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kiki Chen
Mar 15, 2025
I-485 Denied in 2020, but VAWA Approved in 2024 – What Are My Options?
Hi everyone, I really need advice on my case. My VAWA was approved in July 2024, and my attorney told me that I could continue with my I-485 (originally filed in 2019) had not been updated since 2019. My attorney said they had notified USCIS about my VAWA approval and requested them to continue processing my I-485, so they advised me to wait. However, after months of no updates, I contacted my congressional representative, and today they informed me that USCIS actually denied my I-485 back in June 2020. I was never notified about this before, and I’m extremely frustrated because if I hadn’t reached out, I would still be waiting without knowing that my I-485 was no longer valid. I have already requested USCIS to resend the official denial notice, but I know it may take time. In the meantime, I’m trying to figure out my options , Any advice or similar experiences would be greatly appreciated. Thank you!
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bridges 5Mar 15, 2025
refile another I-485 with your Vawa receipt and medical but make sure the information you have on the new i-485 is the same as the denied I-485. Did you file I-130 before you filed Vawa? if you did they must have been denied after your I-130 was withdrawn or denied. You can download the denied copy letter to see the reason for denial from your USCIS account but that’s if your denied I-485 was filed concurrently with I-130 before you filed I-360. Otherwise you can just wait to receive the denied letter from them, so you know why it was denied before filing another I-485.
God didMar 15, 2025
call them and schedule info pass, go dere with your i290b and also you new i485 new form .
Charlaprince princelachar Mar 15, 2025
These two @bridges 5 and @God did have give the best combo answer…
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kiki ChenMar 15, 2025
@bridges 5 My previous I-485 was filed concurrently with the I-130 before I submitted my VAWA petition. I have already requested the denial notice from USCIS, but they said it will take about a month to receive it. I have also contacted my lawyer to ask about this matter, and she said she will get back to me on Monday.
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Justina EmmanuelMar 15, 2025
my dear file a new i485, don’t wake the sleeping dog for this regime of issuing NTA. File a brand new i485 and a new i693 attached.
bridges 5Mar 15, 2025
@kiki Chen go to your USCIS account, when you log in scroll down to your I-485 which would say “case closed”, check underneath it and you will see a sections tab and under the section tab is case status, click on it and some other tabs will appear then click on documents, your USCIS notices will appear and underneath it will be your denied notice. You then click on the notice and download the denied notice which you never received.
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kiki ChenMar 15, 2025
@bridges 5 My case status has not been updated on the USCIS website. It still shows ‘Interview Was Scheduled’ on October 22, 2019, and there is no ‘Case Closed’ status
bridges 5Mar 15, 2025
@kiki Chen do you have your own copy of the I-485 you filed back then? if you do, pls file another one with the new improved form I -485 that the I-693 attached and submit with your approved Vawa immediately. Send it via UPS with a tracking number so you know when they got it. Also make sure your details are in other as the first one except the changes in your marital status. Good thing is that with your approved Vawa you are in status but pls file it immediately.
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kiki ChenMar 15, 2025
@bridges 5 Thank you for always answering my questions. I don’t have a copy of my previous I-485, only the case number. You mentioned that the information should remain consistent except for my marital status—does that mean my address should also stay the same? I may not remember every detail I originally filled out 100%. Additionally, I have a few questions: 1. Do I need to wait until I receive the denial notice before submitting a new I-485? 2. My VAWA was approved in New York—can I move to California and hire a new lawyer to file my new I-485? 3. After submitting the new I-485, can I get married while it is pending?
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Davis John Mar 15, 2025
😰
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Muhammad E.Mar 15, 2025
you could FOIA USCIS and take it to a new attorney to guide you through this process. I-485 for VAWA is free, so it may be faster to file a new one
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kiki ChenMar 16, 2025
@Muhammad E. thankyou , Can FOIA retrieve the contents of my original I-485 application? Also, when looking for a new attorney, is it better to go to a nonprofit organization or hire a private attorney?
bridges 5Mar 16, 2025
@kiki Chen your old lawyer can still refile another I-485 since he knows your case except you don’t have confidence in him then you can get another lawyer who first who have to do an assessment of your case and foia request then submit your new I-485. You can move to wherever you want to move to but you have 10 days to update your address change with USCIS. And lastly don’t get married until your Green card is approved and your card is in your hand. You have come this far to mess it up with any technicality from this administration. When I mean consistent it does not involve your address. The consistency should be in your bio information, visa type etc. If your marital status is changed like being single or divorced you must state it etc but pls don’t get married yet.
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kiki ChenMar 16, 2025
@bridges 5 The lawyer who filed my old I-485 was the same one who handled my I-130. My VAWA case, however, was later handled by NYLAG attorneys, so I’m not sure if they fully understand my current I-485 status. They keep persuading me to wait for the old I-485, even when I raise concerns. As for remarriage, I saw this on the USCIS website: “Remarriage after the Form I-360 has been approved will not affect the validity of the petition.” That’s why I’m confused about whether getting married would impact my case.
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D HMar 16, 2025
@kiki Chen Go to the Adriano office at 125 street they can help you or you can hire marina shapelsky lawyer she’s good
tired from waitinggMar 16, 2025
i think people here already helped you out but I have question you never got ead or ap based on that 485 ?
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Muhammad E.Mar 16, 2025
@kiki Chen FOIA retrieves all forms you submitted. I tried private lawyers, and they let me down. I used a nonprofit to submit my I-360 and received prima facie within 45 days of submission. When it was time to submit I-485, I used another non-profit, and I got my receipt notice in 3 weeks.
bridges 5Mar 16, 2025
@kiki Chen We are not in normal times with this administration and you should know that. I have given you a candid advise about the marriage issue. You have survived all these period of your Vawa process so what’s so urgent now that you want to get married when you can wait to receive your GC then proceed with that aspect of your life (marrying). Secondly do a FOIA request it will take about 30 days for your I-130 and I-485 to be processed so you can see the completed paperwork your lawyer submitted. From my understanding you never got a copy of your previous I-485 from your previous lawyer. While you do the FOIA from USCIS you can as well reach out to your previous lawyer to get your copy of I-485 which was suppose to be given to you then for your own record purpose. You need it because if you are one of those that will be scheduled for an interview for adjustment of status, you will be interviewed based on information contained in your i-485, so in a way it’s a good thing you have to file another one because it would be bad if you were called for an interview based on your denied I-485 and you contradict the information contained in it.
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kiki ChenMar 16, 2025
@bridges 5 Thank you for your advice!I understand what you mean. I have just submitted a FOIA request to obtain my previous I-485 documents. As for my former lawyer, he never provided me with any copies of the documents, and since it has been 8 years—my I-485 was filed in 2018—I have also lost contact with him. Now, if I need to reapply for I-485, should I continue working with the current nonprofit lawyer who helped me with my VAWA application? I’m not sure if they have thoroughly looked into my I-485 situation because when I previously asked whether my I-485 was still under review, they just told me I was being too impatient and asked me to wait. Would it be better to stick with them or find another nonprofit lawyer?
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kiki ChenMar 16, 2025
@Muhammad E. You mind if I ask why you switched to a different nonprofit lawyer for your I-485 instead of using the same one who handled your I-360? I’m currently struggling with the same dilemma—whether I should stick with my current nonprofit lawyer or find another one.
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kiki ChenMar 16, 2025
@tired from waitingg I did receive an EAD, but I never received an AP.
bridges 5Mar 16, 2025
@ Kiki Chen it is unethical to use the same lawyer who filed your marriage based petition to do your vawa. Any lawyer who filed your marriage based petition and does your Vawa should know it’s wrong and they are crossing some grey areas which will pose a problem for you and them.
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kiki ChenMar 16, 2025
@Muhammad E. Thank you! I just submitted a FOIA request to USCIS to retrieve my old I-485 documents. I’m not sure how long it will take to get them. Do I need to wait until I receive the old I-485 before I can fill out a new I-485?
bridges 5Mar 16, 2025
@kiki Chen If your Vawa is already approved you can contact another lawyer to file the adjustment of status for you but be on the look out for certain signs. By that I mean if they don’t tell you they will need to do a FIOA request on your old I-485 before they file a new one, walk away.
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kiki ChenMar 16, 2025
@bridges 5 Thank you! My VAWA was approved 8 months ago, and I just submitted the FOIA request yesterday, I will wait until Monday to hear from the NYLAG lawyer, who previously advised me to wait regarding my old I-485, to see what they have to say.I’ll also reach out to other nonprofit lawyers to see if they can take my case. My thoughts are much clearer now—really appreciate your help!
tired from waitinggMar 16, 2025
@kiki Chen here is the thing if you received that ead after june 2020 there is no way your 485 is denied when did you receive your latest ead? cuz if you gettin ead based on 485 marriage case which category c09 your 485 is not denied they can not give you ead based on 485 if it is denied
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kiki ChenMar 17, 2025
@tired from waitingg the C09 EAD card was issued shortly after I submitted I485 application in 2018, and I haven’t received anything else from the I485 since then.
tired from waitinggMar 17, 2025
@kiki Chen oh okay got it okay then it can be denied because I have 485 from marriage case back in 2020 and still using it for ead and ap
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kiki ChenMar 17, 2025
@tired from waitingg Yes, but I never thought about that. I should have realized it earlier. That way, I wouldn’t have wasted eight months waiting for an I-485 that had already been denied after my VAWA was approved. Since the USCIS website wasn’t updated and my lawyer told me it wasn’t denied but just on hold, I assumed it was still pending
tired from waitinggMar 17, 2025
@kiki Chen to be honest i wouldn’t even know mine is denied or active either but i keep gettin ead do most likely active im sorry that’s bad 8 months i been waiting mine 360 for over 4 years so i know how you feel
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kiki ChenMar 17, 2025
@tired from waitingg I just realized an important detail that I previously overlooked—I reviewed my past EAD card and found that I actually received a C09 EAD card in 2022. If my I-485 was denied in 2020, how could I have received a C09 EAD card? Why is there a contradiction between this and the information from USCIS that the congressional office forwarded to me, stating that my I-485 was denied?
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kiki ChenMar 17, 2025
@bridges 5 I contacted my lawyer, and they insist that my I-485 was not denied because they never received a denial notice, and there is no record of a denial online. However, I just realized an important detail that I previously overlooked—I received a C09 EAD card in 2022. If my I-485 was denied in 2020, how was it possible for me to receive a C09 EAD card?
tired from waitinggMar 17, 2025
@kiki Chen see that’s what I am talking about it did not denied back in 2020 because it is not possible to get c09 ead based on 485 , your 485 is 100 percent active not denied
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Muhammad E.Mar 17, 2025
@kiki Chen In my situation, I wasn't eligible to file concurrently for AOS with I-360. I was in removal, and I had a private removal defense attorney working on my case. when the case was dismissed, the nonprofit filed my I-360 was short-staffed, and I found another one offering to help.
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kiki ChenMar 17, 2025
@tired from waitingg Why did the congressional office forward a response from USCIS stating that my I-485 application was denied on June 1, 2020, and that a denial notice was sent via mail to the applicant’s address of record? The notice also instructed me to go to www.uscis.gov/e-request to request a copy of the denial notice. It further mentioned that if I had moved, I should go to www.uscis.gov/addresschange to update USCIS with my new mailing address.
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kiki ChenMar 17, 2025
@tired from waitingg Omg , but I already request for the denied notice copy , and request for the FIOA
bridges 5Mar 17, 2025
@kiki Chen So what’s showing on your USCIS account as regards your I-485 status?
bridges 5Mar 17, 2025
@kiki Chen who informed you of the denial in the first place?
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kiki ChenMar 17, 2025
@bridges 5 The last update on my USCIS account shows that on October 22, 2019, they scheduled an interview for my Form I-485, Application to Register Permanent Residence or Adjust Status.
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kiki ChenMar 18, 2025
@bridges 5 I found the district congresswoman responsible for Brooklyn based on the address and reached out to inquire about my I-485 status. Nicole Malliotakis’ office then contacted USCIS on my behalf. I was only asking for help in expediting the process, but they forwarded me USCIS’s response, which stated that my I-485 was denied on June 1, 2020.
bridges 5Mar 18, 2025
@kiki Chen So it wasn’t denied because of it was it will be on your USCIS account. As for what the representative at your Congress woman’s office told you, they probably got you mixed up with someone else’s inquiry. So I suggest you sit tight and wait to hear from USCIS. When you receive your FOIA request package study it and get prepared just in case they call you for an interview because if they do question would come from there.
tired from waitinggMar 18, 2025
@kiki Chen that’s crazy it might be uscis making mistake saying its denied because I really dont think you could get your ead based on denied 485
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kiki ChenMar 18, 2025
@bridges 5 I have requested the denial notice from USCIS and also submitted a FOIA request. If I-485 was not denied, would these actions have any negative impact? My attorney advised me to stop making any requests on my own from now on, as it might confuse USCIS
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kiki ChenMar 18, 2025
@tired from waitingg I think so too because I was still able to apply for a C09 EAD renewal in September 2024, and it’s still pending. So I really don’t understand why USCIS says my case was denied. I also submitted a request for a copy of the denial notice
bridges 5Mar 18, 2025
@kiki Chen it’s will not jeopardize anything. If he had given you a copy of your I-485 you won’t have need to make the request and if he had done the follow up for you, there would be no need for you to be stressed seeking ways to mend your situation. Henceforth only go by what you see on your USCIS account. Since you requested a denial notice from USCIS, if they have not denied it, they would respond that’s it’s under review or still processing. Did you initially file an I-130 before Vawa? if you did I guess what they thought you said when you made the inquiry was for your I-130 which in the first place after filing Vawa it would be denied leaving your I-360 to proceee processing.
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kiki ChenMar 18, 2025
@bridges 5 The lawyer who previously helped me file my I-485 never provided me with a copy, or perhaps I lost it. I originally submitted I-485 with an I-130, What you said makes sense, but since I provided my I-485 case number when inquiring, could it still be linked to the I-130 ?
bridges 5Mar 18, 2025
@kiki Chen your I-485 is linked to your i-130 as your adjustment of status has no grounds to stand without your I-130 and more so as you filed both cases concurrently. So without your I-130 you cannot qualify to adjustment your status. Does that make sense? Secondly if you were called for your I-130 or I-485 interview as the case may be and your abuse was something that gave you a big reason to reconsider continue your marriage, it is always advisable to applicants to go in for their interview and communicate the change and intentions to file for Vawa requesting to set aside your i-485 adjudication process until after your Vawa approval. In such case, your I-130 would be denied leaving your I-485 to show “pending review”. So it’s either they got your I-130 mixed up with your I-360 like I mentioned before. Also note that your I-360 is always under a “protective seal” that the process status cannot be reveal to anyone except you the petitioner or your lawyer. And inquiry on it must be in writing, showing your signature and a copy of an informational letter sent to you by USCIS to always attach when making such inquiry.
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kiki ChenMar 18, 2025
@bridges 5 I get the connection between the I-130 and I-485 now. I never had an interview for either one. When I filed for VAWA, my lawyer told me she sent a letter to USCIS asking them to put my I-485 on hold. Now that we know the denial USCIS mentioned was probably for my I-130, it seems like this might just be a mix-up. Should I bring this up with my lawyer? I don’t think they really considered the I-130 connection or the fact that my EAD is still being renewed. They also didn’t explain much to me—just said my I-485 is open and that they would look into it and get back to me. So maybe I don’t need to say anything for now?
bridges 5Mar 18, 2025
@kiki Chen Your lawyers should know this already because when they sent that letter, rightfully USCIS would deny your marriage petition I-130 and when it’s denied they would send them a notice of denial for the I-130. They ought to explain the process to you. However now that you brought them up, who then filed your I-360 petition and did your personal statement? If they are the same lawyers who worked on your I-360 as well as your I-130 that is a conflict of interest as they being lawyers who filed your first marriage case are lawyers to your spouse as the contractual agreement they have is to your spouse for filing the i-130 which is the basis for which you I-485 has a ground stand. Most people don’t know this which always end up with issues for them along the line. I am not a lawyer but this process has thought me a great deal starting with a legal representative and proceeding to continue on my own personally working on my paper work.
bridges 5Mar 18, 2025
@kiki Chen now if your work permit is expired or about to expire and you didn’t indicate to be given a work authorization, while you wait for your adjustment of status to be adjudicated as your Vawa is approved, I will suggest you put in for a C09 work authorization using your adjustment of status I-485 receipt.
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kiki ChenMar 18, 2025
@bridges 5 Thanks for explaining! My current lawyer didn’t file my I-130 and I-485, they only helped with the I-360 and sent a letter to USCIS to continue processing my I-485. I was a bit confused before about why they asked me to renew the C09 work permit after I got the VAWA C31 work permit, but now I get it after your explanation.
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kiki ChenMar 18, 2025
@bridges 5 So since my I-485 hasn’t been denied, but my VAWA was approved on July 12, 2024, and the update on my I-485 online is still stuck at the 2019 interview notice, I’ve been waiting for 8 months now. How much longer should I expect to wait for this?
bridges 5Mar 18, 2025
@kiki Chen there is no time frame. when they get to you if they don’t need you to come in for an interview they will ask you to submit medical by sending you an RFE or if they need an interview they will transfer your i-485 to your local processing office for them to continue that process.
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kiki ChenMar 18, 2025
@bridges 5 Got it, I understand now. So I don’t need to do anything and just wait for the I-485 update. Thanks a lot for always keeping me updated! I’ve also learned quite a bit through all this
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kiki ChenMar 18, 2025
@bridges 5 Oh my god, my lawyer just told me that they believe the congressman was right—my I-485 was actually denied. But since they weren’t the ones who handled my I-485, they have no way to verify it for sure. So now, they’ve decided to refile a new I-485 for me. I asked them why I was still able to get my C09 EAD, and they said they had no idea. They’ve sent multiple inquiries to USCIS, but never got a response. They believe USCIS has been ignoring this issue and that both my I-485 and I-130 were denied together. They said there’s nothing they can do to fix my current I-485, so to avoid unnecessary waiting, they’ve decided to just file a new one
bridges 5Mar 18, 2025
@kiki Chen some local USCIS office would deny and not hold I-485 in abeyance while others may. I had that issue when I requested that mine be held and I was told they can’t since the filing precede my Vawa filing. They asked me to refile another one based on my Vawa and also a travel document and work authorization. Then they requested that after I file another I-485, I should write to withdraw my old I-485 which I did. So I would suggest you ask your lawyer to refile another C09 work authorization for you because by them denying your old I-485 your work authorization would no longer be valid.
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kiki ChenMar 18, 2025
@bridges 5 I asked my lawyer what would happen to my old I-485 if I submit a new one, and she said USCIS might ask them to write a letter explaining the situation. But I don’t understand why 8 months ago they said my I-485 was fine, and now they’re believing what the congressman said, even though they can’t confirm if my I-485 was denied. 8 months were wasted, and now they’re saying I can continue using my C31 EAD card.
bridges 5Mar 18, 2025
@kiki Chen your C31 work authorization is not attached to your i-485 since you have that all you need do is renew that and you don't need your i-485 for that but you need to submit your new i-485 to get your 10 year green card. Just know that all things are working out for you despite the delay.
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kiki ChenMar 19, 2025
@bridges 5 What about my old I-485? I’ve already requested the denial notice,but what if it turns out my case was never actually denied? but I have no idea if or when USCIS will get back to me
bridges 5Mar 19, 2025
@kiki Chen Since you said your lawyer is filing another one. just leave it to your lawyer to handle and always check uscis site for update more.
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kiki ChenMar 26, 2025
@tired from waitingg Hey, just want to update —the USCIS Tier 2 officer called me to confirm that my I-485 was denied on 06/01/2020. They couldn’t explain why I was still able to receive the C09 work permit since the case was closed. They don’t have the authority to check further
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kiki ChenMar 26, 2025
@bridges 5 Hey, just want to update —the USCIS Tier 2 officer called me to confirm that my I-485 was denied on 06/01/2020. They couldn’t explain why I was still able to receive the C09 work permit since the case was closed. They don’t have the authority to check further
bridges 5Mar 27, 2025
@kiki Chen Thanks for the heads up, I really appreciate keeping me in the loop but Pls file another I-485 immediately with a C09 and C31 EAD since you already have your Vawa approved. Your current EAD is no longer valid since it was denied.
tired from waitinggMar 27, 2025
@kiki Chen that’s wild you are getting work permit based on 485 like me but it is denied so weird but i guess you gotta fill up new 485

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