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I payed $110 Motion to Reopen,

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  • I payed $110 Motion to Reopen,

    Please would someone assist me, I was living with my mom, my husband was living with us at the time, (I am a us citizen) when I filed for his greencard, and the forms were, the I485, I765, I130, and my mom never told us when the immigration letter came that had our interview date on it, we winded up missing the appt, but they said we could pay to reopen the case, due to this, and I've paid, this was on Feb. 24th.. On the letter to reopen the case, I typed, the lady at the ins office wrote exams on it.. told me to pay, and that I would have to refile his I765, which I did, and I spoke to an immigration officer on the 800#, who said that if his cases weren't reopen, then they wouldn't approve the second App, for I 765, this was a blow to the head.. How long does it usually take for them to reopen the case and schedule our new appt? The immigration lady at the ins office said 60-90 days.. Is this true, please advise.

  • #2
    Please would someone assist me, I was living with my mom, my husband was living with us at the time, (I am a us citizen) when I filed for his greencard, and the forms were, the I485, I765, I130, and my mom never told us when the immigration letter came that had our interview date on it, we winded up missing the appt, but they said we could pay to reopen the case, due to this, and I've paid, this was on Feb. 24th.. On the letter to reopen the case, I typed, the lady at the ins office wrote exams on it.. told me to pay, and that I would have to refile his I765, which I did, and I spoke to an immigration officer on the 800#, who said that if his cases weren't reopen, then they wouldn't approve the second App, for I 765, this was a blow to the head.. How long does it usually take for them to reopen the case and schedule our new appt? The immigration lady at the ins office said 60-90 days.. Is this true, please advise.

    Comment


    • #3
      That is true. If Immigration still did not reopen you case file then you will have to file petition again. Usually, immigration reopens these cases easily. Soon your husband should get his EAD and a notice for interview.
      Good luck.

      Comment


      • #4
        not umesh, immigration is not open motion so easily. motion has two major point. 1) motion should be within 90 days of final administrative order entered and second it bar by the number.
        there is only one motion allowed. one cannot judge the time without knowing of the actual situation of the case, Speaking of my self I will not be able to judge the time of motion opening without knowing the status of case. i don't know what happend in this case. did the IJ entered the Order in absentia? or Just closed the file like abandoned etc.
        As I see it was asked to file motion , means case is closed. now motion has to be in BIA/EOIR. This means INS loses the jurisdiction over I-485, So adjustment will onle be done in court. On the other hand I-130 ( I don't know the status of that) if approved or not. Court don't have jurisdiciton over it. So I-130 has tro come from INS and Court has to open case. Lot of complication, I can see here. Thats nmy view . Let me know if I'm wrong.

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