Rejected by INS, Want to APPEAL

[CAResearcher]

Dear Friends,

My parents I-485 rejected due to failed to attend interview. They were overseas at that time and we have wroten INS request for rescheduling the interview before they left US. Obvisously the INS didn't take our request. We want to APPEAL by filing I-290B. Anyone know what kind of evidence we need to attach ? who should file the appeal, my parents or me (I am the sponsor for their immigration)? Thanks

[curiousone]

Your parents file the appeal. They do a motion to reopen asking that the I-485 be reopened and another interview rescheduled and cite the same reasons you just gave. You must say that their visit abroad was due to an emergency not just merely to vacation or visit family. You attach the evidence that showed that you requested another date. However bear in mind that it was discretionary not obligatory that the date would have been rescheduled so USCIS had the option and right to refuse the request. If the appeal is denied, they can refile the I-485. Did they have AP? If not, the application would have been abandoned by virtue of their leaving the US and there's no appeal I believe from that.

[CAResearcher]

Thank you for your answer

Both of parents have valid AP till May 2007. They are overseas right now because my father was schedule heart procedure. I want to APPEAL for them, because INS also sent me letters for DENIAL of I-130 for my parents because they didn't attened the interview. In the lettrer, INS mentioned that it is possible to reopen this case. Therefore, can I file the I-290B for the APPEAL which will cover my parents? I really appreticate your help for this matters

[curiousone]

If its the I-130 that has been denied, its you who file the appeal.....if its the I-485 then its them .........in one post u said I-130 and in the other you said I-485. I believe though that its its the I-485 youre talking about, in that case its them who file the appeal.....


Which form exactly is I-290B ? As far as i know its done via Motion To Reopen and with a $110.00 fee I believe. That theyre abroad is not that big an obstacle, simply do it and send via courier wherever requires their signature

[CAResearcher]

Here is the detail

INS wrote to me : I-130 DENIAL for my parents.,.....However, I may file a motion to reopen .
INS wrote to my parents: "it is ordered that your application for status as a lawful permanent resident be denied ..... the decison may not be appealed. However, you may file a motion to reopen. .....This motion may be filed on Form I-290B,.....",

I searched the INS web about I-290B, it covers all the benefiaries in the case.

Therefore, Can I file I-290B for this case. my I-130 file numer is the same as their i-485 file number. The fee is $385. How come you said only $110? what kind of motion you mentioned in your previous message?

Please help.

[curiousone]

INS wrote to me : I-130 DENIAL for my parents.,.....However, I may file a motion to reopen .
INS wrote to my parents: "it is ordered that your application for status as a lawful permanent resident be denied ..... the decison may not be appealed. However, you may file a motion to reopen. .....This motion may be filed on Form I-290B,.....",

I searched the INS web about I-290B, it covers all the benefiaries in the case.

Therefore, Can I file I-290B for this case. my I-130 file numer is the same as their i-485 file number. The fee is $385. How come you said only $110? what kind of motion you mentioned in your previous message?

Please help.

Firstly, Sorry about the $110.00 It was that amount until late last year and I forgot when I was writing that it had increased to $385.00. Also, I know the form as Notice of Appeal....and didnt know the official number was I-290B

Anyway, We're actually talking about the same thing. As the letter from USCIS says...........you may file a motion to reopen.........thats what the appeal is called. The I-290B is telling them yes, I want to appeal this thing and most pro-se ( by themselves) applicants just use that form and attach the evidence. Attorneys would do a document titled "Motion To Reopen" which basically says why and details the aruguemnt.

You complete the form.........in the section that says reason you state that they were unavailable because of illness and you can either do an affidavit (notarized) that explains it all or just make copies of whatever proof that you have that your father was really ill and had an appt for surgery and that you had requested a new date and attach it to the motion (I-290B). You send it and in a month or so should get a new date....or at least a notice that it was approved or denied.

However , how are they going to come back into the US?........Do they have a US Visa?.............if they no longer have a I-485 pending ( and until the motion is APPROVED, they don't) on what basis will they enter?

[CAResearcher]

They have AP

Thank you.
My parents have Advanced Partol before they left US .and AP vaild till April ,2007. Is this ok for they to re-enter US if INS issue new interview date?

[curiousone]

Thank you.
My parents have Advanced Partol before they left US .and AP vaild till April ,2007. Is this ok for they to re-enter US if INS issue new interview date?

I think once they get a new date they can come in on the AP. As to whether or not they can before then...........I'm not so sure they can.
The difficulty is that , in my opinion, advance parole presumes the existence of a pending I-485. The purpose of the AP is to safeguard the I-485 against the law which says that departure from the Us while its pending makes it abandoned....and also say in case of someone whose visa expired during the process, to enter the US without a Visa. There is no more I-485 in your case. Once the I-485 is denied, if the person who file it status was legal only because of that I-485, then I think they become illegal as of the date of that denial. So I'm not 100 % sure that in the absence of a I-485 that the AP is valid..but neither am I 100 % sure that it isn't either........However once its restored by the granting of the motion, I think thats a different story and they should be able to come in once given a new date..

To me its a tricky situation........but perhaps someone with more knowledge and experience can add something here?

[nniikkii]

Motion to reopen

AP and work permit are immediately expired on the day USCIS denied the I-485. I missed my interview because I didnt receive the interivew notice due to move. I'm still waiting for the their response to motion to reopen. There is no time table for this.