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Immigration Issues/Family Based I 485 Denied

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Question
Hello,

Applied or I 130 in March 2008 with the affidavit of support, my tax returns for 3 years and W2s and the application is still pending as of today August 20 2008.

Then we applied for I 485 in April 2008 and did not re-send the affidavit of support since we had already sent it with the I 130. Got an RFE in May to send in the Affedavit of Support and Tax returns and W2s which we did immedeately. Now I have a denial notice for my I 485 saying that I have not sent the W2s which is not true. The letter says that I can do a notice to reopen the case. And also says that I need to do this in 30 days.

Could you please help me in this. I just got the letter on 12 August 2008. I am a little surprised that they denied the 485 based on this. They could have sent another RFE. I am confused what to do...Please help !

Thanks in advance.

Regards,
Archana

Answer
Archana,
If you have provided all the information during the response to the RFE, then you need to file for a motion to reopen and state that you had provided the documents. As a side you can also state that the I-130 has not been adjudicated as yet for them to make a decision on the I-485.

But if you have not provided the documents they had requested on the RFE and did so only for the I-130 then your motion to reopen will be denied. The I-130 and the I-485 are different applications.

They do not send more than 1 RFE.

Sincerely,
Ramasamy Krishnan
www.ashleykrishnan.com

Immigration Issues

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Ramasamy Krishnan

Expertise

Immigration particularly business immigration and National Interest Waivers.

Experience

I have over 7 years of experience in all facets of immigration law. Specifically focusing on filing of National Interest Waivers (NIW), Alien of Extraordinary Ability and Outstanding Researchers/Professors petitions for Ph.D's and other advanced degree professionals. I have also assisted clients in numerous PERM, H-1b, L and other nonimmigrant visa applications. I am a partner at the law firm Ashley & Krishnan, www.ashleykrishnan.com

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