Procedure for appealing denial of I-485 by USCIS, R1 and R2 visa

Asked almost 6 years ago - San Jose, CA

My family came in on a R1 and R2 visa. We applied for the i-485. We were told that we did not need to keep a valid work permit once that was pending. We have done everything but the interview and received notification that we were denied with no appeal due to not having a current work permit. Is there anything we can do?

Attorney answers (1)

  1. Hassan Hussein Elkhalil

    Contributor Level 15

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    Lawyer agrees

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    Answered . Your were told wrong. Anytime you file for I-485,at the same time you should apply for the work authorization if you wish to work in the U.S. Most likely your I-485 was denied, among other things, because you woeked without authorization.

    As a first steo, what you can do is to send the USCIS a letter to reconsider your application. if that does not work, you will need to refile your I-485 with the I-765. Keep in mind even if you file for your work authorization this time, that does not erase the past unauthorized employment. This time you will need to file a waiver with your application.

    All the best.

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