QUESTION
Can we start over with our AOS application and try to get a 10 year green card instead since my wife and I have been married over 2 years?
Asked on Oct 17th, 2013 on Immigration - Michigan
More details to this question:
I've been in the US legally over 10 years now. My wife and I got married in October 2011. We went through the steps of adjustment of status and got our I-130 approved. However, we were written back that our affidavit of support was incomplete. We sent the required document USCIS asked for 2 1/2 months before the deadline. My case was pending for over 2 months. However we received a notice saying that our case was denied because they didn't receive the information required or it was lost, which was very frustrating news. We were told that we could motion/appeal the case.
9 ANSWERS
Do you have proof that the documentation you submitted was received? If you do, then you can have a basis for the motion. Otherwise, there is not going to be any evidence that you submitted it so it will be likely denied. But you can always start over although all the fees will have to be paid again.
Answered on Oct 23rd, 2013 at 3:19 PM
Immigration Law Attorney serving San Francisco, CA
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Richard S. Kolomejec
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You can do an INFO PASS appointment to speak to an immigration officer. But it is probably easier just to refile the case with an attorney.
Answered on Oct 21st, 2013 at 12:14 PM
Real Estate Attorney serving Frisco, CO
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The Law Office of Eric A. Fisher, LLC
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You should file a motion with proof that you responded timely. There is no appeal from the denial of an I-485, but if your case is referred to immigration court, you can file the case there without additional fees.
Answered on Oct 21st, 2013 at 11:59 AM
Immigration and Naturalization Attorney serving San Diego, CA
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Feldman Feldman & Associates, PC
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Yes I would re-file correctly - perhaps with an attorney this time - and request the 10 year card since married over 2 years.
Answered on Oct 21st, 2013 at 9:56 AM
Yes, you may refile. Just note you will need to pay all the fees again.
Answered on Oct 21st, 2013 at 9:51 AM
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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You can send a motion to reopen or for reconsideration to USCIS along with proof that the documents were submitted or delivered on time, such as a certified mail receipt or a return receipt. If you believe USCIS was at fault for losing or misplacing the documents, you can also make a request along with your motion that the filing fee for the motion be refunded or returned to you. Otherwise, you can also submit a new I-485 application and pay the $1,070 fee again. You do not need to resubmit a new I-130 petition; just submit a copy of the receipt for the petition with the new application.
Answered on Oct 21st, 2013 at 9:49 AM
Immigration Attorney serving Raleigh, NC
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Vasquez Law Firm, PLLC
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Appeals take a very long time, in the alternative you could refile again but would have to repay the filing fees. The real question is whether your spouse qualifies for AOS. For a person to qualify for AOS they must have been inspected by immigration at the time of entry.
Answered on Oct 21st, 2013 at 9:00 AM
You can try, but you should hire a competent and experienced immigration attorney to assist with the processing. There may be other complications.
Answered on Oct 21st, 2013 at 8:55 AM
You can try to file the I-485 again.
Answered on Oct 21st, 2013 at 8:52 AM