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I-495 denied because filed too quickly

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  • I-495 denied because filed too quickly

    Hi, My family was granted political asylum on June 06, 2008. My children (18 and 19 years old) came to U.S on February 14, 2009. We applied for my children's adjustment of status on September 5, 2009 thinking that they were eligible one year after granting asylum. We do not have an attorney and paid $1,010 for each of them and USCIS requested the medical examns so their medical examinations are under way.
    USCIS denied the application on October 27, 2009 because they needed to be physically present in the United States for one year. The letter says that the decision is without prejudice to filing another I- 485 once they have accrued the one year here.
    It also says that "No appeal shall lie from this decision but we can file a motion to
    re-open with a proper fee within 30 days of the date of the decision.
    My question is: What do we do?
    Do we have to file a motion to reopen? I know we can re apply on Feb 15, 2010 but what about the fees? do we have to pay $2,020 again? would we have to pay for the medical examinations again too?
    Any help will be greatly appreciated
    Thanks a lot!

  • #2
    Hi, My family was granted political asylum on June 06, 2008. My children (18 and 19 years old) came to U.S on February 14, 2009. We applied for my children's adjustment of status on September 5, 2009 thinking that they were eligible one year after granting asylum. We do not have an attorney and paid $1,010 for each of them and USCIS requested the medical examns so their medical examinations are under way.
    USCIS denied the application on October 27, 2009 because they needed to be physically present in the United States for one year. The letter says that the decision is without prejudice to filing another I- 485 once they have accrued the one year here.
    It also says that "No appeal shall lie from this decision but we can file a motion to
    re-open with a proper fee within 30 days of the date of the decision.
    My question is: What do we do?
    Do we have to file a motion to reopen? I know we can re apply on Feb 15, 2010 but what about the fees? do we have to pay $2,020 again? would we have to pay for the medical examinations again too?
    Any help will be greatly appreciated
    Thanks a lot!

    Comment


    • #3
      All fees are non-refundable. You will be paying again.

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