QUESTION
What should one do next if I-765, I-485 and I-130 was denied?
Asked on Apr 18th, 2015 on Immigration - New York
2 ANSWERS
The answer to your question depends upon the reasons USCIS denied the applications. It would be wise to engage an immigration attorney who, after seeing the Denial Decision and learning the relevant information about you and your family relationship (marriage?) will be able to advise you about eligibilities, options and strategies. Some immigration law firms, including mine, offer legal services on a "flat fee" basis so that a client will know the total expense from the very beginning, and a few immigration law firms, including mine, offer an initial consultation free of charge.
Answered on Apr 21st, 2015 at 11:14 AM
Civil Litigation Attorney serving New York, NY
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Talk to an immigration attorney. As soon as possible. There are just too many details you did not provide in your question: Who filed your I-130 - your relative or your employer?Was the I-130 denied or only I-485? What reason the USCIS given for the denial? Depending on the answers to these questions and on the circumstances of your case, you might ask the USCIS to reconsider the decision, or re-file the same application packet (after correcting the mistakes), or file a new, different application, or do something else. Just remember that there is a deadline for filing a motion to reopen or reconsider your case - 30 days from the date of the decision denying your application. Once this deadline is passed, the opportunity to argue that the USCIS should change its decision will be lost, and there will be no appeal. It takes time to prepare the papers. Don't waste it.
Answered on Apr 20th, 2015 at 6:38 PM