AOS denied due to missing interview. I want to re-file, but what is my status now?

Asked over 4 years ago - Philadelphia, PA

I mailed my AOS packet (I130/I485/I131/I765) on 06/12/2009, my husband and I missed our interview since we were never informed. I would like to re-file AOS, but I'm not sure what exactly my immigration status is.

I've been living in the US with F-1 visa since 1999. I graduated school in 2008, went on to OPT for another year. My OPT expired on 07/06/2009. My F-1 visa was expired around the same time I submitted AOS packet.
NOTE: Before my AOS application was denied, travel permission (I-131) was approved. I traveled to Japan to see my family and came back on 09/02/2009.

Since I came back as pending AOS status and no longer F-1 student, what should I write in the forms where they ask what is my immigration status?

Additional information

We did file I-290B motion to reopen the next day we received denial letter for AOS. We received a response from Philadelphia field office over the Christmas time, saying they deny our request to reopen our case. So AOS denial status is standing. We also hired a lawyer to request a new interview date, but it seems like a dead end. It seems faster and definite to just re-file AOS. Could you please tell me if my immigration status "pending AOS, entered us on advance parole" is eligible for reapplying another AOS?

Attorney answers (2)

  1. Stuart Jonas Reich

    Pro

    Contributor Level 19
    Best Answer
    chosen by asker

    Answered . What is the actual date of the denial? And, have you discovered from USCIS if the letter informing you of the interview was returned to then? Had you at some point changed address -and if so, had you properly informed USCIS?

    You have 30 days from the date of a denial to file an Appeal/Motion to Reopen/Reconsider (33 if the decision was mailed to you). You might want to consider doing this first, if a case can be made that you were not at fault.

    If you have to re-file, your I-94 determines how you were admitted -should say something like "Parole."

    Speak to a lawyer about an Appeal/Motion and/or refiling.

  2. Shah Iqbal Nawaaz Peerally

    Contributor Level 19

    Answered . You might be able just to reopen the case with a motion to reopen instead of refiling the entire case. Please talk to a good attorney familiar with motions to reopen.

    Good Luck
    Shah Peerally

    Founder and Managing Attorney of Shah Peerally Law Group PC
    Law Firm Deals in Immigration law, Bankruptcy & Debt Relief


    Note: The above answer is provided for informational use only. One should not act or refrain to act solely based on the information provided. No attorney client relationship is created unless a retainer is signed by the attorney and the client.

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