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Anyone EVER had success filing a motion to reconsider/reopen?

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  • Anyone EVER had success filing a motion to reconsider/reopen?

    After I485 denial, I'm weighing up the options on whether to simply start again and refile or try to get USCIS admit they made an error by asking for a motion to reconsider of reopen.

    One lawyer told me that USCIS deny 95% of such motions. Another told me my case is a clear cut case of administration error.

    Are there *ANY* success stories with I-290B?

  • #2
    Originally posted by Sherbs View Post
    After I485 denial, I'm weighing up the options on whether to simply start again and refile or try to get USCIS admit they made an error by asking for a motion to reconsider of reopen.

    One lawyer told me that USCIS deny 95% of such motions. Another told me my case is a clear cut case of administration error.

    Are there *ANY* success stories with I-290B?
    Have you tried to go to the USCIS office and bring it up with someone there, if it is such a clear-cut case of error?

    Also note that after I-485 denial, they will eventually place you in removal proceedings in immigration court, and in those removal proceedings, you will be able to challenge the I-485 denial.
    Last edited by newacct; 05-17-2018, 01:52 AM.

    This is my personal opinion and is not to be construed as legal advice.

    Comment


    • #3
      Originally posted by newacct View Post
      Have you tried to go to the USCIS office and bring it up with someone there, if it is such a clear-cut case of error?

      Also note that after I-485 denial, they will eventually place you in removal proceedings in immigration court, and in those removal proceedings, you will be able to challenge the I-485 denial.
      Who wants to be the test case? The sacrificial lamb?

      Comment


      • #4
        Originally posted by azblk View Post
        Who wants to be the test case? The sacrificial lamb?
        Hahahaha!!😂🤣
        Filed I-130, I130A, I-485, I-765
        Priority Date: 01/22/2018
        Date Received NOA Letters: 02/02/2018
        Courtesy Letter for i693: 02/20/2018
        Biometrics Done: 02/21/2018
        Interview(rec' approval letter): 05/31/2018
        EAD card in production: 06/02/2018
        EAD card in hand: 06/07/2018
        SSN card in hand: 06/09/2018
        GC approval/production notifications: 07/08/2018
        Card mailed notification: 07/09/2018
        I130 & I485 approval letters received: 07/09/2018
        GC in hand: 07/11/2018

        Comment


        • #5
          Originally posted by newacct View Post
          Have you tried to go to the USCIS office and bring it up with someone there, if it is such a clear-cut case of error?

          Also note that after I-485 denial, they will eventually place you in removal proceedings in immigration court, and in those removal proceedings, you will be able to challenge the I-485 denial.
          No because I am over 1,500 miles away from the office that rejected me. Can you even do that? Just rock up to an USCIS office and demand to talk to them about your case. I seriously doubt it!

          Definitely won't be placed in removal proceedings because my current visa is still valid for several more years.

          - - - Updated - - -

          Originally posted by azblk View Post
          Who wants to be the test case? The sacrificial lamb?
          HA HA HA. The motion goes back to the same officer to review so seems totally pointless to me. Who is going to admit they made such an error when they hold all the power and zero accountability .

          Comment


          • #6
            Originally posted by Sherbs View Post
            No because I am over 1,500 miles away from the office that rejected me. Can you even do that? Just rock up to an USCIS office and demand to talk to them about your case. I seriously doubt it!

            Definitely won't be placed in removal proceedings because my current visa is still valid for several more years.

            - - - Updated - - -



            HA HA HA. The motion goes back to the same officer to review so seems totally pointless to me. Who is going to admit they made such an error when they hold all the power and zero accountability .
            I would assume they mean make an appointment at your local office to discuss matters.

            Comment


            • #7
              Originally posted by Mellymoo View Post
              I would assume they mean make an appointment at your local office to discuss matters.
              That's possible? How does one do that? Has anyone ever done it? None of the lawyers I consulted mentioned this.

              Comment


              • #8
                Originally posted by Sherbs View Post
                That's possible? How does one do that? Has anyone ever done it? None of the lawyers I consulted mentioned this.
                If you go into the uscis website and find the link for find an office. Follow it from there. Once you have identified your local office it will give you the option to schedule an appointment (infopass). It can be hard to get an appointment but I found that going on in the early hours of the morning made it easier.

                Comment


                • #9
                  Originally posted by Mellymoo View Post
                  If you go into the uscis website and find the link for find an office. Follow it from there. Once you have identified your local office it will give you the option to schedule an appointment (infopass). It can be hard to get an appointment but I found that going on in the early hours of the morning made it easier.
                  My local office is not taking any appointments :/

                  Comment


                  • #10
                    Originally posted by Sherbs View Post
                    My local office is not taking any appointments :/
                    Ever? Or they just dont have any right now? They only book them two weeks in advance. Check each day. Early a.m before people have chance to book them. I always booked around 2/3 am!

                    Comment


                    • #11
                      Originally posted by Sherbs View Post
                      After I485 denial, I'm weighing up the options on whether to simply start again and refile or try to get USCIS admit they made an error by asking for a motion to reconsider of reopen.

                      One lawyer told me that USCIS deny 95% of such motions. Another told me my case is a clear cut case of administration error.

                      Are there *ANY* success stories with I-290B?
                      You have mail. Let me know if you got it. Not sure if you have private messaging enabled. Requested a read receipt.

                      Best.

                      Comment


                      • #12
                        Originally posted by Mellymoo View Post
                        Ever? Or they just dont have any right now? They only book them two weeks in advance. Check each day. Early a.m before people have chance to book them. I always booked around 2/3 am!
                        Ever: appointments suspend indefinitely (I live in a high immigration area, I guess they are overloaded). Plus my case has been denied. I don't even have the option to appeal ...

                        Comment


                        • #13
                          Originally posted by Sherbs View Post
                          Ever: appointments suspend indefinitely (I live in a high immigration area, I guess they are overloaded). Plus my case has been denied. I don't even have the option to appeal ...
                          you can appeal when they start removal proceedings, or you can consult with an attorney and see if they could help you
                          This is strictly an opinion and should not be misconstrued as legal advice. The use of this information is strictly at your own risk.

                          -Krypton9591

                          Comment


                          • #14
                            Originally posted by krypton9591 View Post
                            you can appeal when they start removal proceedings, or you can consult with an attorney and see if they could help you

                            In most cases you cannot appeal an I-485 decision. What you can do is open a motion to reconsider or open a motion to reopen. Reopen involves submitting new evidence. Reconsider involves convincing the same person who wrongly denied you that they were wrong. I have a lawyer, two in fact, but the decision on whether to go forward with the motion or simply refile is mine to make. Also, I'm not going to be be deported: my visa is still valid for several years.

                            Comment


                            • #15
                              Originally posted by Sherbs View Post
                              In most cases you cannot appeal an I-485 decision. What you can do is open a motion to reconsider or open a motion to reopen. Reopen involves submitting new evidence. Reconsider involves convincing the same person who wrongly denied you that they were wrong. I have a lawyer, two in fact, but the decision on whether to go forward with the motion or simply refile is mine to make. Also, I'm not going to be be deported: my visa is still valid for several years.
                              What type of visa do you have is immigrant or non-immigrant? In my opinion, the non-immigrant visa became non valid at the moment you presented interes to become permanent resident. For example, when you are I-485 pending you cannot travel anymore with a non-immigrant visa.

                              Comment

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