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I 485 Denied because failed to submit a birth certificate, please help! Refile or Motion to reopen or Motion to reconsider?

Hackensack, NJ |

I have received a denied notice from uscis today stating that my mom's case I485 is denied because the letterhead of the Royal Consulate in New York does not meet the criteria of secondary evidence of BC. There is no appeal of this decision. They said if we believe the law was inappropriately applied, or the analysis in reaching the decision was inconsistent with the information provided, we may file motion to reopen/consider.

Now, I don't know which way is the best. Since many ppl said MTR waste time and money. As I really want to move my mom case quickly in order for her to visit country in Nov this year.

Also, last question, which way is go though the same person who handle the case?

Looking for forward to hearing from you.

Many thanks

One more thing, we never received the notice from uscis requesting a Birth Certificate before the interview. Or even the notice to inform us that the letter of the Royal Consulate does not meet the criteria. How sad....

Attorney Answers 3

Posted

You should have received a notice of intent to deny and request for evidence prior to denial. Without knowing whether this happened or not, and if not, why, and without reviewing the papers submitted it is impossible to answer your question. Set up a consultation to review the papers and discuss these issues.

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2 comments

Asker

Posted

Dear Eric, Thank you for your answer. I have received the notice from them only asking to submit Affidavit of Support not BC.

Eric M. Mark

Eric M. Mark

Posted

It is impossible to give any advice without seeing the paperwork submitted and received. You should have learned by now that this is not a process you should undergo without a lawyer.

Posted

Clearly you originally decided not to hire an attorney .... for whatever reason.

Now is the time for you to re-think that decision. You need professional assistance.

By the way, I hate to be the bearer of bad news ... she won't be able to visit 'country' (I assume you mean her home country) in November ... it will take longer than that to sort things out.

PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship.

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Asker

Posted

Dear F.J. Capriotti, Thank you for your answer, meaning that from your experiences, even I take action to MTR, my mom won't get the result within 2 months? I might decide to re file new package along with I131, what do you think?

F. J. Capriotti III

F. J. Capriotti III

Posted

No ... that is not what I said. I am serious ... hire an attorney. Do NOT file the I-131 ... unless she wants to spend several years back home while you re-do the entire process.

F. J. Capriotti III

F. J. Capriotti III

Posted

What I meant by not filing the I-131 is that it will probably be denied. And, even if issued ... she will probably be denied re-entry to the US .there is a big disclaimer on the Advance Parole which states that they do not guarantee that, even if issued, the person will be allowed into the US. Hire an attorney ... at least for a consultation ... many of us use Skype for this service.

Posted

Without reviewing all the correspondence you received and the denial decision from the USCIS, a proper legal response can not be given. There should be more than what you stated.

If you believe that the person who prepared your documents is not competent and as a result of this person's actions or inactions your mom's case was denied then you should look for another professional on your side, and by the way you do need professional help at this stage.

As to your wish to physically reconnect with your mom in the US within the next two to three months, unfortunately it won't work under the stated circumstances as these matters take much more than two or three months.

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