Help needed! Approved I-130, Denied I-485

[Laluna]

Good evening.
I’m a US citizen and we filed I-130,I-485 last year. Went to the interview which went great, but needed to submit the certificate of disposition of my husband’s prior arrest( his arrest happened while I-485 was pending). His case was not done yet because of the lockdown and I send a letter to USCIS asking for extension. Fast forward, my husband’s case is still not settled because some NYS courts are not scheduling hearings at this time due to Covid.
So today I received a notice that I-485 was denied due to us not providing a certificate of disposition for his arrest. We also received a notice that our I-130 was approved. In my understanding we need to reapply. I’m wondering how can I reapply if we don’t have his certificate of disposition yet, but I can have a letter from the court clerk stating that they are not scheduling hearings at this time. Can I include that? I don’t want them to initiate the deportation proceedings against my husband so need to file within 30 days. Once we reapply I485, will we need to go back for another interview? Do we need to include marriage certificate, birth certificate of our kids, pictures, etc all over again? Thank you.

[SmithB]

I am not sure what are your options, but if you end up reapplying you need to include everything you included in your initial application! Basically you have to pretend you did not already aplly and you are applying for a first time. However I would talk to an attorney at least for a consultation.

[GirlinVA]

Good evening.
I’m a US citizen and we filed I-130,I-485 last year. Went to the interview which went great, but needed to submit the certificate of disposition of my husband’s prior arrest( his arrest happened while I-485 was pending). His case was not done yet because of the lockdown and I send a letter to USCIS asking for extension. Fast forward, my husband’s case is still not settled because some NYS courts are not scheduling hearings at this time due to Covid.
So today I received a notice that I-485 was denied due to us not providing a certificate of disposition for his arrest. We also received a notice that our I-130 was approved. In my understanding we need to reapply. I’m wondering how can I reapply if we don’t have his certificate of disposition yet, but I can have a letter from the court clerk stating that they are not scheduling hearings at this time. Can I include that? I don’t want them to initiate the deportation proceedings against my husband so need to file within 30 days. Once we reapply I485, will we need to go back for another interview? Do we need to include marriage certificate, birth certificate of our kids, pictures, etc all over again? Thank you.

Please do not get scared, things happen which are beyond our control. You can always file another 485 application, but that should be plan B in my humble opinion. First, speak to an accredited attorney who can better guide you. With an arrest on your husband's record, you are on a slippery slope. This is in the moral turpitude category and having an attorney who can explain to USCIS will be far better than you filing something on your own. Furthermore, you need to file an I-290B to REOPEN your case with new documentation that USCIS has not received. You can not file RECONSIDER because USCIS did not make an error and you can not file an appeal to AOS decision. You have approximately 33 calendar days plus another 30 days right now due to covid. So again, please go to an attorney who can better guide you than some strangers on a forum who are pseudo-wanna-be attorneys (including myself). Best of luck!!!