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HELP NEEDED PLEASE!!!!! I-130 approved and I-485 denied

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  • HELP NEEDED PLEASE!!!!! I-130 approved and I-485 denied

    My mom was here in the USA since March 2020 and I sent the concurrent package in Aug 2020 and she got approved to I-130 and I-131 and I-763 and we were waiting for the I-485 to get approved, USCIS request information and I responded and I sent all the requested papers, and then my mom she had to leave the USA for urgent emergency and before she left I had to call the USCIS and ask them if she can leave before the approval of I-485, and the office told me she can easily leave and come back as long as she has the Advance Parole.
    February 2021 mon received her combo card.

    Unfortunately, I received a notice from the Local USCIS office about the denial of my mom's I-485 and the reason for the denial is leaving the country without applying for the Advance Paroe.
    Does that mean that the uscis officer who signed the denial letter doesn't know that my mom got the combo card?

    I don't know what to do!!!!
    HELP ME PLEASE!!!!!!
    Last edited by RIRI; 06-18-2021, 08:14 AM.

  • #2
    Did she leave before or after the combo card was approved?
    Is she back in the USA? Did she enter with the combo card (AP)?
    Nov 2018 - Package sent - EB - Texas Service Center
    Day 1 - Package received at the lockbox
    Day 999 - Card delivered to me - Aug 2021
    ---
    All my posts are based on my experience or information I read on the forums or the USCIS website. I may be wrong. Please consult a professional.

    Comment


    • #3
      [ she left after the combo card got approved and she took it with her.... She is still overseas and was planning to come back next month.

      QUOTE=Enub4;n763142]Did she leave before or after the combo card was approved?
      Is she back in the USA? Did she enter with the combo card (AP)?[/QUOTE]
      Last edited by RIRI; 06-18-2021, 01:22 AM.

      Comment


      • #4
        I'm sorry this happened to you. This is a clear mistake from USCIS. You may want to try to reopen the case but you may need a lawyer's assistance.

        It looks like the system wasn't updated with the EAD/AP combo card when they received information about the travel. I don't know how hard (or the process) to reopen the AOS or if she will be able to travel with that card (when the AOS process is reopened).
        Nov 2018 - Package sent - EB - Texas Service Center
        Day 1 - Package received at the lockbox
        Day 999 - Card delivered to me - Aug 2021
        ---
        All my posts are based on my experience or information I read on the forums or the USCIS website. I may be wrong. Please consult a professional.

        Comment


        • #5
          Thank you so much for your response, I will try to contact a lawyer.

          Comment


          • #6
            Originally posted by RIRI View Post
            Thank you so much for your response, I will try to contact a lawyer.

            First, I thought of advising you to make an infopass appointment and bring the I-765 and I-131 approval letters. However, I do not think you would be able to inquire on her behalf. A lawyer could but there is the money factor to consider.

            You could either reach out to your US Senator, Congressperson or the Ombudsman. The Ombudsman is usually your last resort. Either one of the should be able to shake the tree and have USCIS take a look at the file and establish the error.

            Truth be told, USCIS may not admit the error and you may have to file the I-485 again. Let's hope it does not come down to that.

            Best wishes,

            USCFFS

            Comment


            • #7
              Originally posted by RIRI View Post
              Unfortunately, I received a notice from the Local USCIS office about the denial of my mom's I-485 and the reason for the denial is leaving the country without applying for the Advance Paroe.
              Does that mean that the uscis officer who signed the denial letter doesn't know that my mom got the combo card?
              The notice mention any way to appeal or reopen the case? I don't know if there is any way to contact the local USCIS office, if I were you I'll try to visit it and see if I can talk with someone at least to get more information on what to do. Good luck.
              Nov 2018 - Package sent - EB - Texas Service Center
              Day 1 - Package received at the lockbox
              Day 999 - Card delivered to me - Aug 2021
              ---
              All my posts are based on my experience or information I read on the forums or the USCIS website. I may be wrong. Please consult a professional.

              Comment


              • #8
                Thank you, everyone, I had to write a "motion to reconsider" letter, and the USCIS sent me another notice saying that they have reopened my case and a couple of days later they have scheduled my mom interview.

                Comment


                • #9
                  Excellent news RIRI
                  Thank you for sharing.
                  Nov 2018 - Package sent - EB - Texas Service Center
                  Day 1 - Package received at the lockbox
                  Day 999 - Card delivered to me - Aug 2021
                  ---
                  All my posts are based on my experience or information I read on the forums or the USCIS website. I may be wrong. Please consult a professional.

                  Comment

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