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Thread: How to Re-Open a closed I-485 Case? Closed by wrong info

  1. #1
    Hi,

    I live in NY.

    After obtaining an O1 visa 2001, I submitted my Green Card Application I-485 in 2003.
    I was contacted by the USCIS in September, 2006 and told that I needed a Waiver.
    I was told that I needed the Waiver because I had come over as a camp counselor.
    The Waiver was granted by USCIS on Jan. 23, 2007.
    I received a letter from USCIS dated Jan. 31, 2007 stating that my Green Card application was denied for 2 reasons:
    1) that I was supposed to have had the Waiver before submitting the I-485 application in 2003 (is this true?).
    2) That I did not currently have a Waiver. (untrue, as the waiver was granted 7 days before the letter).
    The letter also stated that regulations do not allow for an appeal of my case, and that I am now out of status.

    My Questions are as follows:
    1) How can I have them re-open the case and show them that I have the Waiver?
    2) Is it true that if I have the Waiver, that they can still deny my I-485 application if I didn't originally apply with the Waiver?
    3) If so, what kind of precedents can I use to refute this?
    4) Can I explain that neither my lawyer nor the USCIS never told me that I needed a Waiver before the Sept., 2006 contact?
    5) I just got married to a US citizen, Shall I concurrently apply for change of status under my recent marriage?
    6) Can I have two cases open at the same time?

    What are the best ways to proceed?

    Here is a detailed account of my Visas, actions and received information:

    1) I Entered the USA in June, 1999, with a J-1 Visa, worked as a Camp Counselor

    2) I Returned to Romania in October, 1999.

    3) I Was granted a B2 Visa on January 25, 2000.

    4) I entered the USA February 16, 2000 on the B2 for the International Karate Tournament in Atlantic City, NJ.

    5) Was granted an extension on the B2 Visa: valid from 08/16/2000 2/15/2001

    6) I was granted an O1 Visa (Alien of Extraordinary Abilities) March 5, 2001 2/16/2004 and have been working as a Tae Kwon Do instructor at the same school until today. I teach and work with children, adults, and special Ed kids.

    7) My Application I-485 (for a Green Card) was received by the Department of Immigration (USCIS) on September 25, 2003.

    8) Every year, I was granted work permits. My current work permit expires on March 28, 2007

    9) In 2005 I called USCIS about the status of my file, and was told that his file had been sent to California. Several months later USCIS told him that his file had been sent back to the Vermont Service Center.

    10) On September 15, 2006, I received a letter from the U.S. Department of Homeland Security requesting a Waiver by December 11, 2006. I did not know that I needed a Waiver before this contact. Neither USCIS nor my lawyer ever told me that I needed a Waiver.

    11) In November, 2006, the Waiver Application was submitted to the Department of State.

    12) On December 9, 2006 my lawyer, sent a letter to the USCIS explaining that the Waiver Application had been submitted to the Department of State, and asked for an extension on the I-485 deadline, until the Department of State reached its decision.

    13) December 27, 2006 the Department of State Approved the Waiver petition, and sent their recommendation to the USCIS.

    14) On January 23, 2007, Approval Notice, Form I-797, Notice of Action, Notification Dated Jan. 23, 2007, USCIS Granted me the Waiver.

    15) January 31, 2007 I received a letter from the USCIS, which denied my I-485 application. The reason for the denial was that:
    a) I should have had the Waiver before applying with the I-485 in 2003. (I didn't know that I had needed one)
    b) That there was no evidence of a Waiver in my file. (the Waiver had been granted on January 23, 2007).

    16) In addition, the denial stated that the regulations do not provide for an appeal from this decision.
    and,
    17) that I am out of Status and am Violating the law.

    18) I just married my girlfriend who is a U.S. Citizen


    Thank you so very much for your help!

  2. #2
    Hi,

    I live in NY.

    After obtaining an O1 visa 2001, I submitted my Green Card Application I-485 in 2003.
    I was contacted by the USCIS in September, 2006 and told that I needed a Waiver.
    I was told that I needed the Waiver because I had come over as a camp counselor.
    The Waiver was granted by USCIS on Jan. 23, 2007.
    I received a letter from USCIS dated Jan. 31, 2007 stating that my Green Card application was denied for 2 reasons:
    1) that I was supposed to have had the Waiver before submitting the I-485 application in 2003 (is this true?).
    2) That I did not currently have a Waiver. (untrue, as the waiver was granted 7 days before the letter).
    The letter also stated that regulations do not allow for an appeal of my case, and that I am now out of status.

    My Questions are as follows:
    1) How can I have them re-open the case and show them that I have the Waiver?
    2) Is it true that if I have the Waiver, that they can still deny my I-485 application if I didn't originally apply with the Waiver?
    3) If so, what kind of precedents can I use to refute this?
    4) Can I explain that neither my lawyer nor the USCIS never told me that I needed a Waiver before the Sept., 2006 contact?
    5) I just got married to a US citizen, Shall I concurrently apply for change of status under my recent marriage?
    6) Can I have two cases open at the same time?

    What are the best ways to proceed?

    Here is a detailed account of my Visas, actions and received information:

    1) I Entered the USA in June, 1999, with a J-1 Visa, worked as a Camp Counselor

    2) I Returned to Romania in October, 1999.

    3) I Was granted a B2 Visa on January 25, 2000.

    4) I entered the USA February 16, 2000 on the B2 for the International Karate Tournament in Atlantic City, NJ.

    5) Was granted an extension on the B2 Visa: valid from 08/16/2000 2/15/2001

    6) I was granted an O1 Visa (Alien of Extraordinary Abilities) March 5, 2001 2/16/2004 and have been working as a Tae Kwon Do instructor at the same school until today. I teach and work with children, adults, and special Ed kids.

    7) My Application I-485 (for a Green Card) was received by the Department of Immigration (USCIS) on September 25, 2003.

    8) Every year, I was granted work permits. My current work permit expires on March 28, 2007

    9) In 2005 I called USCIS about the status of my file, and was told that his file had been sent to California. Several months later USCIS told him that his file had been sent back to the Vermont Service Center.

    10) On September 15, 2006, I received a letter from the U.S. Department of Homeland Security requesting a Waiver by December 11, 2006. I did not know that I needed a Waiver before this contact. Neither USCIS nor my lawyer ever told me that I needed a Waiver.

    11) In November, 2006, the Waiver Application was submitted to the Department of State.

    12) On December 9, 2006 my lawyer, sent a letter to the USCIS explaining that the Waiver Application had been submitted to the Department of State, and asked for an extension on the I-485 deadline, until the Department of State reached its decision.

    13) December 27, 2006 the Department of State Approved the Waiver petition, and sent their recommendation to the USCIS.

    14) On January 23, 2007, Approval Notice, Form I-797, Notice of Action, Notification Dated Jan. 23, 2007, USCIS Granted me the Waiver.

    15) January 31, 2007 I received a letter from the USCIS, which denied my I-485 application. The reason for the denial was that:
    a) I should have had the Waiver before applying with the I-485 in 2003. (I didn't know that I had needed one)
    b) That there was no evidence of a Waiver in my file. (the Waiver had been granted on January 23, 2007).

    16) In addition, the denial stated that the regulations do not provide for an appeal from this decision.
    and,
    17) that I am out of Status and am Violating the law.

    18) I just married my girlfriend who is a U.S. Citizen


    Thank you so very much for your help!

  3. #3
    Vladimir, I can suggest you to take one consultation with immigration specialist Cristina Milaciu at cristina@usimmigrationforall.com it is not expensive and can help you.

    www.USImmigrationForAll.com

    Numai bine! All the best!

    Anda
    Frank G. Becker & Associates
    www.USImmigrationForAll.com

  4. #4
    looks to me that miscommunication between your attorney and you. either that or you moved and forget to update your address. if you had waiver i file and approved befoire denial then you can take your evidence to 13th floor in Adminstrative unit at 970 broad street Newark NJ. talk to someone about the mistake they will tell you what to do. if there is a mistake on the DHS part ,then AAU will revert its decision and your 485 will be put back alive.
    Its a discussion, not a legal advise..

  5. #5
    Hi All,

    and thanks for your help.

    1) There was no miscommunication between my lawyer and myself, and I did not change addresses. The lawyer stated (which I later learned is false), that since I had been here for 3 months on the J-1 in 1999, and then was granted the B-2 within 4 months after my return to Romania, and then I returned with the B-2, that USCIS should have asked for the waiver then. My lawyer said, that since USCIS had not asked for a Waiver, that I didn't need one. This is what he said to me in 9/2006 when I received the request from USCIS for the waiver.

    2)How do I contact the people at 970 broad street in Newark, NJ? Do I need to make an appointment? My case was handled through the Vermont service center, can the Newark office still help me? I have consulted 10 lawyers and they all said that there is no way to bring this to the attention of the Immigration office directly, but that is what I would like to do. They all said that I have to file a motion to Re-open.

    3) I applied for change of status, I-485 in 2003. I received the request for the waiver from DHS 9/21/2006. I sent all necessary documents for the waiver to DHS on 10/23/06. DHS approved recommendation for the Waiver 12/27/06. USCIS Granted the Waiver 1/23/07. On 1/31/07 USCIS Denied my I-485 application on 2 grounds: 1) no waiver on record. 2) should have had waiver before applying for I-485. I understand that they have discretion. What are my chances here?

    thanks so much!

  6. #6
    In addition, i was told that i can't have more than one case open at the same time, that they will automatically close one of the cases if they see this. Is this true?

  7. #7
    HI,

    thanks for your help!

    I am in Westchester County, NY, my case is being handled by the Vermont service center. How do I contact Cherry Hill? Can I see someone directly? I would like to speak to a person directly and show them what had happened. Someone else mentioned that I should go to Newark. And, there is an immigration office in New York City, do i go there?

    thanks so much!

  8. #8
    you are in westchester cnty NY so your jurisdiction will be in NY only. Vermont is your service ceter, Not your District office/field office. you can go to field office in NY. Fereral plaza in manhattan is good to start.
    Attorny is saying for thew MTR also suggestion the same thing because MTR will be Filed with AAU. You can takle info pass and walk to Immigratio building explain your case, which is just an attempt to seek answer, don't put your hopes up there because this is the step you have togo thru before going to AAU. try to talk to superiors about that the mistake of waiver. if not convinced that AAU is also in the building. go to them and talk to live person. You will receive answer if you really have to file a motion or not.
    Its a discussion, not a legal advise..

  9. #9
    Hi,
    What does AAU mean?
    And, MTR?
    The date of the denial letter is Jan.31, 2007. USCIS needs to see have our re-open answer within 30 days.
    The first infopass appt in Feb. 28.
    Should we send in the motion to re-open this week, and go to the infopass appt on Feb.28?
    And, then send in the information of the outcome?
    I am nervous about waiting until the last minute to file the motion.
    thanks so much!

  10. #10
    MTR = motion to reopen.. rest is answered in PM.
    Its a discussion, not a legal advise..

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