Sassy A
Feb 10, 2022
What is the normal process to reopen I-485 of a dependent after primary beneficiary was granted GC by Immigration judge?
My spouse case was administratively closed with USCIS due to me being in removal proceedings without us knowing. To make the story short, my green card finally got approved by the immigration judge 3 years later then I provided court order to USCIS who adjudicated my application and sent me my green card last year within a month of submitting court order. At my appointment at the USCIS local office I told the agent about my spouse case that was administratively closed and made a request to reopen it. She took my spouse documents as requested such as I-485 receipt and the National Benefits center letter transfer and stated we will hear from them within 30days.
Then later, our attorney sent a motion to reopen because he said a written one would be better. It’s been 9 painful months since both verbal and written request was made, there have been no updates on the case other than a name update that was done about 2 weeks after attorney’s motion to reopen was sent.
Lately, we had two different discussions with USCIS via the chat and we were told that they had not received anything nor any motion to reopen for the case since after it was administratively closed.
The attorney is convinced that there is nothing we can do otherwise to wait while we believe we can’t wait for ever when per the USCIS there has be no motion to reopen reception.
1-What do you guys think we should do? 2-What would be the normal process to have my spouse case reopened and processed?
3-Should we send another motion to reopen?
4-Where do you think we should send it if yes (Local office, National Benefit Center, Lee Summit office)
5-Do you guys think both cases should have been adjudicated at the merit hearing when the judge granted my green card?
6- Or should the attorney have asked DHS to reopen the case that day?
7-Do you think the attorney missed something?
We are desperate, spouse EAD renewal application is pending since June 2021. 180 day extension will end the last day of this month. Expedited processing request denied. Our service center processing time is about 13.5months for EAD pending i485 c9. Which mean spouse might be out of work for at least 6months or so, will loose job. Severe financial hardship is seen now in a near future.
Thanks in advance for any insights.
Total Days: 243 days
Case
2023-01-20
2023-09-20
I-134A
243 Days
National Benefits Center: I-134A
Timeline Map
2023-01-20
I-134A
Submission to USCIS
2023-09-20
I-134A
D+243
Decision (Approval or Denial)
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Sal SalFeb 10, 2022
sorry to hear about this, ask you speak to tier2 officer. why were you in removal proceedings? how didn’t you know?
Sassy AFeb 10, 2022
Hi Jude Love,
It’s a long story. It happened that I applied for asylum over 11years ago. And I didn’t pursue with the next step when uscis didn’t approve it because my lawyer encouraged me to continue with for some other provisions that I was eligible for. I remember she only told me not to worry because that asylum case was all done. I had just came in to this country at that time and trusted that attorney too much to not ask more. Then years later when my EB AOS case was administratively closed with USCIS, I had to do an FOIA to grasp what exactly happened. It took me time but I got it now settled and got my green card early last year. The issue now is my spouse who is stuck with this.
We made many SR trying to find out what’s going on without success. We are waiting to talk to tier 2 for the last 2 weeks. They haven’t called back yet.
Sal SalFeb 10, 2022
oh I see, I believe they will call you back. it took them 4 weeks to call me back. once her case is reopened it would be adjudicated very quickly. please don’t lose hope, she will be fine. just keep calling them and emphasize how urgent it is. quick question does ur immigration case A number same as ur current A number? thanks
Sassy AFeb 10, 2022
I was so curious about that too Jude Love.. And yes whatever A-number you have now is the permanent one.
I’m waiting for them to call us, but my issue is the fact that we don’t know what to do to request for the reopening. USCIS denied receiving any motion to reopen and the attorney just want to wait. There is no way, I beleive, it will take 9+ months before USCIS can attest reception of a document. Don’t you think it’s weird? The worst is the attorney refused to act on it and just want to wait. If USCIS said they had received it and that it was still within processing time, I would be ok with that. But they don’t have it. So we can wait indefinitely and nothing will happen.
my b my bFeb 10, 2022
Get a new lawyer. your lawyer going to mess up ur case. it can never take USCIS 9 month to reopen the case ur lawyer was trying to mess u guys up. get a good lawyer.
Sassy AFeb 10, 2022
Thanks for your input Mr Boo boo. That is what we think but it’s so hard to believe since that attorney took us so far with some great advices only him gave us until getting my green card. Do you have any good attorney you can refer?
my b my bFeb 10, 2022
you have to look at your city and there reviews. most lawyer are after your money only . only few are ready to work.
Sal SalFeb 10, 2022
@sassy wait until you speak to a uscis tier 2 officer before making that choice
Sassy AFeb 10, 2022
Thank you @jude and @MrBooBoo
bless EmmaApr 14, 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 & 2 week 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
