I have filed my greencard and got interview call, i couldnt attend interview because i was moved to another state. I have tried very hard to reschedule my interview, but then denied my case based on that I didnt show up at interview.
In the notice they asked me to file 290B for motion, how much time does it take to process? should i reapply because my student visa is expiring in two months or file 290b .. which one will be faster? Also can i word with the EAD card they sent with my notice?
As a general rule that hardly ever fails with USCIS it is cheaper, faster and more efficient to reapply than to lose time and money to appeal and/or MTR. In your situation, however. you may have a good shot at your AOS case being reopened based on provable extenuating circumstances. Work directly with a competment and experienced attorney to decide.
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.
Generally speaking, if a person can demonstrate that they requested rescheduling, many offices would agree to reopen the application, but some would not. A motion to reopen has not set amount of time to adjudicate, and it could be anywhere from a few weeks to many months. Student visas do not expire, but rather students are admitted to the US for duration of status. Filing a motion to reopen often will allow a person to continue to request EAD's however USCIS has been inconsistent in how they treat this situation.
The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.
Assuming it was the adjustment application that was denied not the visa petition, and you currently remain in valid nonimmigrant status, you will protect your eligibility to adjust status by re applying. You would be well served to discuss your situation directly with an immigration attorney before your opportunity for adjustment ends.
Attorney Robert Brown's (former INS Director, 1972-99) reply to your question is general in nature, and does not constitute legal advice as all facts are known to him. For specific advice or representation you should retain an attorney experienced in immigration law. Mr. Brown's reply on AVVO does not create an attorney/client relationship not constitute legal advice.
If you moved to another state, your new interview should be at the Field Office with jurisdiction over the area where you now reside. Did you file a Change of Address with USCIS? If not, you're required to, so you should go ahead and do that. Your EAD is valid unless your denial letter has canceled it. There are specific criteria you must follow to file a motion to reconsider. In your case, it may make more sense to file an entirely new AOS application. However, I would encourage you to discuss this matter privately with an attorney to determine the best course of action specific to your individual circumstances.
Answers provided by Ksenia Maiorova, Esq. on Avvo.com are of a general nature and do not constitute legal advice.
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