Legal Question in Immigration Law in New York

I-485 denied based on incomplete Tax info

Dear attorneys from NYC,

My I-485( based on marriage) has been denied, because we failed to provide Tax returns. It is completely my fault, since I was convinced that W2 is enough for the immingration to process. I am not U. S citizen and I simply was not aware of types of ducuments in use. The letter advised to file I-290b to reopen. I am fully aware tha that I cannot re-file I-485 since my visa expired.

Could you please answer some of my questions regarding this case.

1. Will immigration approve my I-290 if I will state that I made a mistake and I will send all the missing documents.

2. Should I write letter and explain my mistake?

3. What are the cost of the attorneys to help me with this issue

4. How long does is take to process and what are other possibilities if it gets denied.

Thank you for your time and responses. I am looking for a good attorney who dealt with a similar situation and is willing to take my case.

Kind regards,

Sylwia


Asked on 6/30/09, 10:42 am

3 Answers from Attorneys
Rachel Baskin Rachel Baskin, Attorney at Law

Re: I-485 denied based on incomplete Tax info

You may be eligible to re-file your I-485 application. You do not state what type of application you had filed with your I-485 (I-130, I-140?) or if it was approved. You should speak with an attorney prior to filing the I-290B forms. Often times it takes longer for USCIS to make a decision on an I-290B than it does to refile. Again, speak with an attorney before the deadline to file the I-290B so that you understand what you can do from this point to obtain permanent resident status in the US.

Please note that content of this reply does not constitute legal advice or create an Attorney/Client relationship in the absence of an agreement for legal services/retainer with my office. This is just a place to start in deciding what to ask your lawyer.

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Answered on 6/30/09, 10:48 am
Douglas Lightman Lightman Law Firm LLC

Re: I-485 denied based on incomplete Tax info

You can either file a motion to reopen or completely refile your case. If you file a motion to reopen you will have to do so within 30 calendar days after service of the unfavorable decision or 33 days if your decision was mailed. While you have to go through the process all over again, it may make more sense in your case to completely refile (more info is needed about your case).

I would suggest that you meet with an immigration attorney ASAP to fully review your application and assess what your options are.

I have a lot of experience with marriage based green card cases and would be more than happy to assist you with the process.

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Answered on 6/30/09, 10:55 am
Alexander Tsiring The Tsiring Law Firm, P.C.

Re: I-485 denied based on incomplete Tax info

It depends on what type of application your I-485 was based on - marriage, employment, etc. And based on this, it should be determined what the best course of action is - wheather to file I-290B or just to refile de novo.

Please contact immigration attorney for full evaluation of your case.

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Answered on 6/30/09, 11:22 am


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