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Page 2 of 2 FirstFirst 12
Results 11 to 17 of 17

Thread: I-485 denied, abandonment?

  1. #11
    hi!
    i have the same problem..they denied my i485 due to abandoment (my case is very big but it is almost the same than you) now i am like you i dont know what it is much better to do...to reopen the case? or start evrything again? a lawyer told me that reopen can take from 2 months to a year and you are without status while you are waiting for and most of the time thet deny to reopen the case ....she said that start a new peticion is a better idea and she can get a work permit etc.....
    i m afraid if i can be deported but the lawyer and some another friends told me NO....what do you think? what you are gonna do? let me know i will tell how is my process too....
    have a good day
    Jannet

  2. #12
    To OP:

    Your story sounds like typical ****stermade BS.
    In any case...

    You say the last info before denial was "last written notice in this case was returned as undeliverable by the post office on May 24, 2006."

    If you gave USCIS correct address before and if your address hasn't changed since , then CLEARLY it's none of your fault that the letter with interview appointment was returned as undeliverable (unless you have a house along with your mailbox on top of a tall tree, and mailman was unable to climb it..).

    If ones petition is denied for no fault of his/her own, then surely denial was undue and is reversable - unless there are other statutory reasons/grounds to deny it.
    Simple as that.

    Also, to my knowledge, USCIS is very well aware of such glitches and most people I heard of in similar situations were able to fix the problem without any hassle, by simply contacting USCIS and asking to re-send the notice and re-schedule the appointment.
    You can visit www.immigration.com forum and read relevant threads where people describe similar cases.

    If you had to take such case to the court, it would most likely be settled before the hearing , for obvious reasons (it's not recipients fault that letter is returned undelivered IF recitient has a proof of his/her current address matching the one he/she gave USCIS the last time required).

    How exactly you should proceed at this point ?
    Contact an immigration attorney ASAP and have this problem fixed.

    No petition can ever be denied for no fault of the beneficiary.


    IE


    _______________________

    Here are some of the denied or granted 'motions to reopen' - ( http://caselaw.lp.findlaw.com/script...yion+to+reopen ) .
    I don't know if you will need to file 'motion to reopen' (let your attorney do the work and tell you what exactly you should do at this point) , but if you want to have an idea how system in general works, how judges reason and decide cases then feel free to read some of those cases.

  3. #13
    You guys really have some serious issues, which you need some help about...that comes really easy @: http://www.realtalk.us/my_category.a...sub_cats_id=22

  4. #14
    Denied without appeal.

    Abandoned.... by USCIS.

    My wife's I-485 application was denied without appeal for missing an appointment for an interview. An appointment we were never notified of.

    Her case status report on www.uscis.gov states that their "last written notice in this case was returned as undeliverable by the post office on May 24, 2006." We discovered this on July 9 and called USCIS customer service the following day to correct the problem. We did not move or change our address. They told us that the notice would be re-sent within 30 days. They could not offer any more information.

    Sixteen days later we received the notice of decision (denial), reasoning that since we missed the appointment we had abandoned the application. The letter stated that the decision may not be appealed.

    We have written to the office that issued the notice of decision. They have not replied. The deadline for filing an appeal would be on August 22, if we were able to appeal.

    I have considered filing an appeal, but I'm concerned that we would just be throwing away $385 because the appeal may be rejected on the grounds of the decision was not subject to an appeal.

    We're struggling financially and due to have a child in mid September, so we can't afford to just throw away money. And we probably can't afford the services of an attorney, either.

    Any suggestions?
    Refile the I-485 petition with a letter explaining why your wife was not able to make the interview.

  5. #15
    hello everybody,
    i withdrawed my i-485 because abondoned.officer said re-file and he approved i-130.my questions is i will go refile but i forget to ask officer.should i wait my i-130 approved notice or i can just re-file with my copy of i-130 receipt notice and put note tell them i dint want to wait my approved notice and re-file i-485 with i-130 receipt notice.because i really doesnt want to wait, ineed to work ,any suggestion please thank you guys

  6. #16
    Originally posted by jannety:
    hi!
    i have the same problem..they denied my i485 due to abandoment (my case is very big but it is almost the same than you) now i am like you i dont know what it is much better to do...to reopen the case? or start evrything again? a lawyer told me that reopen can take from 2 months to a year and you are without status while you are waiting for and most of the time thet deny to reopen the case ....she said that start a new peticion is a better idea and she can get a work permit etc.....
    i m afraid if i can be deported but the lawyer and some another friends told me NO....what do you think? what you are gonna do? let me know i will tell how is my process too....
    have a good day
    Jannet
    Hi Janet,

    Can you please share the course you took after your I-485 was denied for being abandoned? I am in the same situation. Were you allowed to refile the I-485? If yes, did they allow it while you still being in US, and you being in US with I-485 in denied state? If you can reply ASAP that would be great.

  7. #17
    I remember a similar case. you guys have to take info pass and see immigration officer, asking them that you never received interview letter. he suppose to check in the system that which address the letter goes to, and then if the letter deliveded to right address and return back undelivered then USCIS will treat as abondoned, on the other hand if the address is wrong then they will issue you new Appointment within month.
    Keep in mind that the return letter is also on the file and scanned copy in kept in file before denial so if your postal address is changed and you didnot upgrade your address by filing AR-11 then, Its abondoned.
    lots of people live in different address and keep the different address for immigration, which is not right and immigration knows that.
    Its a discussion, not a legal advise..

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