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Motion to Re-open or Apply again the Spousal Petition

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  • Motion to Re-open or Apply again the Spousal Petition

    I'd be grateful for anybody who could give me advise whether my wife will just re-apply the whole petition for alien relative rather than filing for a motion to re-open the case.

    We were not able to show up for the scheduled INS interview and basically was the reason for the denial. The thing is I have the letter from INS which I think is a deportation letter although I still have 7 days more to either refile or get a grant of voluntary departure. My wife won't allow me to go back anymore and she was sorry for the day we missed the interview.

    Can anybody adivse me on steps regarding what to do ASAP. One thing also I-485 denial invalidates EAD but base on the letter from INS i may provide prevailing evidence for the EAD not revoked. would it be okey that the new I-130 & I-485 application be the basis for my evidence not to invalidate the present EAD that I have?(meaning we will submit the new application at once before the given number of margin days)

    Thank you very much...

  • #2
    I'd be grateful for anybody who could give me advise whether my wife will just re-apply the whole petition for alien relative rather than filing for a motion to re-open the case.

    We were not able to show up for the scheduled INS interview and basically was the reason for the denial. The thing is I have the letter from INS which I think is a deportation letter although I still have 7 days more to either refile or get a grant of voluntary departure. My wife won't allow me to go back anymore and she was sorry for the day we missed the interview.

    Can anybody adivse me on steps regarding what to do ASAP. One thing also I-485 denial invalidates EAD but base on the letter from INS i may provide prevailing evidence for the EAD not revoked. would it be okey that the new I-130 & I-485 application be the basis for my evidence not to invalidate the present EAD that I have?(meaning we will submit the new application at once before the given number of margin days)

    Thank you very much...

    Comment


    • #3
      sorry i dont know much about it but u can get free advice on http://k1.exit.com
      there is a column on the left side messageboard...where a lawyer gives proper advice...i hope u might find help over there...
      good luck...

      Comment


      • #4
        can u refer me to other people within this site maybe they have something? thanks Pash, its a relief to see ur reply. more power

        Comment


        • #5
          I'm really sorry that I can't help you.But I can imagine what you're going through.
          My advice is e-mail to this lawyer who was very helpful and very good with my case.
          His e-mail address is:immigration_counselor@hotmail.com
          Believe I consulted with many lawyer and this was the best.
          Good luck to you

          Comment


          • #6
            you should reopen the same file by filing appeal based on exceptional circumstances. You should write ASAP with an excuse that why you were not able to attand interview. NEVERRRRRR TAKE voluntary departure.
            Its a discussion, not a legal advise..

            Comment


            • #7
              http://www.ilw.com/lawyers/immigdail...03,0829-Lo.pdf
              Its a discussion, not a legal advise..

              Comment


              • #8
                thanks guyz, i'd really appreciate your advice...more powerrrr!!!

                Comment

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