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Our I-130 and I-485 have been denied due to abandonment. We never abandoned it and would have never done such a thing.
My wife petitioned me and along with the I-130 I applied for a change of status I-485.
This Friday, USCIS sent us 2 letters:
To my wife: The petition (I-130) has been denied because we did not show for our scheduled interview on August 8th and it is considered abandoned and therefore denied. You may appeal to BIA within 15 days
To me: the I-485 has been denied because my wife's petition I-130 has been denied. Previous work permit are hereby revoked and I must leave the country immediately otherwise proceedings to my removal will begin.
!!!!!!!!!WE NEVER RECEIVED THE NOTICE OF SCHEDULED INTERVIEW!!!!
We have been looking forward to this day and have been very meticulous on every detail. We were on shock when the USCIS stated that we missed our most important date.
I was on an H1B which expired on August 1st and I did not extend it because the I-485 was already submitted.
I work for a big corporation and I had to request a leave of absence explaining my employer the situation.
What is the best way to proceed? Should my wife file the Appeal to BIA (Form EOIR-29) together with a Motion to Reopen or should she file the Motion to reopen first and if that is denied, use the appeal as last resort?
If the motion to reopen is accepted, will I be able to go back to work and will my I-485 be reopened as well or should I file it again?
We appreciate any information
Thanks
My wife petitioned me and along with the I-130 I applied for a change of status I-485.
This Friday, USCIS sent us 2 letters:
To my wife: The petition (I-130) has been denied because we did not show for our scheduled interview on August 8th and it is considered abandoned and therefore denied. You may appeal to BIA within 15 days
To me: the I-485 has been denied because my wife's petition I-130 has been denied. Previous work permit are hereby revoked and I must leave the country immediately otherwise proceedings to my removal will begin.
!!!!!!!!!WE NEVER RECEIVED THE NOTICE OF SCHEDULED INTERVIEW!!!!
We have been looking forward to this day and have been very meticulous on every detail. We were on shock when the USCIS stated that we missed our most important date.
I was on an H1B which expired on August 1st and I did not extend it because the I-485 was already submitted.
I work for a big corporation and I had to request a leave of absence explaining my employer the situation.
What is the best way to proceed? Should my wife file the Appeal to BIA (Form EOIR-29) together with a Motion to Reopen or should she file the Motion to reopen first and if that is denied, use the appeal as last resort?
If the motion to reopen is accepted, will I be able to go back to work and will my I-485 be reopened as well or should I file it again?
We appreciate any information
Thanks
