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

[krypton9591]

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.

my apologies, when I said appeal, I was speaking about a motion to reconsider.

[newacct]

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.

I think what the OP means is that, although they can challenge I-485 denial in removal proceedings, they won't be placed in removal proceedings for a while, because their nonimmigrant status still lasts for several years, and I-485 filing doesn't affect their existing status. They might be denied entry if they leave the US and try to come back, but that still doesn't allow them to challenge I-485 denial.

[Sherbs]

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.

H-1b: still valid for work and travel while I-485 is pending.

- - - Updated - - -

They might be denied entry if they leave the US and try to come back, but that still doesn't allow them to challenge I-485 denial.

Nope. Can still travel in and out easily on the valid H1-b.

[inadmissible]

MTR's and appeals are for those folks who have no better option

You have the privileged position of being able to just file I-485 anew

[Sherbs]

MTR's and appeals are for those folks who have no better option

You have the privileged position of being able to just file I-485 anew

Thankfully...not sure why one of my lawyers was pushing it so much!

[texas_expat]

Our I-485s were denied after being pending for 12+ years!
OP - what was the path forward you decided to take - motion to reconsider or filed a new I485?

[GirlinVA]

Our I-485s were denied after being pending for 12+ years!
OP - what was the path forward you decided to take - motion to reconsider or filed a new I485?

I just had my AOS 485 case reopened after a denial. We filed the I-290B within a few days after receiving the denial notice. It was an error on USCIS's part and thankfully they reopened the case. If you feel it's an error or you supply evidence to rectify the denial, then don't hesitate to file. Also, have you been maintaining a status (i.e H1B, L1) since filing, then just refile, if not, then I do not think you have any other alternatives? But my humble suggestion is to speak to an attorney, they can better guide you than random people on the forum. Best of luck, don't lose hope, everything will work out how it's supposed to.