Legal Question in Immigration Law in New York
Green Card Denied because of wrong information
HI, After obtaining an O1 visa 2001, I submitted my Green Card Application I-485 in 2003. I was contacted by the USCIS in September, 2006 and told that I needed a Waiver. The Waiver was granted by USCIS on Jan. 23, 2007. I received a letter from USCIS dated Jan. 31, 2007 stating that my Green Card application was denied for 2 reasons: 1) that I was supposed to have had the Waiver before submitting the I-485 application in 2003 (is this true?). 2) That I did not currently have a Waiver. (untrue, as the waiver was granted 7 days before the letter). The letter also stated that regulations do not allow reopening my case and that I am now out of status.
How can I show them that I had the Waiver before they wrote their letter? How can I proceed?
And, I just got married to a US citizen, what are the best ways to proceed? Thank you very much!
2 Answers from Attorneys
Re: Green Card Denied because of wrong information
It may be possible to file a motion to reopen withing 30 days of the decision. A review of the actual decision and reasons for denial would be necessary in order to evaluate if the denial was USCIS error.
You should consult with an experienced immigration lawyer before proceeding.
Re: Green Card Denied because of wrong information
Your denial of adjustment of status (presumably based on an I-140 petition) cannot be evaluated without a full review of the facts, including the reason why you needed a waiver in the first place. However, you may possibly have a better chance with adjustment based on a I-130 to be filed by your US Citizen spouse, again depending on what caused you to lose eligibility and seek a waiver in the prior filing. Consult an immigration attorney for advice.
The above reply is in the nature of general information, is not legal advice and should not be relied on as such.
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