R MK
Mar 20, 2021
I-290b motion to reopen
Hi everyone, anyone had any experience with filing i290b motion for reopen/reconsideration for denied i-485?
Here’s the background
I filed an exceptional situation petition i-130 for my mother while we were in korea due to my husband’s order to work in a military base here in US. My mother was in my husband’s order. On the day of the immigration visa interview, after we paid for the visa, my mom was issued a 221g they requested for another document which was from our home country to be sent through the korean courier with her passport to obtain the immigrant visa.
The document requested was on it’s way to us from our home country however we didn’t have enough tome to send it to the US embassy. We had to fly to US because of my husband’s report to duty date and my mother used her B2 visa to enter US. We emailed the US consular in Korea to transfer the case here to USCIS. Called USCIS and applied for i485,131 & 765 for AOS.
I-765 & 131 were approved and we received the EAD card. However after interview i-485 was denied uscis stated that my mother was not eligible for aos because they said her i-130 was refused in US embassy. Before we received the denial letter the US embassy consular in korea emailed us that her case is still open on their end and once USCIS contact them then they will transfer the case. The problem is it’s uscis fault that they did not retrieve the petition file from US embassy and they denied my mom’s i-485. We had the option to file MTR and we sent it through USPS express priority March 12, but till now no news. I am a US Citizen petitioning my mom.
Any body in the same situation? Any advice is greatly appreciated. Thank you for taking your time reading my post
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Ma leeApr 12, 2021
Hello,
my case I entirely different from yours but I know two people who filed form I-290B and USCIS reconsidered the the decision. In one case the fault was the applicant the other was USCIS. I believe as long as you submit a statement fully explaining what happened and include the right documents they should reconsider. Also file for a motion to reconsider and open. I hope this helps.
This is my personal experience not legal advice.
R MKApr 12, 2021
@Ma lee
rhank you so much for your reply. i really hope they will reopen and reconsider, cuz we provided them and included the missing document for the US embassy when we filed for the aos. They just didn’t contact the embassy to obtain the petition approved case and the embassy is just waiting so they can transfer. We got the i290b receipt but it’s at NBC Harrisonburg Storage Center, it’s my first time to hear this place though. Hopefully it will all be good
Riza DunhamApr 19, 2021
we just filed 40 days ago USCIS denied us bcos of blurry paper
R MKApr 19, 2021
@Riza Dunham
I hope we’ll both get some good news soon, ours has been 35 days from the receipt and at NBC right now
Riza DunhamApr 20, 2021
Can we call or update them after 60 days?
R MKApr 20, 2021
@Riza Dunham
maybe you can contact a senator and explain what happened, I did and she followed up about our case to get a receipt cuz I was worried they might say it’s not within 33 days. However, from the receipt date she said let them know if I don’t receive any update after 60 days and they’re gonna follow up again. Why was yours denied if you don’t mind me asking?
Riza DunhamApr 20, 2021
ah so we can call them after 60 days. I see. They rejected our RFE documents because we sent a one piece of blurry paper stating that it’s not readable. so that’s too unfair they don’t even check the hardcopy of the documents. Just one piece of paper they denied us
Riza DunhamApr 20, 2021
that’s unfavorable! we sent complete documents and certified documents but still they don’t look what’s in our case
R MKApr 20, 2021
@Riza Dunham
yes it’s so unfair, now if the process for motion will take a long time I don’t know if we should refile while the decision for i290b is pending. Problem is money is tight right now to pay all the fees again to refile everything, this is so stressful
Riza DunhamApr 20, 2021
we paid 110$ to appeal now it’s stating in our case of I290-B was they just received it. we will wait for another 30 days. after that I think we gonna call them or else we will refile. Its just we wasted money for the application lots of money like certified papers. arggg! We’ve been also long distance of my husband for 6 years now
ead 4evaAug 3, 2021
what did your mom say when she entered the US using a B2? Using a B2 to enter the US while i-130 has already been approved is unwise. Preconceived intent/misrep issue
R MKAug 23, 2021
@Riza Dunham
did you refile?
R MKAug 23, 2021
@ead 4eva
she wasn’t asked any question when we came here to US with her. Prior to flying to US, we informed the US embassy thet we’re gonna transfer the case here. So we called the USCIS and they said file for adjustment of status but they didn’t request the approved petition filed from the US embassy in South Korea
Riza DunhamAug 23, 2021
@R MK no, we filed an appeal or motion of reconsider it’s been 4 months since we appealed. it’s frustrating
ead 4evaAug 23, 2021
@ R MK did the CBP agents ask her questions about her intended length of stay and purpose of her visit when she got in?
R MKAug 23, 2021
@ead 4eva
they didn’t ask her anything but if they did we have her documents ready and she is on the list as a dependent on my husband’s orders to work in a military base
ead 4evaAug 23, 2021
@R MK I think you should be fine. You’re on the right track. But you need to double check it with your lawyer
R MKAug 23, 2021
@ead 4eva
we are doing the process ethically, the USCIS needs to do their job properly 😒
ead 4evaAug 23, 2021
@ R MK just send a letter to the ombudsman if uscis is not doing its job properly
ead 4evaAug 23, 2021
R MKAug 24, 2021
@ead 4eva
thank you
bless EmmaApr 2, 2022
guys I have they same 1 290b case file motion to reopen since August 2021 they mail me letter say they receive my appeal &incase they need biometric they will mail also I send Renew of my ead June 2021 and 23 days ago I get update they close my form because beneficiary receive status true other means I don’t know what it mean I stress out so it’s being 8 months & yesterday I receive letter that’s they receive my appeal and transfer my case to they chief officer at federal plaza ny & incase I need to make inquiry I should mail them
