How long it takes to re-open a case?

Asked 12 months ago - Niceville, FL

after the uscis did a big mistake to deny my I 485 , they denied it because they said I left the country but I didn't!! so I ask a lawyer to continue my case and reopen it (not motion to reopen)... and till now its 5 month and I didn't hear from them ....
is it normal or should I change the lawyer?

Attorney answers (4)

  1. Jeffrey Adam Devore

    Contributor Level 20

    4

    Lawyers agree

    Answered . What you are saying is somewhat confusing. If USCIS erroneously denied your I-485 then you would need to file a motion to reopen or, if the circumstances permit, refile a new application. It is unclear what you mean by "continue my case" since there would be nothing to continue if it was denied.

    Processing times for motions to reopen can vary widely. Your attorney should be able to explain to you. If you are not satisfied with your attorney then consult with another experienced immigration attorney to obtain a second opintion.

    While this answer is provided by a Florida Bar Certified Expert in Immigration and Nationality Law, it is for... more
  2. Angela Teide Moore

    Contributor Level 13

    3

    Lawyers agree

    Answered . Depending on the circumstances, it may take some investigating. Talk to your attorney for updates on your case. If you are not satisfied, you can seek a second opinion from another attorney.

  3. Shahzad Ahmed

    Contributor Level 14

    1

    Lawyer agrees

    Answered . Hello. The motions to reopen do take a long long time, unfortunately. You may want to consider either pursuing the motion further by following up or filing a new I-485. A decision to be made with your attorney. Best regards.

  4. Lynne Rogers Feldman

    Contributor Level 18

    2

    Lawyers agree

    Answered . There is no normal with a Motion to Reopen. If the documents submitted clearly show the error, then I would not expect it to take that long. If USCIS now has two sets of conflicting assertions, it is not so clear to make a decision quickly. If you are not happy with your attorney then absolutely you should at least get a second opinion and then decide whether to change attorneys.

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