koushik ananthasayanam
Mar 17, 2024
I-485 Case Reopened after denial and EAD/AP travel query
My I-485 case got denied due to USCIS error where they claimed they requested a RFE which we never got on our end. The letter from USCIS mentioned that I-485 is denied and the EAD/AP will be invalid if the motion to re-appeal the case and supporting docs aren't sent within 18 days. We filed the motion to reopen the case quickly got the I-485 back to pending state in 2 months. The EAD and AP card is still valid and is with us.. We got the Motion to appeal case approval letter and the RFE for medicals along with it for the 485. We now have sent the medical RFE and I-485 is in reopened state. Am i still eligible to travel on my EAD/AP in this case ? Will they get reinstated automatically if the 485 is back to case reopened state. Please advice.
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blue luck Mar 18, 2024
@koushik ananthasayanam in my case, I was told by my lawyer that once your I-485 gets denied even though they reopened your case after submission of motion to reopen, previously issued EAD & AP will be revoked immediately and you will need to refile for new EAD & AP. Also, can I know what the Motion to Appeal case approval letter look like?
koushik ananthasayanamMar 18, 2024
Interesting since our lawyers say we can still use the old one. If i apply for another new EAD/AP, it will take another 8 months to get approval. MTR approval letter is like any other USCIS notice error which says your case has been reopened and they had requested for medical RFE to be sent immediately.
Bene JeanApr 5, 2024
Hello @Koushik, I am going thru the same thing. Yesterday my I485 was denied because my I130 was denied. When I call the USCIS they told me that my I130 was denied because I never responded to an RFE they sent since may 2023. I told them my husband and I never received such letter but they said the decision is final. I talked to my lawyer, they told me that I should redo a whole new application because filing a motion might take a lot of time and money. But I don’t want to redo everything because USCIS made the mistake, they said they sent me 2 letters for the RFE but the only thing I ever received from them was my notice of receipts and my EAD card. Can you please tell me about the steps that you took to get your case reopened? And how did you proof that you never received the RFE that they claimed they sent. I didn’t even receive a denial for my I130, I only knew because I saw the I485 denial. Kindly waiting for your response.
Opu IslamApr 15, 2024
Hi Bene, my wife’s I-485 also got denied. USCIS mentioned that our response to RFE was not convincing. but intereatingly she or her lawyer never received any RFE and so never responded. we don’t know what USCIS was referring to. Our lawyer applied I290B to reopen the case. he mentioned if it gets approved, she will be able to use her EAD card.
