I-485 Application Denied...

[remy1973]

My stepmother had her I-485 interview on 1/28/08, and my father forgot to bring his employment letter and mortgage statement to support his AOS. Consequently, her petition was denied based on this oversight. My father started his job the Friday previous to the interview. It slipped his mind to ask for an employment letter. The job is a well paying job ($19/hr), and he has a house with a market value of $520,000.00, with an outstanding mortgage of $69,000.00. He has $30,000.00 in his savings account, and is less than two years away from collecting his full social security benefit (around $1100 a month). From this standpoint it is clear that he can support his wife, and this wouldn't be an issue but for the fact that he forgot to bring the supporting documentation.

He's filing a motion to reopen and providing the additional information of (1) an employment letter, (2) copies of his past two paystubs, (3) a statement from his bank detailing his mortgage information (payment history and outstanding principal). All this additional information, in conjunction with my father's savings account and future social security benefits, clearly show that he is capable of supporting his wife.

Here's my question:

The decision states that since her petition was denied, she is without lawful immigration status and must depart the US within 30 days of the decision. Can she remain pendind the motion to reopen or does she have to leave regardless? Thanks for any insight you can provide.

[PraetorianXI]

As soon as USCIS receives the MTR, she is allowed in status again... it would be easier to refile all documents again... but this is an odd case, it should not have been denied. Just put on hold for approval upon receipt of the documentation.

[remy1973]

As soon as USCIS receives the MTR, she is allowed in status again... it would be easier to refile all documents again... but this is an odd case, it should not have been denied. Just put on hold for approval upon receipt of the documentation.

Thanks for responding. I felt the same way as far as the application being put on hold pending receipt of the supporting docs. The interviewer wrote her name, badge number, and the word "pending" in her passport, which I though meant it was on hold. Not the case. The app was denied and I'm helping my dad file the MTR, which I feel is easier and less expensive then refiling all the documents again. I'm assuming by your saying it would be easier to refile all docs again you mean refile the I130, 485, etc. I'm thinking since the MTR only requires the additional docs that my father forgot to bring, that maybe a reasonable person at the USCIS Manhattan Field Office will see that it was just plain error on the part of the interviewer.

[ferobrynza]

Thanks for responding. I felt the same way as far as the application being put on hold pending receipt of the supporting docs. The interviewer wrote her name, badge number, and the word "pending" in her passport, which I though meant it was on hold. Not the case. The app was denied and I'm helping my dad file the MTR, which I feel is easier and less expensive then refiling all the documents again. I'm assuming by your saying it would be easier to refile all docs again you mean refile the I130, 485, etc. I'm thinking since the MTR only requires the additional docs that my father forgot to bring, that maybe a reasonable person at the USCIS Manhattan Field Office will see that it was just plain error on the part of the interviewer.

How long all process from fileing till interview took? (at Manhattan field office?)

[remy1973]

How long all process from fileing till interview took? (at Manhattan field office?)

My dad filed 10/16/07. He got the receipts in the mail about two weeks later, had the biometrics done in december, and the interview was a week ago. I thought it would be a lot longer a process.

[ferobrynza]

My dad filed 10/16/07. He got the receipts in the mail about two weeks later, had the biometrics done in december, and the interview was a week ago. I thought it would be a lot longer a process.

Sorry for my stupid Q bur are we talking about adjustment of status??????in Manhattan field office???????? your mother is here,right???????

[remy1973]

Sorry for my stupid Q bur are we talking about adjustment of status??????in Manhattan field office???????? your mother is here,right???????

Actually the Manhattan field office is dealing with the MTR. My father files the I130 and I485 concurrently at the Chicago Lockbox. The 485 interview was held in Garden City, NY. My stepmother is still here.

[120604]

i485 denied

Filing a motion to reopen at garden city can be a nightmare, I've been there. Please make sure your dad go in there and and fill an inquiry as soon as possible, make note of dates, also go to federal plaza just to keep getting their attention. I was so bad in my case that the file was sitting there for almost a year later, I brought the documents myself, 3 inquires later I had to make a complaint in DC to get their attention which resulted in my case finally being approved.