denied i-485; now what?

[qtpinoy54]

I hope someone can shed some light to my problem. I have been married to my US Citizen for almost 2 years now. I came to the US when I was 12 back in 1992 as a visitor. I ended up staying and going to school/working here since then. The only complication on my case is that I lost my passport with my original i-94 a while back.

We submitted and pplication for the i-102 but was denied because they could not find my original arrival in 1992. My attorney advised us to file for the i-130 which was approved a year ago.

Last week, my wife and I went in to get interviewed for my i-485. The marriage part was not an issue but rather they said that the documents(affidavits from witnesses about my arrival, certification from my home country) I presented them regarding my original arrival here in the US was not enough and that they need an actual tangible proof such as a boarding pass or a flight manifest. I contacted the airlines but was unable to get anything from them because they purge their records every five years. Needless to say my i-485 application was denied.

Now, my wife and I are caught in this legal limbo. We have an approved i-130 but a denied i-485. Can we appeal this denial of my i-485? Any inputs will be greatly appreciated.

[qtpinoy54]

I hope someone can shed some light to my problem. I have been married to my US Citizen for almost 2 years now. I came to the US when I was 12 back in 1992 as a visitor. I ended up staying and going to school/working here since then. The only complication on my case is that I lost my passport with my original i-94 a while back.

We submitted and pplication for the i-102 but was denied because they could not find my original arrival in 1992. My attorney advised us to file for the i-130 which was approved a year ago.

Last week, my wife and I went in to get interviewed for my i-485. The marriage part was not an issue but rather they said that the documents(affidavits from witnesses about my arrival, certification from my home country) I presented them regarding my original arrival here in the US was not enough and that they need an actual tangible proof such as a boarding pass or a flight manifest. I contacted the airlines but was unable to get anything from them because they purge their records every five years. Needless to say my i-485 application was denied.

Now, my wife and I are caught in this legal limbo. We have an approved i-130 but a denied i-485. Can we appeal this denial of my i-485? Any inputs will be greatly appreciated.

[aneri]

did you receive any paper about the denial? It usualy says at the bottom what actions you can take..

[Houston]

So you came in 1992 through a port of entry I would guess. The I-94 is usually enough as it contains the proper stamp and the record of admission. However, if you don't have an I-94, the stamped passport is also strong evidence of admission. If you do not have any of those if may be difficult to process a case. Try consulting with the port of entry, now they won't give you any records directly but they could forward your record of admission to the district office. FOIA is also an alternative, your attorney could summons some records that way. This is only a general opinion.
-THIS IS NOT LEGAL ADVICE-

[qtpinoy54]

Thanks for the reply, aneri. No, we haven't received the paper yet. We'll probably receive this soon.

As far as actions, what would be the next feasible step to do? Does this mean I need to go back to my home country and get a visa there? I'm also aware of the 10 year ban if I go home.

[qtpinoy54]

Thanks Houston. I'll try contacting my POE and hopefully find something from them.

[floyd]

Enlighten me on how you traveled since you were only 12. Were you alone or with an adult?

[qtpinoy54]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by floyd:
Enlighten me on how you traveled since you were only 12. Were you alone or with an adult? </div></BLOCKQUOTE>

Good Question. I went with my mom to the US.

[qtpinoy54]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by aneri:
did you receive any paper about the denial? It usualy says at the bottom what actions you can take.. </div></BLOCKQUOTE>

I just received the denial letter. It just says that I need to depart the US or they "MAY" have me go through removal proceedings. Will we still be able to somehow appeal this case and take it to immigration court of appeals?

[floyd]

I am guessing but I believe that should go a long way in helping the INS at the port of entry track your I94. Her number and yours should not be far off.

Actually even the US consulate in your country should also be able to identify a visa number based on that of your mother. I am guessing she had to go get the visas, thus the passports where together when stamped.

It is a long shot but at this time I guess anything will do.

You will have to appeal the decision to the BIA. You can appeal any decision they made.

How much time do you have?

[qtpinoy54]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by floyd:
I am guessing but I believe that should go a long way in helping the INS at the port of entry track your I94. Her number and yours should not be far off.

Actually even the US consulate in your country should also be able to identify a visa number based on that of your mother. I am guessing she had to go get the visas, thus the passports where together when stamped.

It is a long shot but at this time I guess anything will do.

You will have to appeal the decision to the BIA. You can appeal any decision they made.

How much time do you have? </div></BLOCKQUOTE>

I just received the letter yesterday so I have a little less than a month to get it appealed.

I've already submitted a FOIA request to US Cutsoms and Border Protection for my arrival record. I'm also in the process of contacting the US Embassy in the home country to see if they can find some sort of record of visa.

Thank you so much for all your helpful inputs. Please keep them coming...

[floyd]

At this point the best thing to do is appeal the denial. While, you don't need a lawyer to make an appeal, I would seriously recommend one.

So while your appeal is pending, you get more time to find your records.

So, INS does not belive your mother?

This would be an easy one to appeal especially if your mother can prove that she arrived with you. I would be interest to know if INS is in the business of breaking up families!

By the way, were you in school when you left your country? It's hard to imagine you can't find something or people to testify to the fact.

Good luck.

[leem]

qtpinoy54,
from your handle, i can guess you are pinoy. if you are in the nyc area, i recommend atty. mallonga - one of the best immig lawyers in the area, and also a co-pinoy.
good luck with your case.

[ren]

you should get form I-94 for arrival and departure record, fill out the form and with the appropiate fee send it to INS requesting a copy of you arrival record. I do not know what is the fee now to submit the form, you can do it yourself it is very easy, and they will send you a copy of the document you are asking about.

[qtpinoy54]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by ren:
you should get form I-94 for arrival and departure record, fill out the form and with the appropiate fee send it to INS requesting a copy of you arrival record. I do not know what is the fee now to submit the form, you can do it yourself it is very easy, and they will send you a copy of the document you are asking about. </div></BLOCKQUOTE>

I think you're talking about the i-102 (application for replacement i-94). I applied for this a while back it was denied because they said they can't my i-94 (I guess since my arrival was way back in 1992).

I did apply for FOIA with the US Customs and Border Protection to see if they can find my arrival records. I also did the same thing with the Department of State. Does anyone know how long these FOIA requests usually take?

I should also probably call the US Embassy in my home country to find out if they have a record of my visa being issued. Anyone have any experience in doing this?