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denied i-485; now what?

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  • federale86
    replied
    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.

    Leave a comment:


  • NO AMNESTY!!!
    replied
    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"...

    Leave a comment:


  • notbysight
    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 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,

    Leave a comment:


  • qtpinoy54
    replied
    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

    Leave a comment:


  • ntfd3
    replied
    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 ....

    Leave a comment:


  • HBKHBK
    replied
    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.

    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:
    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..

    Leave a comment:


  • qtpinoy54
    replied
    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.

    Leave a comment:


  • Still Trash
    replied
    May God help to deny more I-485 petitions !
    Amen !

    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 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.

    Leave a comment:


  • Kumar555
    replied
    <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>

    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 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.

    Leave a comment:


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

    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 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.

    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 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!

    Leave a comment:

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