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Refile or Not to Refile

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  • Refile or Not to Refile

    I had my interview in July, 2009, (Officer Not Satisfied), My wife and I quarreled and she moved out in August, Immigration located her and she told them we had a quarrel, she was coerced to withdraw the application, We resolved the issue and moved back in September. We got a denial notice last week in september (No NOID). My wife filed a MTR (Reopen and Reconsider), She also filed another I-130 (Since the first one was withdrawn by her). We have gotten an approval on the I-130, No response on the MTR and the Status on online still shows denied. Should I re-file another I-485 or wait? Please advice. Also, am I deportable? since my I-485 has been denied and my visa expired. Please advice on the best way forward.

  • #2
    I had my interview in July, 2009, (Officer Not Satisfied), My wife and I quarreled and she moved out in August, Immigration located her and she told them we had a quarrel, she was coerced to withdraw the application, We resolved the issue and moved back in September. We got a denial notice last week in september (No NOID). My wife filed a MTR (Reopen and Reconsider), She also filed another I-130 (Since the first one was withdrawn by her). We have gotten an approval on the I-130, No response on the MTR and the Status on online still shows denied. Should I re-file another I-485 or wait? Please advice. Also, am I deportable? since my I-485 has been denied and my visa expired. Please advice on the best way forward.

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    • #3
      Wait. You are not illegal yet, because with the final denial will come a Notice To Appear, a hearing before an immigration judge.

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      • #4
        Thank you federale86, my fear is that, will they not put me in deportation if I get a denial notice? and if so, would the judge bail us out? If the I-485 is refiled, can USCIS deny it, is there any basis for denying the I-485 (Like because of the current MTr or anything similar) ?

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        • #5
          Did you get a receipt notice for the MTR?

          If not, was the filing fee check for the MTR cashed? If so, your receipt number should be on the back of the canceled check.

          When you file for MTR, you get a new receipt number- the receipt number for the I-485 will continue to show denied until they decide to reopen it.

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          • #6
            Just wait until you get a response on the MTR.

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            • #7
              I got a receipt, it was stapled to an envelop, there was'nt a receipt number on it. thanks for your response.

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              • #8
                you should file new 485. if first 130 was withdrawn and there were no second 130 pending .485 is dead. file new one.
                you can file 130 seperate or with 485 but 485 wll not be looked at unless 130 is approved. althought both can be adjucated concurrentlty but if any time 130 is withdrawn and same time 485 is pending , 485 is dead.
                Its a discussion, not a legal advise..

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