Legal Question in Immigration Law in California

Re: Motion to reopen or refile 130 and 485?

Your matter is complex and you should get an attorney. If you are located in Orange, San Diego or Imperial Counties, you can email me your contact info, so we can discuss your particular situation. There is no charge for consultation.

Re: Motion to reopen or refile 130 and 485?

That cannot be answered until you disclose the reason for the denial of the I-130 and I-485. Some reasons for denial can be fixed more easily than others and sometimes an MTR is best but other times it's not worth it and re-filing is best. It's best you consult with an experienced immigration attorney.

Larry L. Doan, Esq.

(Straight-talk on Immigration Law at www.GuruImmigration.com)

Re: Motion to reopen or refile 130 and 485?

It really depends on whether it affects any of your rights. If you entered the U.S. legally or qualify for 245(i), it wouldn't hurt to file an MTR. I've been successful in this type of MTR. They take quite a long time, but they're cheaper to do than refiling, however, I recommend an MTR be prepared by counsel who knows what's necessary to include and what is not. Otherwise, you could easily be wasting your time.

But if you didn't enter legally or don't qualify for 245(i), you would accrue unlawful presence that could affect the outcome of your case. In that circumstance you shouldn't file an MTR.

I would be happy to help you figure out the best way to go and am available to represent you if you contact me offline. Check me out at http://www.yardum-hunter.com or email me at [email protected].

Alice M. Yardum-Hunter, Attorney at Law, Certified Specialist, Immigration & Nationality Law, State Bar of CA, Bd. of Legal Specialization

ST: 15915 Ventura Blvd., Penthouse #1, Encino, CA 91436

EM: [email protected] WEB: http://www.yardum-hunter.com

A �Super Lawyer� 2004 � 2009, Los Angeles Magazine