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H4 Nunc Pro Tunc Approved, but USCIS still denies the I-485.

East Brunswick, NJ |
Filed under: Immigrant visas

Hi,
I would appreciate any reply to my questions:
My wife was out of status and eventually USCIS denied the I-485 and sent NTA, our lawyer got the H4 NPT approved after 2 tries until the I-485 was applied,
We had a court date and the attorney got 2 months' extension and they applied for MTR based on the approved H4, USCIS denied the MTR and just mention in the letter that "The Service finds that, technically, you do not meet any of the requirements for a motion to reopen to be granted."
I don't know what the technical reason may be, and I do not know what to do now, Attorney who will go with us to the court, he says not to worry, but I don't know whats going to happen in the court.
I would appreciate any answer/reply to my questions about the options available to us.
Thank you,

Attorney Answers 1

Posted

Just to clarify: the I-485 itself was denied because they said her status lapsed, and the NPT H-4 approvals were to retroactively fix her status so that she would now be eligible to adjust, right?

If this is the situation, I think your lawyer is right not to worry. The denial of the Motion to Reopen may havve been wrong, but it only means they won't look at the old I-485 again.

In court, the judge will look to see if relief (a solution giving your wife status) is available. She does - a new I-485 based on your approved immigrant visa as a [now] follow-to-join spouse (assuming visa numbers haven't retrogressed for your case and her I-485 can still be approved now)..

If my understanding of the case is right, this should be OK.

Good luck!.

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