Immigration Issues/motion to reopen

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we had two emergencies that need addressing as a result of his unemployment, our home is about to go into foreclosure and my husband has cancer and needs medical attention.  we have sought assistance from our congresspersons office and believe we will find resolve.  what do you think?

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-----Question-----
my husband and i filed a motion to reopen a case denied because additional evidence was required.  the additional evidence included tax records from his co-sponsor.  Unfortunately, his co-sponsor was on active duty in Iraq and we could not contact him.  the case was denied in December 2005.  miraculously, his sponsor returned to Iraq in enough time for us to file a motion to reopen.  included in that motion was a letter from his sponsor for non compliance and his military orders (call to active duty).  We told uscis we had everything and please reconsider.  to date we have only received a receipt number but no decision.  is this common. what could possibly be going on?
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Looking back now, it would have been easier supplying a different co-sponsor when you saw you could not get the documents on time from the person in the military. Motions to Reopen take a long time. Whats worse is that they will not renew the work card while the Motion is pending. It would have also been easier to re-file when the case was denied. The filing fees are a bit more than the Motion but you can get a work card. Now your choice is either to wait for the Motion or refile. If you choose to wait, I would make infopass appts every 30 days to check on the status of the Motion.

Regards,

Robert

Answer
I realize money appears to be an issue, but you could guarantee getting him a work card within about 3 months if you refile now. It may be a waste if the Motion to Reopen is granted in th meantime, but if the Motion is nor decided for awhile he can not get work permit without refiling. Congresspersons are usually effective and you seem to have a worthy case but you never know how long things will take with Immigration.

Good luck to you!!

Robert

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Robert Hollander<B> Esq.</B>

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