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denied i-485; now what?

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  • #31
    My i-485 was approved after we filed a motion to re-open the case. I'm now a permanent resident. thank you so much to all the people who helped me with their POSITIVE input.

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    • #32
      <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by qtpinoy54:
      My i-485 was approved after we filed a motion to re-open the case. I'm now a permanent resident. thank you so much to all the people who helped me with their POSITIVE input. </div></BLOCKQUOTE>

      congrats... and thanks for coming back to let us know that. I am sure it gives hope to others in similar situation. I also hope that you'll stay arround and share what you've learned in the process..

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      • #33
        In case you have not notice,but INS does very well and I did.
        You application is not only denied and you won't be able to appeal it either.Thats not an opinion,thats a fact.
        All the stuff you mentioned,is just a tiny bit of reason INS gave you to deny you.
        Bottom line,you also were here illegally.
        You came here in 1992 as a visitior,never went back home,already one illegal act on your behave.Then you have No Passport of your own citizenship? you have nothing that show you actually came here in 1992? ? ? even if you would have it,it would not really matter.

        Here is point people should realize,getting married to a US Citizen does not garantee s.h.i.t and if you violated the law prior to your marriage you can and still will be ask to leave and denied.PERIOD.

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        • #34
          he was TWELVE..!!!! WOT THE HELL WAS HE EXPECTED TO DO ... TURN HIMSELF IN ???? OH GOT A BETTER IDEA GO TO THE AIRPORT AND HOP ON A PLANE AND GO BACK WHERE HE CAME FROM I AM SURE AT 12 YEARS OLD HE CAN REALLY MANAGE TO NOT GET KILLED, ABUSED, PUT IN CHILD CUSTODY..... This is what really p i s s e s me off....has not one got any common sense... IT WAS OUT OF HIS HANDS.... HIS MOTHER DECIDED TO BRING HIM WHEN SHE GOT HERE....yes ur correct there are ILLEGALS here in this country however.... a story behind every case!!! I stick and will continue to stick with that!! CONGRATULATIONS ON GETTING IT SORTED OUT ....

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          • #35
            I forgot to mention the details of what happened. With my motion to reopen the case, I was able to retrieve my oringal i-94# and a record of my POE thanks to a FOIA request at the CBP office at my original Port of Entry. I included this number in my motion to reopen and this paved the way to the approval of my case.

            Thanks again to everyone who helped me with my case. I hope this will help other people that are in the same situation as I was.

            Feb 2005 - filed i-102
            May 2005 - i-102 denied
            May 2005 - Filed i-130
            Sep 2005 - i-130 approved
            Oct 2005 - Filed i-485
            Feb 2006 - Fingerprints taken
            Jul 2006 - Received EAD
            Sep 2006 - AOS Interview
            Sep 2006 - AOS Denied
            Nov 2006 - Submitted Motion to Reopen
            Feb 2007 - MTR approved; i-485 approved

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            • #36
              <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by qtpinoy54:
              I forgot to mention the details of what happened. With my motion to reopen the case, I was able to retrieve my oringal i-94# and a record of my POE thanks to a FOIA request at the CBP office at my original Port of Entry. I included this number in my motion to reopen and this paved the way to the approval of my case.

              Thanks again to everyone who helped me with my case. I hope this will help other people that are in the same situation as I was.

              Feb 2005 - filed i-102
              May 2005 - i-102 denied
              May 2005 - Filed i-130
              Sep 2005 - i-130 approved
              Oct 2005 - Filed i-485
              Feb 2006 - Fingerprints taken
              Jul 2006 - Received EAD
              Sep 2006 - AOS Interview
              Sep 2006 - AOS Denied
              Nov 2006 - Submitted Motion to Reopen
              Feb 2007 - MTR approved; i-485 approved </div></BLOCKQUOTE>

              Hello qtpinoy54,

              I am aware that it has been a few years back last time you posted, you may not even be monitoring this thread anymore...

              I have a very similar case to yours... I would like to ask you a few questions if you do not mind

              Have you done the FOIA request through a lawyer or have you done it yourself?

              I have heard that FOIA can take more than a year to come back, was that true?

              So if I came through JFK in February 1996, I would have to request the FOIA through their CBP office?

              I really appreciate your assistance...

              Have a great one,

              Comment


              • #37
                let's dissect this story: He came in 1992, he overstayed = broke the law, didn't go back home; was studying and WORKING; found somebody willing to go along in this phony marriage; took him over ten years to realize that his passport was lost. Now that he needs to prove his entry into the country he wet his pants. However, after breaking the rules and entering into phony situations, he claims: "The only complication on my case is that I lost my passport with my original i-94 a while back"...

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                • #38
                  Since you have a final denial, you cannot file for a writ of mandamus, as there is nothing the court can order USCIS to do. They have done it. You may either file an appeal or a Motion To Reopen. However both of those would be a waste. Your only options are to leave and refile overseas, which will necessitate a waiver which is not that difficult or go into removal proceedings and ask for residency before the IJ which will probably approve it.

                  No FOIA with USCIS will produce any evidence that you were inspected and admitted.

                  Your only hope is your FOIA with CBP, but they should have produced records from TECS that you or your mother were admitted. Those records are forever.

                  If they have no record, then you must do either of the above.

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