What is best after i-485 denial by officer mistake,my priority is to get GC asap!!

[Ashl]

Hi, I have been following this forum since a long time and now I really need help. Please help me out!!

I am married to a GC holder (LPR) and filed my i-130 in U.S, (Priority Date is 28thNov2016) which is approved now (that is, in March 2018)
After which I filed i-485 (AoS) along with i-765 (for EAD & Advance Parole) Receipt Date for i-485 & i-765 is 19thMarch2018.
I had my biometrics on 20thApril2018.
I recieved notice of interview with in 2 weeks after biometrics. Interview Date: 13thJune2018.
I felt really lucky to get the interview notice so early.
But unfortunately my attorney wasn't in city on that day so he E-mailed immigration officer on 08thMay2018, I repeat "my attorney E-mailed immigration officer to reschedule my interview date and submitted his flight tickets and his work related paper as the Proof!!"
And my attorney got a response back from the immigration officer very next day 09thMay2018 saying "we have Descheduled the interview held on 13thJune2018 and a new interview date will be Rescheduled and the notice of new interview date will be mailed through post and this e-mail along with the proofs will be submitted to the applicants corresponding USCIS office"

My attorney just said to me that he received a confirmation email from the immigration officer and I will be receiving new interview date anytime.

So I have been patiently waiting for new interview date, but to my surprise on 19thJune2018 my case (i-485 & i-765) was updated with a decision as DENIED and the reason is mailed to me.
I got the Decision Notice on 22ndJune2018 and the reason was, I didn't appear for the interview nor submitted any correspondence to USCIS explaining why I was unable to appear for the interview.
And I cannot appeal this decision but can file a Motion to Reopen or Reconsider using i-290B before 33 days of notice.

Well it is very clear that the mistake is from immigration officer end and not my side.
They didn't update my USCIS office with the E-mail and proofs submitted by my attorney for not attending the interview & rescheduling it.


Now my questions are

1) What is my current status in US?

2) If I file motion to Reconsider (i-290B) then how quickly will I receive the receipt notice for it?

3) How long it takes to process i-290B?

4) After filing motion to Reconsider (i-290B) what will be my status in U.S?

5) Can I file i-290B (Motion to Reconsider) in person at my corresponding USCIS office?

6) Will my i-290B will be processed soon as it was the mistake of the immigration officer who didn't update the system and my corresponding USCIS office about my request to reschedule the interview.

7) Can I stay in U.S while i-290B is being processed?

8) Can I re-apply for i-485 again with or without i-290B (Motion to Reconsider)?

9) Will I be in status after applying again for i-485?

10) The new receipt date will be then my priority date for i-485 or can I consider my old receipt date only?

11) My attorney was saying about NVC process, that is to go back to home country wait for 5 months (beacause till then my priority date i-130 will be current as per his instinct) then attend the interview in home country, and get the green card and enter U.S.

- Please update or give information about NVC process.

A) How it has to be done.
B) What are the criterias
C) Processing time
D) What's the risk involved
E) Chances of getting a denial in NVC too.
Or any such things.

12) If I leave U.S will my i-130 (approved) will still be valid?

13) What is the best option in this stage?

14) What is the best option to stay in status in U.S along with i-485 being processed?

15) Can I apply for B2 extension again?

My motive is to stay in U.S (in status) and get my i-485 processed in U.S and get my green card asap.
I really dont want to go back to my home country, beacause I am really not sure when immigration terms/policies gets changed as per present situation in U.S.

Note: please note I entered US on B2 visa in October2016 (with 3 months stamp) then filed i-130 in November2016.
Then went back to home country (in Jan 2017) and returned U.S after 3 months (in April2017) on B2 visa again (with 6 months stamp this time).
My i-130 was already in process, then I also filed i-539 (F1/Student Visa) currently decision pending, on 24thAugust2018 along with extension of B2 visa, for which I got the result in May2018, that my extension is approved till April2018. Meanwhile as I mentioned above my i-130 was approved and i-485 & i-765 were in process, so I was in status in U.S.
I never over stayed.

In short currently my
A) B2 visa extension date is also over
B) i-539(F1) is in process
C) i-130 is Approved
D) i- 485 & i-765 is denied due to immigration officer mistake.

Please suggest with the best option.

Thanks in advance!!

[UScitizenFilingforspouse]

Hi, I have been following this forum since a long time and now I really need help. Please help me out!!

I am married to a GC holder (LPR) and filed my i-130 in U.S, (Priority Date is 28thNov2016) which is approved now (that is, in March 2018)
After which I filed i-485 (AoS) along with i-765 (for EAD & Advance Parole) Receipt Date for i-485 & i-765 is 19thMarch2018.
I had my biometrics on 20thApril2018.
I recieved notice of interview with in 2 weeks after biometrics. Interview Date: 13thJune2018.
I felt really lucky to get the interview notice so early.
But unfortunately my attorney wasn't in city on that day so he E-mailed immigration officer on 08thMay2018, I repeat "my attorney E-mailed immigration officer to reschedule my interview date and submitted his flight tickets and his work related paper as the Proof!!"
And my attorney got a response back from the immigration officer very next day 09thMay2018 saying "we have Descheduled the interview held on 13thJune2018 and a new interview date will be Rescheduled and the notice of new interview date will be mailed through post and this e-mail along with the proofs will be submitted to the applicants corresponding USCIS office"

My attorney just said to me that he received a confirmation email from the immigration officer and I will be receiving new interview date anytime.

So I have been patiently waiting for new interview date, but to my surprise on 19thJune2018 my case (i-485 & i-765) was updated with a decision as DENIED and the reason is mailed to me.
I got the Decision Notice on 22ndJune2018 and the reason was, I didn't appear for the interview nor submitted any correspondence to USCIS explaining why I was unable to appear for the interview.
And I cannot appeal this decision but can file a Motion to Reopen or Reconsider using i-290B before 33 days of notice.

Well it is very clear that the mistake is from immigration officer end and not my side.
They didn't update my USCIS office with the E-mail and proofs submitted by my attorney for not attending the interview & rescheduling it.


Now my questions are

1) What is my current status in US?

2) If I file motion to Reconsider (i-290B) then how quickly will I receive the receipt notice for it?

3) How long it takes to process i-290B?

4) After filing motion to Reconsider (i-290B) what will be my status in U.S?

5) Can I file i-290B (Motion to Reconsider) in person at my corresponding USCIS office?

6) Will my i-290B will be processed soon as it was the mistake of the immigration officer who didn't update the system and my corresponding USCIS office about my request to reschedule the interview.

7) Can I stay in U.S while i-290B is being processed?

8) Can I re-apply for i-485 again with or without i-290B (Motion to Reconsider)?

9) Will I be in status after applying again for i-485?

10) The new receipt date will be then my priority date for i-485 or can I consider my old receipt date only?

11) My attorney was saying about NVC process, that is to go back to home country wait for 5 months (beacause till then my priority date i-130 will be current as per his instinct) then attend the interview in home country, and get the green card and enter U.S.

- Please update or give information about NVC process.

A) How it has to be done.
B) What are the criterias
C) Processing time
D) What's the risk involved
E) Chances of getting a denial in NVC too.
Or any such things.

12) If I leave U.S will my i-130 (approved) will still be valid?

13) What is the best option in this stage?

14) What is the best option to stay in status in U.S along with i-485 being processed?

15) Can I apply for B2 extension again?

My motive is to stay in U.S (in status) and get my i-485 processed in U.S and get my green card asap.
I really dont want to go back to my home country, beacause I am really not sure when immigration terms/policies gets changed as per present situation in U.S.

Note: please note I entered US on B2 visa in October2016 (with 3 months stamp) then filed i-130 in November2016.
Then went back to home country (in Jan 2017) and returned U.S after 3 months (in April2017) on B2 visa again (with 6 months stamp this time).
My i-130 was already in process, then I also filed i-539 (F1/Student Visa) currently decision pending, on 24thAugust2018 along with extension of B2 visa, for which I got the result in May2018, that my extension is approved till April2018. Meanwhile as I mentioned above my i-130 was approved and i-485 & i-765 were in process, so I was in status in U.S.
I never over stayed.

In short currently my
A) B2 visa extension date is also over
B) i-539(F1) is in process
C) i-130 is Approved
D) i- 485 & i-765 is denied due to immigration officer mistake.

Please suggest with the best option.

Thanks in advance!!

Did you read any of the emails your attorney sent and received?

[krypton9591]

Hi, I have been following this forum since a long time and now I really need help. Please help me out!!

I am married to a GC holder (LPR) and filed my i-130 in U.S, (Priority Date is 28thNov2016) which is approved now (that is, in March 2018)
After which I filed i-485 (AoS) along with i-765 (for EAD & Advance Parole) Receipt Date for i-485 & i-765 is 19thMarch2018.
I had my biometrics on 20thApril2018.
I recieved notice of interview with in 2 weeks after biometrics. Interview Date: 13thJune2018.
I felt really lucky to get the interview notice so early.
But unfortunately my attorney wasn't in city on that day so he E-mailed immigration officer on 08thMay2018, I repeat "my attorney E-mailed immigration officer to reschedule my interview date and submitted his flight tickets and his work related paper as the Proof!!"
And my attorney got a response back from the immigration officer very next day 09thMay2018 saying "we have Descheduled the interview held on 13thJune2018 and a new interview date will be Rescheduled and the notice of new interview date will be mailed through post and this e-mail along with the proofs will be submitted to the applicants corresponding USCIS office"

My attorney just said to me that he received a confirmation email from the immigration officer and I will be receiving new interview date anytime.

So I have been patiently waiting for new interview date, but to my surprise on 19thJune2018 my case (i-485 & i-765) was updated with a decision as DENIED and the reason is mailed to me.
I got the Decision Notice on 22ndJune2018 and the reason was, I didn't appear for the interview nor submitted any correspondence to USCIS explaining why I was unable to appear for the interview.
And I cannot appeal this decision but can file a Motion to Reopen or Reconsider using i-290B before 33 days of notice.

Well it is very clear that the mistake is from immigration officer end and not my side.
They didn't update my USCIS office with the E-mail and proofs submitted by my attorney for not attending the interview & rescheduling it.


Now my questions are

1) What is my current status in US?

2) If I file motion to Reconsider (i-290B) then how quickly will I receive the receipt notice for it?

3) How long it takes to process i-290B?

4) After filing motion to Reconsider (i-290B) what will be my status in U.S?

5) Can I file i-290B (Motion to Reconsider) in person at my corresponding USCIS office?

6) Will my i-290B will be processed soon as it was the mistake of the immigration officer who didn't update the system and my corresponding USCIS office about my request to reschedule the interview.

7) Can I stay in U.S while i-290B is being processed?

8) Can I re-apply for i-485 again with or without i-290B (Motion to Reconsider)?

9) Will I be in status after applying again for i-485?

10) The new receipt date will be then my priority date for i-485 or can I consider my old receipt date only?

11) My attorney was saying about NVC process, that is to go back to home country wait for 5 months (beacause till then my priority date i-130 will be current as per his instinct) then attend the interview in home country, and get the green card and enter U.S.

- Please update or give information about NVC process.

A) How it has to be done.
B) What are the criterias
C) Processing time
D) What's the risk involved
E) Chances of getting a denial in NVC too.
Or any such things.

12) If I leave U.S will my i-130 (approved) will still be valid?

13) What is the best option in this stage?

14) What is the best option to stay in status in U.S along with i-485 being processed?

15) Can I apply for B2 extension again?

My motive is to stay in U.S (in status) and get my i-485 processed in U.S and get my green card asap.
I really dont want to go back to my home country, beacause I am really not sure when immigration terms/policies gets changed as per present situation in U.S.

Note: please note I entered US on B2 visa in October2016 (with 3 months stamp) then filed i-130 in November2016.
Then went back to home country (in Jan 2017) and returned U.S after 3 months (in April2017) on B2 visa again (with 6 months stamp this time).
My i-130 was already in process, then I also filed i-539 (F1/Student Visa) currently decision pending, on 24thAugust2018 along with extension of B2 visa, for which I got the result in May2018, that my extension is approved till April2018. Meanwhile as I mentioned above my i-130 was approved and i-485 & i-765 were in process, so I was in status in U.S.
I never over stayed.

In short currently my
A) B2 visa extension date is also over
B) i-539(F1) is in process
C) i-130 is Approved
D) i- 485 & i-765 is denied due to immigration officer mistake.

Please suggest with the best option.

Thanks in advance!!

Did you read any of the emails your attorney sent and received?

Even better question is did your attorney ever return from his "vacation"/"Business Trip", if not this will be the second case of an immigration lawyer stealing money from someone and said attorney should be reported to the america Bar association.

[cali2018]

Your attorney needs to fired asap. Truly though your entire timeline is very questionable so they may have been preparing to deny you always which is why you got a fast interview date but again more case to fire you attorney.

I suggest reading up on why your timeline is wrong, possible fraud etc...Then get a comptent lawyer and leaving the country. You really do not want to bring attention by making an appeal.

[ember]

Your attorney needs to fired asap. Truly though your entire timeline is very questionable so they may have been preparing to deny you always which is why you got a fast interview date but again more case to fire you attorney.

I suggest reading up on why your timeline is wrong, possible fraud etc...Then get a comptent lawyer and leaving the country. You really do not want to bring attention by making an appeal.

Uh, I would not suggest this.

Unfortunately USCIS sometimes makes big mistakes like these. If your lawyer has been competent thus far, they should be able to fix this for you fairly easily. It's not ideal, obviously, but if it's truly a weird mistake made by USCIS, then it should be dealt with.

If your lawyer has done something wrong, made a mistake, or done subpar work, by all means find a new one!! However, this is precisely the moment that you need a lawyer, and if possible one that is familiar with your case already.

I wouldn't abandon my application and leave the country just because the agency didn't input data correctly, that seems like a big waste of time and money, and it could also impact you in the future! In my personal opinion, it would be better to deal with it now.

[cali2018]

The interview could have been 3 questions. ?Why did you file i-130?, why did you enter as a tourist? Why did you extend your tourist visa??.

Any lawyer that tells someone they should enter on a tourist visa with a i130 pending is super shady. Any lawyer who then says its a good idea to renew your B2 with AOS pending vs switching to NVC again questionable. Any lawyer who miraclously forgets your interview date then when rejected, says we can refile to NVC give me more money, deserves a punch in the face.

Just me opinon.

[ember]

The interview could have been 3 questions. ?Why did you file i-130?, why did you enter as a tourist? Why did you extend your tourist visa??.

Any lawyer that tells someone they should enter on a tourist visa with a i130 pending is super shady. Any lawyer who then says its a good idea to renew your B2 with AOS pending vs switching to NVC again questionable. Any lawyer who miraclously forgets your interview date then when rejected, says we can refile to NVC give me more money, deserves a punch in the face.

Just me opinon.

But we have no idea what advice the lawyer actually gave, or when OP first contacted the lawyer.
According to OP, the lawyer did not forget the interview, but rather had it rescheduled due to prior commitment conflicts.
Also, OP did not specify what the lawyer said regarding NVC - it's possible that OP brought it up or asked a question or that the lawyer simply explained an option to him.

Look, if the lawyer screwed up or gave bad advice, I agree with you.
But it seems to me that firing a lawyer based on a couple people in this forum getting angry on OPs behalf with virtually no information on what happened is a BAD idea.

My questions would be:
1. Did the lawyer provide copies of correspondence between themselves and USCIS? I.e., can the lawyer show that they did in fact reschedule the appointment and get USCIS confirmation?
2. What was the lawyer's advice? Does the lawyer think it would be easy to get USCIS to fix it?
3. Did the lawyer suggest the NVC route or just explain it? There is a BIG difference.
4. Did the lawyer explain the time and cost of the various options? I.e. did the lawyer explain why one option might be better for OP?
5. Did the lawyer offer to do the work needed to fix USCIS' mistake for a discounted rate or for free?
6. Is the lawyer's advice in conformity with OP's goals?

Any good lawyer will explain ALL the options, and work with someone to figure out the best route for them & their circumstances. They should explain why they are giving the advice they are giving, explain the benefits AND the risks, and make sure that someone has the information needed to make their decision.

Maybe OP's lawyer is ****, I dunno. But I don't think we can infer that from the info given, and I don't think that OP would be better off just up and firing a good lawyer (IF this one is good).

I just don't think WE should be giving OP legal advice :P

[Roxilili]

I think that Contact an ombudsman might be an option if was a USCIS mistake

[Ashl]

What is best after i-485 denial by officer mistake,my priority is to get GC asap!! Y

I think that Contact an ombudsman might be an option if was a USCIS mistake

Thank you for your response.

Yeah, but the appointment date is available very close to my 30 days time limit (that is 19th July 2018). So I am scared if the officer says it takes some period of time to look into my case, then what should I do to be in US??

If i get no response by 19th July then i'll of course file I-290B (file to motion) but will that let me be in US is my concern.

My attorney is strictly advising me to go with NVC Process, But I am not sure how long will I have to wait back in my Home Country.

[cali2018]

You did not answer any questions about correspondence the lawyer had and if you saw any proof.

I never was giving legal advice, business advice. Seems both yourself and the lawyer are avoiding you attempted immigration fraud and there is a direct timeline that could prove so. Now I am sure your lawyer never put anything in writing just like I doubt they have the correspondence for this mysterious reason they cant attend a clients interview.

[Ashl]

What is best after i-485 denial by officer mistake,my priority is to get GC asap!!

I think that Contact an ombudsman might be an option if was a USCIS mistake

But we have no idea what advice the lawyer actually gave, or when OP first contacted the lawyer.
According to OP, the lawyer did not forget the interview, but rather had it rescheduled due to prior commitment conflicts.
Also, OP did not specify what the lawyer said regarding NVC - it's possible that OP brought it up or asked a question or that the lawyer simply explained an option to him.

Look, if the lawyer screwed up or gave bad advice, I agree with you.
But it seems to me that firing a lawyer based on a couple people in this forum getting angry on OPs behalf with virtually no information on what happened is a BAD idea.

My questions would be:
1. Did the lawyer provide copies of correspondence between themselves and USCIS? I.e., can the lawyer show that they did in fact reschedule the appointment and get USCIS confirmation?
2. What was the lawyer's advice? Does the lawyer think it would be easy to get USCIS to fix it?
3. Did the lawyer suggest the NVC route or just explain it? There is a BIG difference.
4. Did the lawyer explain the time and cost of the various options? I.e. did the lawyer explain why one option might be better for OP?
5. Did the lawyer offer to do the work needed to fix USCIS' mistake for a discounted rate or for free?
6. Is the lawyer's advice in conformity with OP's goals?

Any good lawyer will explain ALL the options, and work with someone to figure out the best route for them & their circumstances. They should explain why they are giving the advice they are giving, explain the benefits AND the risks, and make sure that someone has the information needed to make their decision.

Maybe OP's lawyer is ****, I dunno. But I don't think we can infer that from the info given, and I don't think that OP would be better off just up and firing a good lawyer (IF this one is good).

I just don't think WE should be giving OP legal advice :P

Thank you for your response.

I have the attorney since first day, He did my husbands GC too.

1. Did the lawyer provide copies of correspondence between themselves and USCIS? I.e., can the lawyer show that they did in fact reschedule the appointment and get USCIS confirmation?
A. Nope, as per the law my attorney cannot show me the conversation he had with officer.
But he is ready to forward me the email if I have to make an appointment with the immigration officer and he cannot show up.

2. What was the lawyer's advice? Does the lawyer think it would be easy to get USCIS to fix it?
A. He said its unpredictable. As per his last case experience the personal meeting with the officer didn't solve the issue and he had to file motion for that client and it takes about 8-12 months to process and the result could be a YES or NO.

3. Did the lawyer suggest the NVC route or just explain it? There is a BIG difference.
A. He is suggesting me to go for NVC Process.

4. Did the lawyer explain the time and cost of the various options? I.e. did the lawyer explain why one option might be better for OP?
A. Yup, he said file to motion will cost more than NVC. And as per him NVC would be the better option.

5. Did the lawyer offer to do the work needed to fix USCIS' mistake for a discounted rate or for free?
A. Nope, He is gonna charge me. And he is also not sure whether the mistake can be fixed or not.

6. Is the lawyer's advice in conformity with OP's goals?
A. Well, both of our goal is to get GC asap, but i want to stay in US and process and he wants me to go to my home country and process.

I'm so confused!

Because there is no guarantee that i'll get GC through NVC too so i'm scared to move out of US. and don't wanna stuck in my country forever.

If i do file motion to reopen (I-290B) I am not sure if i can stay in US.

I want to stay in US because if anything else comes up i can try to do something with in US and it is just impossible to do anything from outside US.

Please just advice me what to do to stay in US and get I-485 back on track.

Please!!
I really appreciate your time and help.
Thanks!!

[Ashl]

What is best after i-485 denial by officer mistake,my priority is to get GC asap!!

You did not answer any questions about correspondence the lawyer had and if you saw any proof.

I never was giving legal advice, business advice. Seems both yourself and the lawyer are avoiding you attempted immigration fraud and there is a direct timeline that could prove so. Now I am sure your lawyer never put anything in writing just like I doubt they have the correspondence for this mysterious reason they cant attend a clients interview.

Thank you for your reply.

Well, the lawyer did email the officer and got a reply back. You must be knowing it, as per the law an attorney cannot disclose the conversations between him and the immigration to his clients unless it is mentioned to do so.

I got an appointment with the officer in person where in I am gonna submit the email copies along with my attorney.
But I am just not sure how quick the officer will resolve my issue. **Fingers Crossed**

Also, I didn't do any fraud in any of my process and will never think of it also.
I entered US legally and stayed in status always.
No immigration attorney would ever suggest his clients to get into any kind of fraud.

[cali2018]

There is no such law, the lawyer represents you all communication is on your behalf.
Anyways seems got it under control, good luck.

[Ashl]

What is best after i-485 denial by officer mistake,my priority is to get GC asap!!

The interview could have been 3 questions. ?Why did you file i-130?, why did you enter as a tourist? Why did you extend your tourist visa??.

Any lawyer that tells someone they should enter on a tourist visa with a i130 pending is super shady. Any lawyer who then says its a good idea to renew your B2 with AOS pending vs switching to NVC again questionable. Any lawyer who miraclously forgets your interview date then when rejected, says we can refile to NVC give me more money, deserves a punch in the face.

Just me opinon.

Thanks for your reply.

Well the 2nd time when i entered US, the CBP officer know my i-130 is in process and i am definitely gonna migrate to US after all my husband stays in US and is a LPR.

I had to put B2 Extension because when we do change of status from B2 to F1 you also need to apply for the extension to stay in US.
My AOS was filed after my i-130 was approved not along with change of status.
My attorney didn't forget the interview date, it's just that he had to attend a conference which he was trying since 8 years to get in, so he had it on the same day as my interview day.
He is suggesting me NVC process, because it is more easier and quicker to get GC from home country compared to I-290B which is about 8-12 months process.

My only concern is to stay in US but how?!

[Ashl]

What is best after i-485 denial by officer mistake,my priority is to get GC asap!!

Uh, I would not suggest this.

Unfortunately USCIS sometimes makes big mistakes like these. If your lawyer has been competent thus far, they should be able to fix this for you fairly easily. It's not ideal, obviously, but if it's truly a weird mistake made by USCIS, then it should be dealt with.

If your lawyer has done something wrong, made a mistake, or done subpar work, by all means find a new one!! However, this is precisely the moment that you need a lawyer, and if possible one that is familiar with your case already.

I wouldn't abandon my application and leave the country just because the agency didn't input data correctly, that seems like a big waste of time and money, and it could also impact you in the future! In my personal opinion, it would be better to deal with it now.

Thank you so much for your reply.

I got an appointment with the officer in person where in I am gonna submit the email copies along with my attorney.
But I am just not sure how quick the officer will resolve my issue. **Fingers Crossed**

But what would you suggest? If the officer cannot resolve the issue with in 33 days.
Apply I-290B? or Go with NVC process??
If I-290B then how can I stay in US?

Appreciate your help!!