Tuesday, January 04, 2005

I-485 denied due to abandonment?

The issue:
I filed for an I-485 (Adjustment of Status) about 2 years ago. On Aug 12 2004, BCIS sent me a request for evidence of some sort, which I never got. In mid Nov, I happened to check my case status online and noticed that the case status said they had sent me something. I called the BCIS help desk and they said they did not know what kind of info the request was asking for (they didn't have access to such details) but they would re-send the request. On Dec 21 2004, I got a letter stating that my I-485 was denied due to a lack of response on my end.

It is possible that BCIS sent the request to an old address of mine. However, I have managed to receive other notices from them (eg my fingerprint notice and this letter of denial) just fine, which seems to indicate that they have a current address. Also, I have mail forwarding on all my previous addresses.

I have 30 days to appeal the decision, or else I'm out of the country. Great huh?

For now, my immediate future in the capable hands of Stacey Gartland from Van Der Hout, Brigagliano, & Nightingale LLP. Who knows where I'll be in 1 or 3 or 6 months?

4 comments:

Derek L. said...

Hey angel, email me and I can tell you what happened in more detail. My email is at the bottom of this page.

Anonymous said...

Hello, all. I share in your sentiments. The USCIS screwed up my app, lost the W2s, and ultimately my 485 was rejected. I am going to refile now.

QUESTION:
Does anyone know what my wife (she's the beneficiary) needs to do in terms of maintaining her status?

She came here as F1, we married, she got the work permit, began work. Last week, bad news. I immediately filed to reopen, but will withdraw this and refile.

Sucks to lose the $$, but timewise, I understand it will save about 6 mos., and that's a hell of a long time.

Let me know what you've seen, and what youthink about this idea.

Thanks and best regards and luck to all!

NYC

Derek L. said...

Hey guys, I can only tell you what happened for me. I'm no lawyer and definitely no expert on immigration law.

Basically, I managed to get my case reopened. Took about 1 month to file with the USCIS to reopen the case. With the help of my lawyer, and a re-submission of a bunch of docs, I managed to get my case reopened after 1+ months.

My 485 was finally approved in March.

My advice to anyone who is in a similar situation is to SEE A LAWYER IMMEDIATELY! You're under a 30 day time constraint. You don't have time to mess around.

Anonymous said...

Hi all, I am in a similar situation. Derek your email is no where to be seen. I applied for the extension of my ead in Sep, they replied in Nov with a denial.. Reason: MY 485 was deniled in AUGUSt 06.
I did not receive INTENT to DENY as well as the DENIAL letters!!!!
My lawyers and local congressman are still working on it. Derek what eactly was done. email me at tejash_n@yahoo.com
Thanks
Tej