My wife filled the following forms with USCIS (I-130, I-131, I-485 and I-765). The I-130 was approved. However, the I-485 was denied due to lack of evidence. Upon receiving the official letter of denial from USCIS it appears the when we submitted the supporting evidence for the I-485 we forgot to include a copy of my most recent tax documentation filed with the IRS (missing 1040 only, W-2s, letter of employment, etc. were submitted.)
My question is simple should we refile the I-485 and related documents (I-131 and I-765), or should we attempt to appeal using I-290B.
Under the I-290B option would that open only reopen the I-485 case or all related cases?
Thank you for your advice.
If you refile, it'll be processed by USCIS. If you appeal, it may be decided by an immigration judge. You should get an experienced immigration attorney involved. It is not a do-it-yourself project. In fact, it may be a good idea to get an immigration attorney involved right now!
You might find my Legal Guide helpful "How to Choose A Lawyer For You"
http://www.attorneyqna.com/legal-guides/ugc/how-to-cho...
You might find my Legal Guide helpful " What Do I Tell My Lawyer"
http://www.attorneyqna.com/legal-guides/ugc/what-do-i-...
You need a lawyer licensed in GA. Check with a lawyer in your locale to discuss more of the details.
Good luck to you.
God bless. I am in Chicago, IL.
NOTE: This answer is made available by the out-of-state lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney that practices in NH in the subject practice discipline and with whom you have an atttorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.
If you are within thirty days of the denial, you can file a Motion to Reopen with the CIS office having jurisdiction over your residence. If it is simply an issue of documenting the affidavit of support, this may be a more cost effective and efficient way of resolving the issue. If there are other issues in the filing, another strategy may be more appropriate. Please hire an attorney to ensure you are proceeding accordingly. Unless you are currently in non-immigrant status that permits dual intent, this denial could lead to removal proceedings.
