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denied i-485; now what?

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

    Leave a comment:


  • jjworks
    replied
    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.

    Leave a comment:


  • qtpinoy54
    replied
    <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!

    Leave a comment:


  • aneri
    replied
    <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..

    Leave a comment:


  • qtpinoy54
    replied
    <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...

    Leave a comment:


  • qtpinoy54
    replied
    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?

    Leave a comment:


  • Freedom1
    replied
    <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.

    Leave a comment:


  • qtpinoy54
    replied
    <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...

    Leave a comment:


  • qtpinoy54
    replied
    <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?

    Leave a comment:


  • ren
    replied
    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.

    Leave a comment:


  • leem
    replied
    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.

    Leave a comment:


  • floyd
    replied
    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.

    Leave a comment:


  • qtpinoy54
    replied
    <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...

    Leave a comment:


  • floyd
    replied
    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?

    Leave a comment:


  • qtpinoy54
    replied
    <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?

    Leave a comment:

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