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Does the MTR open the previous case, i.e., I-485 interview (denial), or does it reopen the process of having to refile everything again? When you read the instructions it doesn't seem to explain this. Thanks.
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Background Info...
My dad filed a MTR on 2/19/08 in response to a denial decision made on 02/04/08. He received a I-797 Notice of Action letter stating that his wife's I-130 petition was approved. This was confusing since he filed for a reopening of the case and not to refile the I-485 all over again.
I called USCIS for him and the rep had asked if he filed the initial I-485 and I-130 concurrently. I replied that he did, and she explained that the I-130 was approved now because I used the I-130 instead of an approval notice when I filed the I-485. She explained that I had the option of either refiling the I-485 or file a motion to reopen/reconsider. Since we filed the motion to reopen the case, the choice was pretty simple. So here we are, waiting on a decision.
Does anyone know how long a motion to reopen takes to be decided? -
motion to reopen
it can take years, its easier to refile as you will not be out of status and can work.Disclaimer: The information you obtain from me at this forum is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.Comment
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