Legal Question in Immigration Law in Michigan

Intent to deny letter

Hello. My wife is a US citizen, we have been married for 3 years. After filing my I-130 and I-485 and going on 2 different interviews, we received an intent to deny on May 2007, (soon after the last interview we went to). Since then, I have renewed my Employment Authorization Card twice and I regularly check the status of my case at uscis.gov. It always says my case is still pending.

The immigration hasn't sent me anything else after the intent to deny. (Only my employment authorization card)

What should I do? Can I still withdraw my I-485 after so long?

Please give me some advice. Many thanks.


Asked on 11/29/08, 7:32 am

2 Answers from Attorneys

Marc Seguinot Seguinot & Associates, P.C.

Re: Intent to deny letter

You received a notice of intent to deny, but no denial letter, nor any notice to appear before the immigration court? You do not say why the USCIS "intends to deny" your case. Presuming your address remains the same as it was at your interviews, and your wife is still willing to petition for you, I would contact a GOOD immigration lawyer -- have him check your case. If your intent to deny is for the I-485, then he can find out if your wife's I-130 was approved. If neither the I-130 or the I-485 have been approved or denied yet, then he can find out which it will be. If there is no denial yet, nothing keeps you from refiling your petition and application again. This time, however, don't do anything until you are sitting with a Good immigration lawyer, okay. Find one through www.aila.org. Good luck!

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Answered on 11/29/08, 8:21 pm
Caridad Cardinale Pastor & Associates, P.C.

Re: Intent to deny letter

Why would you want to withdraw the I-485? Are you still married? Did you respond to the Notice of Intent to Deny? Please contact us.

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Answered on 11/29/08, 10:31 am


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