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denied i-485; now what?

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  • #16
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by 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. </div></BLOCKQUOTE>

    Thanks for the recommendation, Leem. Unfortunately, I'm in California so I doubt atty mallonga would be able to help. Thanks for input though...

    Comment


    • #17
      <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by qtpinoy54:
      <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by 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. </div></BLOCKQUOTE>

      Thanks for the recommendation, Leem. Unfortunately, I'm in California so I doubt atty mallonga would be able to help. Thanks for input though... </div></BLOCKQUOTE>

      Hi Pinoy,

      If you're close to Los Angeles, then go to see Mr. Carl Shusterman, he's one of the best in Southern California.

      Freedom1.

      Comment


      • #18
        I submitted 2 FOIA requests. One with the Department of State and the other one with the US Customs and Border Protection. Given that my i-485 was denied and I'm asked to depart the US, can I still file a FOIA application with the USCIS? What kind of trouble will I get into if I file for FOIA with them?

        Comment


        • #19
          <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Freedom1:
          <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by qtpinoy54:
          <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by 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. </div></BLOCKQUOTE>

          Thanks for the recommendation, Leem. Unfortunately, I'm in California so I doubt atty mallonga would be able to help. Thanks for input though... </div></BLOCKQUOTE>

          Hi Pinoy,

          If you're close to Los Angeles, then go to see Mr. Carl Shusterman, he's one of the best in Southern California.

          Freedom1. </div></BLOCKQUOTE>


          Hi Freedom1, Thanks for the recommendation, but I am from NOrthern California. I already have an attorney, thanks. Please read my previous request...

          Comment


          • #20
            <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by qtpinoy54:
            I submitted 2 FOIA requests. One with the Department of State and the other one with the US Customs and Border Protection. Given that my i-485 was denied and I'm asked to depart the US, can I still file a FOIA application with the USCIS? What kind of trouble will I get into if I file for FOIA with them? </div></BLOCKQUOTE>

            As far as I can imagine - none. Most illegals file FOIA to see what the government has on them... I haven't heard that anyone got into trouble because of doing that..

            Comment


            • #21
              <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by aneri:
              <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by qtpinoy54:
              I submitted 2 FOIA requests. One with the Department of State and the other one with the US Customs and Border Protection. Given that my i-485 was denied and I'm asked to depart the US, can I still file a FOIA application with the USCIS? What kind of trouble will I get into if I file for FOIA with them? </div></BLOCKQUOTE>

              As far as I can imagine - none. Most illegals file FOIA to see what the government has on them... I haven't heard that anyone got into trouble because of doing that.. </div></BLOCKQUOTE>

              Thank you so much for the input, aneri! I will discuss this with my attorney this week. Now I'll be waiting for 3 FOIA requests. I have a feeling it's going to be a "pain-stakingly" long process...I'm just hoping they don't put me under removal proceedings before then. Please feel free to post anything relevant that will help me with my case. Thanks again to everyone!

              Comment


              • #22
                Please note that if CIS denied your I-485 application YOU ARE NOT ENTITLED TO APPEAL IT.

                However, you are entitled to file an action for mandamus and declaratory relief with the US District Court having jurisdiction over the CIS office you applied. In such action, you would ask a federal district magistrate or judge to issue an order compelling the CIS to accept your evidence if you can demonstrate that you have established your burden of proof.

                I recently had a case where the applicant had to demonstrate that he indeed departed the US to avoid the Service's rejection of his application because the applicant had been in removal proceedings earlier. True that he was in remmoval proceedings, and true that the Immigration Judge told him to leave voluntarily by a certain date. He complied with that order. Then, he came back to the US and married the mother of his children and a US citizen. He filed his I-485 application with CIS, but the Service rejected it by stating show me that you have actually left the US. Otherwise, you must ask the judge to reopen your case. As in your case, the airline did not keep the records for that long. However, he had presented sufficient evidence through affidavits of those who took him to the airport, a copy of the airline ticket, but not the actual entry document into his country. The Service kept rejecting his application and would not consider it because it believed that he needed to reopen his removal case.

                I filed a complaint in federal district court and in less than 60 days, the CIS had agreed to accept the evidence.

                You can do the same.

                However, contrary to what others have mentioned that you should appeal, the law does not provide you with an opportunity to appeal a denial of the I-485.
                jjworks

                Comment


                • #23
                  If you already have an atty., then what are you doing here asking for advice?

                  Comment


                  • #24
                    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by jjworks:
                    Please note that if CIS denied your I-485 application YOU ARE NOT ENTITLED TO APPEAL IT.

                    However, you are entitled to file an action for mandamus and declaratory relief with the US District Court having jurisdiction over the CIS office you applied. In such action, you would ask a federal district magistrate or judge to issue an order compelling the CIS to accept your evidence if you can demonstrate that you have established your burden of proof.

                    I recently had a case where the applicant had to demonstrate that he indeed departed the US to avoid the Service's rejection of his application because the applicant had been in removal proceedings earlier. True that he was in remmoval proceedings, and true that the Immigration Judge told him to leave voluntarily by a certain date. He complied with that order. Then, he came back to the US and married the mother of his children and a US citizen. He filed his I-485 application with CIS, but the Service rejected it by stating show me that you have actually left the US. Otherwise, you must ask the judge to reopen your case. As in your case, the airline did not keep the records for that long. However, he had presented sufficient evidence through affidavits of those who took him to the airport, a copy of the airline ticket, but not the actual entry document into his country. The Service kept rejecting his application and would not consider it because it believed that he needed to reopen his removal case.

                    I filed a complaint in federal district court and in less than 60 days, the CIS had agreed to accept the evidence.

                    You can do the same.

                    However, contrary to what others have mentioned that you should appeal, the law does not provide you with an opportunity to appeal a denial of the I-485. </div></BLOCKQUOTE>

                    Wow this is some great information, jjworks! Thank you so much for this post. I'm sure my attorney is not aware of this option otherwise, she should have mentioned this to me already. I do have on question though, should we file for this motion now or should we wait until we receive word on my FOIA requests with the CBP and the state dept? Please advise...

                    Thank you so much for your input jjworks!

                    Comment


                    • #25
                      <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by dmartmar:
                      If you already have an atty., then what are you doing here asking for advice? </div></BLOCKQUOTE>

                      I just wanted to have a second opinion on things. I don't want to rely solely on my attorney's advice as I'm sure my attorney does not know everything about the "special procedures" regarding my case. I will be bringing this up with my attorney on our next meeting. I do respect and appreciate everyone's input in this and I am very grateful for all the important information everyone has given me.

                      Comment


                      • #26
                        If your atty. specializes in immigration law, believe you me when I say he/she knows everything related to the field.

                        Comment


                        • #27
                          <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by dmartmar:
                          If your atty. specializes in immigration law, believe you me when I say he/she knows everything related to the field. </div></BLOCKQUOTE>

                          I hope so because I'll have lots of questions for them whem we meet.

                          Comment


                          • #28
                            <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Kumar555:
                            I know for sure that before 9/11 all airlines and the INS Official most of the time they never used to collect the I-94 from the departing passngers.

                            I went to the US Embassy and given my to them and seen many vistors have to do this. </div></BLOCKQUOTE>

                            Comment


                            • #29
                              <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Kumar555:
                              <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Kumar555:
                              I know for sure that before 9/11 all airlines and the INS Official most of the time they never used to collect the I-94 from the departing passngers.

                              I went to the US Embassy and given my to them and seen many vistors have to do this. </div></BLOCKQUOTE> </div></BLOCKQUOTE>

                              I read somewhere that you have to give them your i-94 when you depart. Otherwise, you'll be marked as an overstay.

                              Comment


                              • #30
                                May God help to deny more I-485 petitions !
                                Amen !
                                http://i.b5z.net/i/u/1061492/i/040401292763.jpg

                                Comment

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