows how overworked they are.

At what time did you hand it in?

I hope you guys sent all of your forms and correspondence with the USCIS registered mail with a return receipt

Regardless what other said.. here is my answer:

There were two ways to correct this problem.. one you should have taken appoi9tment and explain that you didnot received appointment letter.. DHs will look up your Last known address on the record and confirm if interview letter was really issued or not..
Second.. you supposed to do Appeal .. not motion.. appeal has to go to AAU .. if it failed in AAU the AAO etc..I can't say if you did right or wrong..I didn't seen you paperwork

Well actually is better to do a motion for reconsideration/reopen to the office who made the decision. If i was you, i would hire an experienced imm attorney ASAP.

can someone tell me where and why to do motion to reconsideratio? is ther any motion filed? under what guidelines.. ca you poited me which SOP/ DOP you are talking about?
SOP=standard operating Procedure.
DOP= Department operation procedure..

what department have the procedure intact that says that alien can file Motion once I 485 denied? and not appeal?
Careful what you say. Discuss logically with supporting Law/docs/Sys. IF its wrong , its mislead people.. any you don't want to do that.

Unfortunately you can no longer appeal I-485 denials to the AAU. Under 8 C.F.R. section 103.3(a)(1)(ii) you can only appeal unfavorable decisions to the AAU if those decisions are listed at 8 C.F.R. section 103.1(f)(2). Unfortunately, 103.1(f)(2) no longer exists. The BIA also does not have appealate jurisdiction of DHS denials of adjustment applications. See 8 C.F.R. section 1003.1. Now you can only do a motion to reopen or reconsider pursuant to 8 C.F.R. section 103.5.

This is complicated stuff and I would highly recommend hiring an attorney to file the motion to reopen. It is possible to reopen cases when the interview notice is not received. I have seen it happen.

quote:

8 C.F.R. section 103.3(a)(1)(ii)

Comon guys.. it 1003 now.. do I have to say that too..?http://www.usdoj.gov/eoir/bia/qapracmanual/pracmanual/chap9.pdf

Actually the DHS operates under 8 C.F.R. 101, etc. The EOIR under 1001-1399. They are seperate agencies with seperate jurisdictions. This guy's application was denied by the USCIS which is part of the DHS. Therefore, the regulations governing his case appear at 101-507.

http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?&c=ecfr&t.../Title08/8tab_02.tpl

[URL=http://www.usdoj.gov/eoir/bia/qapracmanual/pracmanual/chap9.pdf[/URL

check the jurisdiction part... Fees is 385 now.. hope this helps..

http://www.usdoj.gov/eoir/bia/qapracmanual/pracmanual/chap9.pdf

I'm sorry, I don't want to get into a contest with you, but OP's case involves the denial of an adjustment application, not a visa petition denial. They are different.

Yes.. I know thats why I said.
I 130 ... Jurisdiction always rely with DHS.

I 485.. jurisdiction rely with DHS till NTA/OSC issued..
If denied .. appeal can be taken with AAU.. 30 days.
forther more AAO.. 30 days
exhaust in AAO..
New route.. BIA... Motion.. then MTR( reconsider 30 days limit)
denied..... Circuit Court..

You can no longer appeal an adjustment denial to the AAU. Period. You can only do a motion to reopen or reconsider. Yes, in the past you could appeal to the AAU, but that avenue has been closed. You shouldn't tell people to appeal something that is not appealable.

But you do make a point about the new regulations.
Purappad - If you previously had a visa or if you crossed the border illegally without getting caught at the time of entry and you are issued a Notice to Appear as a result of the denial of your I-485, you can renew your application before an Immigration Judge, who will get to grant or deny. And if the IJ denies you can appeal to the Board. Appealing to the Circuit Courts is still an undecided issue. Unclear if the courts have jurisdiction even after the Real ID Act.

The lesson here, Purappad, is that the jurisdictional and legal problems in your case are complex. You should find a competent immigration attorney.

Not correct....

Example you given i last post is not correct.. alien still can appeal the decision in front of same judge before moving to BIA..
MInd that it will be automatic stay till the decision and also the automatic stay if alien take MTR on immigration judges decision..
Back to origional post.. if you think the law written is wrong and changed then point it out the link of proof or PR decission where the appeal is denied by the AAU/AAO due to lack of jurisdiction?
Furthermore... There are thousands of LAte amenesty CSS/LULAcC applicatioin denied by DHS and still continuous appeals in AAO.. some cases there are three appeal are taken after failing others..
FYI: AAO return the file back to DHS if appeal is denied. you may be confused BY.

IF ADJUSTMENT IS DENIED... there is no Appeal.. MEan you cannot appeal in the DHS.. You are forced to move to NExt step.. I.E. AAU.
AAU denied .. go to AAO.. If denied then file will be transfer to DHS back.. no further action.... case is dead...
Then Alien have choice to Go further TO BIA... etc..

You know we are basically talking about the same thing only from a different viewpoint. The process for filing an appeal and a motion to reopen are exactly the same. You have to file form I-290B to the USCIS office and pay the $385 fee whether you call it an appeal or call it a motion to reopen.

Wrong again... appeals has form .. motions are written on plain piece of papers..