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INS denial letter listed with wrong information!

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  • INS denial letter listed with wrong information!

    My I-485 got denied a little bit more than one month. I want to know if it is possible to file a motion to re-open 'cause whatever the INS listed on the letter were wrong. Like INS stated that we sent in application in 1999, which was wrong. We were not even married in 1999. And INS stated that he sent us a notice to denial in April, which was a lie 'cause he handed the notice to us in september.

  • #2
    My I-485 got denied a little bit more than one month. I want to know if it is possible to file a motion to re-open 'cause whatever the INS listed on the letter were wrong. Like INS stated that we sent in application in 1999, which was wrong. We were not even married in 1999. And INS stated that he sent us a notice to denial in April, which was a lie 'cause he handed the notice to us in september.

    Comment


    • #3
      You Can appeal the decision but appeal is timely barred which you have already passed.
      your appeal will be denied based on untimely filed. you already spend 30 days.
      read this


      b) Appeals process. An adverse decision under this part may be appealed to the Associate Commissioner, Examinations, Administrative Appeals Office (AAO), who is the appellate authority designated in § 103.1(f)(3) of this chapter. Any appeal shall be submitted to the Service office that rendered the decision with the required fee.



      (1) If an appeal is filed from within the United States, it must be received by the Service within 30 calendar days after service of the Notice of Denial (NOD) in accordance with the procedures of § 103.3(a) of this chapter. An appeal received after the 30 day period has tolled will not be accepted. The 30 day period for submitting an appeal begins 3 days after the NOD is mailed. If a review of the Record of Proceeding (ROP) is requested by the alien or his or her legal representative, and an appeal has been properly filed, an additional 30 days will be allowed for this review from the time the ROP is photocopied and mailed.



      (2) If an applicant's last known address of record was outside the United States, and the NOD was mailed to that foreign address, the appeal must be received by the Service within 60 calendar days after service of the NOD in accordance with the procedures of § 103.3(a) of this chapter. An appeal received after the 60 day period has tolled will not be accepted. The 60-day period for submitting an appeal begins 3 days after the NOD is mailed.



      (c) Motions. The Service director who denied the application may reopen and reconsider any adverse decision sua sponte. When an appeal to the AAO has been filed, the director may issue a new decision that will grant the benefit that has been requested. Motions to reopen a proceeding or reconsider a decision shall not be considered under this Subpart B.



      (d) Certifications. The Service director who adjudicates the application may, in accordance with § 103.4 of this chapter, certify a decision to the AAO when the case involves an unusually complex or novel question of law or fact.



      Youa appeal will only be considered if you file the timely appeal within 30 days od your decision, and then service will look in it whats wrong with the decision.
      service gives the first priority to time limit and they will not look into the matter unless its timely.

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      • #4
        I cannot believe it.
        does it mean if your appeal is not timely and you are married to a USC then you have no chance to ajustment of statut ? is there anything you can do about IT ???

        Comment


        • #5
          Yes, thats what adjectly I,m saying.
          when someone file the appeal, first they look for the time peroid, and if its filed beyond the time limit then, they just send you denial letter. they don't even look for reason etc etc.

          Comment


          • #6
            Mohan,

            What you meant is that I can't do nothing now, but re-file everything either by attorney or myself,right? That is really not right. Becaue we did not have lawyer present as a witness, no matter what we say would be useless.....

            Comment


            • #7
              If you can re-file you are probably better off because the appeal process costs a fortune and takes WAY LONGER.

              I believe that the BIA case interim decision 3463 decided March 6th 2002 did allow the petitioner to 're-open' his case.

              You can ask for the case to be 're-opened' based on new information. You can ask for the case to be 're-considered' if you believe that the INS has mis-represented/interpreted the INS rulings.

              These are two different routes dealt with by different INS departments,

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