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Can I re-file I485 without an official rejection letter for the previous I485 application?

Yorktown Heights, NY |

I filed I485 for my Dad. He interviewed last April and the officer said he rejected the I485 because my Dad did not use advance parole to enter US (he used his valid visa to enter into US). We have not received a rejection letter for I485. And it's been a year since the interview. We do not want to wait indefinitely for the rejection letter to start the new application. The question is, can I refile I485 without the rejection letter for the previous I485 application?

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Attorney answers 4

Best Answer

Hi hope you are well. Yes, you could refile a new I-485 while the other one is pending and before it is adjudicated. Good luck!


You can refile. Use an attorney this time, will save you money on a long run.

NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.


You can refile.

You should retain an experienced immigration lawyer to review all the facts, advise you, and handle the case. You can find one through

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.


Yes, you can. However, you would do yourself a favor if you retained the services of an experienced Immigration Attorney.

Law Offices of J Thomas Smith J.D., Ph.D 11500 Northwest Freeway, Suite 280 Houston, TX 77092 713-LAWYER-2 NOTE: Responses are for the education of the community at large and is not intended to be "legal advice." No attorney-client relationship is established by responses or comments.

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