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Thread: I-485 Denied/ motion to reopen denied. Please Help!

  1. #1

    I-485 Denied/ motion to reopen denied. Please Help!

    The details of my case are as follows: I got married to a US Citizen in September of 2010 in NY, NY. My husband filed for I-130 and that was approved almost a year later followed by a submission of I-485. I got my interview date for April 2012 and in June it was denied based on lack of proof to show that I came here legally. My passport was burned by my ex husband and I had a copy of my passport and the immigration stamp that has the date of when I entered the country but I do not have a copy of my I-94. I have already tried getting a duplicate for my I-94 which came with no results. After my denial my lawyer filed for motion to reopen, I submitted affidavits from my parents saying that we all got the visa the same day and our visa numbers are consecutive with one missing that could potentially be my number, I also included affidavit of my uncle who picked me up at the airport. My motion to reopen was also denied for the same reason of not being able to prove my entry. The decision of the denial came Mid December of 2012. I am awaiting the court date now and I am clueless to how much time it takes to get a court date. Meanwhile my employment authorization expired and had my lawyer submitted the reissue on time I would have received it based on pending status of my motion to reopen. Now I am jobless and kind of hopeless. Can you please provide any possible solution to this problem? Or any ideas of the timelines. I really appreciate any insight that you can provide me.

  2. #2
    If you entered legally, there would be a record of that entry held by Customs and Border Protection in their various databases, including TECS and ATS. USCIS has access to those and therefore they determined that you entered the U.S. illegally and were not inspected by an immigration officer.

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