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Need help urgently!!! Motion to re-open denied!!!

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  • Need help urgently!!! Motion to re-open denied!!!

    My wife and I were married in 2002. We filed the I-485 then the I-751 and were scheduled for an interview. My mother-in-law fell gravely ill and my wife was not able to attend the interview. My petition to remove conditions was then subsequently denied, after which we filed a motion to reopen with all the evidence(medical records, appointment, affidavits, etc). Today I received a letter saying the motion was denied and the previous decision upheld.

    What the hell do I do now? Our marriage is legitimate, we live together and have done so since 2001.

    Is there a way to appeal the decision? How about work permit as I wait for the NTA? I have bills to pay.
    Can I file another motion to re-open?

    My lawyer filed the motion to reopen and said she would get a chance to talk to the person who made the decision, however, she didn't, and so basically she just filed the paperwork. Anyway, I'm very distraught because of this, and hoped someone here would have some helpful advice.

    Thanks.

  • #2
    My wife and I were married in 2002. We filed the I-485 then the I-751 and were scheduled for an interview. My mother-in-law fell gravely ill and my wife was not able to attend the interview. My petition to remove conditions was then subsequently denied, after which we filed a motion to reopen with all the evidence(medical records, appointment, affidavits, etc). Today I received a letter saying the motion was denied and the previous decision upheld.

    What the hell do I do now? Our marriage is legitimate, we live together and have done so since 2001.

    Is there a way to appeal the decision? How about work permit as I wait for the NTA? I have bills to pay.
    Can I file another motion to re-open?

    My lawyer filed the motion to reopen and said she would get a chance to talk to the person who made the decision, however, she didn't, and so basically she just filed the paperwork. Anyway, I'm very distraught because of this, and hoped someone here would have some helpful advice.

    Thanks.

    Comment


    • #3
      Hi Casper,

      Sorry to hear about your situation. I believe you can appeal the denial, but your lawyer should know more about this. What was the reason they originally denied you?

      Comment


      • #4
        According to the decision, because they didn't believe that my wife had a medical emergency and therefore couldn't make it to the interview. They haven't even interviewed us yet!!

        What should I do?

        Comment


        • #5
          Did you go to the interview, or cancel it due to your wife's circumstances? I still say you probably have a right to appeal the decision.

          Comment


          • #6
            I went to the interview without my wife and tried to explain the situation to the INS officer. then a couple of weeks later, I received the denial. Then I filed a motion to re-open, which has just been denied.

            Comment


            • #7
              Go here

              This might not fit your case exactly, but it gives some good information for next steps. Were you asked to provide more evidence of bonafide marriage?

              Comment


              • #8
                Yes, and provided affidavits, joint bank account etc. It was denied solely on the fact that my wife wasn't present for the interview.

                Comment


                • #9
                  How do I appeal the decision? Obviously it needs to be reviewed by another office than the one who already denied my twice.

                  Comment


                  • #10
                    I found this. Hope it helps!

                    http://www.visapro.com/Immigra...rticles/?a=1122&z=48

                    Can I Appeal an Adverse Decision?

                    If your application to remove the conditions on your permanent residence is denied, you will receive a letter that must state exactly why the application was denied. Soon after your petition is denied the USCIS will begin the process to remove you from the country. You will be allowed to have a hearing before an Immigration Judge who will review the denial of your application during removal proceedings. During this review, the USCIS must prove that the facts on your application were untruthful and that your application was properly denied. If the Immigration Judge decides to remove you from the country, you may appeal this decision to the Board of Immigration Appeals in Washington, DC.

                    Comment


                    • #11
                      Thank you.

                      Any idea how long ot takes to get the NTA?

                      Should I file an appeal before I receive it?

                      Comment


                      • #12
                        You're welcome. Your attorney should be able to give the answer. You do have a good immigration lawyer, right? I'm not an expert. Just someone who tries to help provide information. I wish you luck!!!!

                        Comment


                        • #13
                          Casper888,

                          I hate to sound negative, but I'm quite sure that any adverse decision must be appealed within 30 days of the date on the "Notice of Decision."

                          There is a huge amount of immigration fraud going on. The fraudsters succeed where you and I fail. This is because they approach it differently. They pay top attorneys to find American spouses for them. The attorneys then coach the participants, and the USCIS renders the almighty green cards. It's all about knowing how to work the system.

                          In your case you needed to bring proof of your Mother-in-law's situation to the interview. You needed to re-schedule another interview at that time.

                          Comment


                          • #14
                            This is the first recorded incident in the history of immigration for an I-751 to be denied. There must be more to this story he is not telling.

                            Comment


                            • #15
                              <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">There must be more to this story he is not telling. </div></BLOCKQUOTE>

                              Either that, or he's a white man?

                              Comment



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