Hello, My form I-485 was denied because decision letter states my spouse/petitioner withdrew the case. The fact is petitioner didn't do it. We applied form 290b to reopen and reconsider the decision 2 months ago but didn't get response yet. Please tell me 1) what is processing time for form 290b; and 2) could I apply to renew my work permit as it is gonna be expired soon; 3) if they reopen the case would they again call us for another interview?
You can check the USCIS website regarding estimated processing times for the I-290B. If you are certain that your spouse did not withdraw from the application, then you could also consider doing an Infopass appointment at your local USCIS office and explaining the problem. I suggest that you work with an immigration attorney on this issue to have the best chance of success.
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1. You can check with the USCIS processing times for I-290Bs, but Appeal/MTR could take 6-9 months sometimes, and each case/situation is unique.
2. Unfortunately not. Having an appeal/MTR in process after the denial of I-485 AOS does not give you the right to file for another work permit application. Kindly note that your current EAD has been "cancelled" by operation of law on the day your I-485 was denied.
3. Most likely yes.
If it is correct that your spouse did not in fact withdraw the I-130 and/or I-864 then you don't lose anything by scheduling an INFOPASS appointment at your USCIS district office and explain it to them. You don't unfortunately stand any chance in this unless work with a competent and experienced immigration lawyer.
Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
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