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View Full Version : Please advise how to resolve I-485 Case Status Discrepancy : Denied or Case Pending


B_K_R
08-10-2009, 08:00 PM
I had received an RFE for medical and other items which was due for response by 30 days from date of RFE. The Civil surgeon decided he needed to administer Varicella shots which needed to made 30 days apart. Ofcourse we did not know the RFE reason until the letter reached us 5 days from date of RFE, and the blood work that doctor ordered took another 3 days. So all in all I could not send the entire package within 30 days. I sent everything other than medical, and a letter from the Civil surgeon explaning the delay in sending the I-693, a letter from me siting the time line and stating the medical will be send ASAP.

I completed the second shot and posted the medical paper work on Day 38. Next monday I received an denial notice in mail stating that since my medical paperwork was not received my case has been denied. This notice was date July 14th. I hurried over to USCIS website, where the status as of July 16th the had received requested information and case processing has resumed. I then called the 1-800-*** number and they had the automated message as Case processing is resumed. I then hoped through the numerous options and got to speak with a CSR and she too mentioned that the case is not in denied status and said I did not need to do anything about the notice as the notice was dated older than the current status update.


Fast forward 3 weeks and we received a denial on my Wife's I-485 stating that my I-485 is denied, hence hers is being denied. We then again checked the 3 avenues that are available to get status : Online, Automated Phone, USCIS Customer service and confirmed that the status is pending and not denied. However today we took an infopass and the IO said that their internal "Mainframe" screens show status as still denied and hence they cannot do anything.

Upon our insistance the supervisor did further investigation by calling the service center and they found that there is some short of service request attached to my case to consider it for being reopened. Interstingly I never filed one (as I was told I did not have to do anything).

Could some one advise how to correct the "Mainframe" status...

I am guessing I would need to file a I-290b. Could some one advise what category should I chose. Appeal , Motion to Reconsider or Motion to Reopen

martinvisalaw
08-11-2009, 06:10 PM
At this point, you should hire a lawyer to file the Motion/Appeal for you. This is not a DIY procedure. You filed the RFE response late, so CIS was not in error in denying the 485. Ideally, you would have requested an extension of time before the 30 days was up, not just disregarded that deadline as it appears.

CIS might have decided to reopen the 485 denial on its own motion, which is possible. However, I would definitely file your own motion anyway, to be safe. You MUST comply with the timing deadline for filing a motion.