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Notice of Intent to Deny for Old I-485 Case After Submitting New I-485

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  • Notice of Intent to Deny for Old I-485 Case After Submitting New I-485

    I was a beneficiary under my mother's I-485 which she submitted in the late 2000's when I was under 18. It's been processing with no clear progress (routine requests for interviews, new medical records, etc. but nothing decisive) and no clear reasons for the lack thereof. I got married last year and submitted my own I-485 with I-130 earlier this month. I got my two I-797s for I-485 and I-130 today saying that my applications are in process.

    However, there was also a third letter "Notice of Intent to Deny" my previous I-485 case with the reason that "You filed Form I-485 based on derivative to your spouse. However, USCIS records fail to indicate you or your spouse are the beneficiary of an approved immigrant petition". (It's a bit confusing for me that they referenced my basis for filing my new I-485 in the NOID for my old I-485.)

    It went on to say I am "hereby notified that it is the intent of USCIS to deny Form I-485" and that I have "33 days to submit the following evidence: evidence of an approved immigrant visa petition."

    Should I respond to this or take no action?

  • #2
    Hire an experience lawyer to review and respond to the mood.

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