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Motion to Reconsider adjustment of status I-485

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  • Motion to Reconsider adjustment of status I-485

    My grandmother was approved for the I-130 through my mother, a US citizen. My grandmother went to her adjustment of status interview on February 13, 2009 and everything went ok at the interview and she was suppose to wait for her greencard, but instead of the greencard she got a Notice of Decision and it was denied. They are saying that on "February 19, 2009 she was notified in writing to appear for biometrics capture on March 6, 2009, and at the time and location indicated on the Notice. You failed to appear for biometrics capture as scheduled" The problem is that she never received the Notice, and she never moved. Now they are saying that "There is no appeal of this decision. If you believe that the decision was reached in error, you may file a Motion to reopen or a Motion to Reconsider, pursuant to the provisions of 8 C.F.R. 103.5. " in which I have no idea on how to do it. would someone please help me!!!! the dead line is August 14, 2009

  • #2
    Hi Fordinice,

    You need to contact USCIS - fast. Schedule an Infopass meeting to determine what your grandmother needs to proceed.


    • #3
      You should definitely go see an Immigration Attorney immediately.

      Your grandmother needs to file the Form called I-290B. A copy should have been included with the Notice of Denial letter. If it was not, you can find the form at and click on "Immigration Forms". You can also get the form from a local USCIS office.

      The form can be a bit confusing. You can try calling USCIS for help but sometimes they are not very helpful in helping you fill out forms, etc. See an attorney.


      • #4
        hi flordinice, the case does not need to be reopened because it has not been closed yet. Just get the form to request reconsideration. you do not need a lawyer for that but again its a personal issue.
        This case is not at a bad stage yet

        Good luck


        • #5
          How do I get this motion to reconside???


          • #6
            Hi Flordinice,
            It's the same form I was referring to- I-290B. Please see my post above to see how to get hte form. Appeals and Motions to Reopen and Motions to REconsider are all gained by using the same form.

            If you need help, try calling USCIS but I'm not sure how much help they can be.


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