Motion To Reopen Motion To Reconsider Marriage Green Card Denial

Рет қаралды 4,231

Жыл бұрын

Was your marriage green card denied by USCIS? But you think the government made a mistake or decided the case in an unfair manner. In this video, you'll find two options to help you challenge the government in such situations.
Many green card marriage denials occur because immigrants fail to respond to USCIS Requests For Evidence out of fear. Here is what you should know about RFEs: • USCIS Request For Evid... .
You can file a form I-290b motion to reopen or a form I-290b motion to reconsider the government's decision. In both instances, you are under a tight deadline, 30 days, to file the I-290b a notice of appeal or motion, and notify the government you intend to challenge their I-485 denial.
Under the former approach, filing to reopen adjustment of status applications requires that you demonstrate either that certain evidence was inavailable within the government's due date or changed circumstances have taken place which affects the factual background pertinent to your application.
Under the latter approach, a successful motion to reconsider, the key is legal in nature. Either the government has misinterpreted the law or has not properly applied the rules and regulations which determined the outcome of your application.
In this presentation, we share three examples how a motion to reopen immigration case denied arises and how defeat can be transformed into victory: (a) Spelling differences of name on various government documents, (b) Misreading of criminal records from courts, and (c) Changes in format used by foreign governments.:
In addition, we share three instances how a motion to reconsider immigration case denied arises
and again how these types of setbacks can be successfully challenged: (a) Physical separation of couples is not the same as a fraudulent marriage, (b) Old petitions can be used to qualify applicants for adjustment of status to permanent residence, and (c) Misinterpretation of common law statutes in other countries.
This video was produced by Carlos Batara, www.bataraimmigrationlaw.com
WANT MORE IMMIGRATION TIPS AND TIDBITS ON MARRIAGE GREEN CARDS?
See here: • Green Card Marriage - ...
DO YOU ALREDY HAVE A GREEN CARD INTERVIEW COMING UP?
If your green card through marriage interview is near, you do not want to miss out three-part series on possible interview questions you might be asked:
Part 1: • Your Green Card Marria...
Part 2: • Your Green Card Marria...
Part 3: • Your Green Card Marria...
HERE IS A FREE CHECKLIST FOR MARRIAGE GREEN CARD INTERVIEWS:
www.bataraimmigrationlaw.com/...
WHO ELSE, BESIDES A SPOUSE, CAN SPONSOR YOU FOR A GREEN CARD?
• What Family Members Ca...
SPECIAL ISSUES SOMETIMES ARISE IF THIS IS YOUR SECOND MARRIAGE, FORCING CLIENTS TO FILE MOTIONS TO REOPEN AND RECONSIDER:
What You Need To Know About Winning Permanent Residence Through Remarriage: • How To Win A Green Car...
MANY TIMES THE FAILURE TO RESPOND TO REQUESTS FOR EVIDENCES CAUSE THE GREEN CARD DENIAL:
What You Need To Know About Requests For Evidence:
• USCIS Request For Evid...
THE GOVERNMENT ALSO SOMETIMES MAKE A MISTAKE WITH THE GREEN CARD MARRIAGE PETIONS OF U.S CITIZENS WHO PASS AWAY WHILE THE CASE IS PENDING:
• I-130 Petition For Spo...
MOTIONS TO REOPEN AND RECONSIDER ARE NOT THE ONLY WAY TO FIGHT MARRIAGE PETITION DENIALS:
• USCIS Request For Evid...
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Пікірлер: 26

@BataraImmigrationLaw Жыл бұрын

Many green card marriage denials occur because immigrants fail to respond to USCIS Requests For Evidence out of fear. Here is what you should know about RFEs: kzfaq.info/get/bejne/mLCbgdxyspvJgWg.html

@juliete5449 10 ай бұрын

We summit our rfe to our lawyer to submit to the uscis a month to the due day. Rfe to our lawyer on the 3/20/2023 to submit before 4/21/ 2023. My husband and l were surprise to receive a letter from the mailbox that l-485 has been denied. My husband and l have been together for 16 years, married for 7 years .

@BataraImmigrationLaw 9 ай бұрын

I do not understand your question.

@alexwashington8007 7 ай бұрын

Wonderful video information ❤,we,be,in thatch thank you Sir ❤

@BataraImmigrationLaw Ай бұрын

Thank you.

@racheljenkins5469 10 ай бұрын

Thanks for the details. Do you know how long the BIA takes to respond to a motion to reopen once they receive the request?

@BataraImmigrationLaw 9 ай бұрын

I do not. Times vary from case to case.

@shandaprice3969 21 күн бұрын

Great video

@BataraImmigrationLaw 15 күн бұрын

Glad you enjoyed it. I hope it helps.

@gabrielfong Жыл бұрын

My I-485 was denied after sending RFE for medical i-693 requests, stating that "your response is insufficient because your Form I-693 was not in a sealed envelope from the Civil Surgeon. Additionally it appears that your Form I-693 is a photocopy. USCIS will only accept a Form I-693 in a sealed envelope containing the original Form I-693 that the civil surgeon signed with the medical results." I reached out to my Civil surgeon and he would not help with providing statement of letter saying document has been clearly sealed or similar supporting documents. I also consulted an immigration lawyer and he states that this is an odd case. The package was clearly sealed when I mailed it in and I know it is not a photocopy form as I fill the form too; however, I do not know exactly what is inside the package. In this case, should I proceed with motion to reconsider? Or what would you recommend? Thank you.

@BataraImmigrationLaw Жыл бұрын

I cannot respond without knowing more details. I would recommend if you are going the challenge the government that you contact a local lawyer.

@angelo6771 Жыл бұрын

ure great

@BataraImmigrationLaw Жыл бұрын

Thank you very much.

@kajikkkk 10 ай бұрын

My I485 was denied because I didn’t provide a medical exam…problem is I came here on K1 visa, had my exam in May and applied for AOS in October. So within a year. I had all my shots (mmr, covid, tdap, hepatitis b, varicella history, even got polio, etc.). To me it looks like no one ever looked for my previous exam. Is there a way to reopen the case and have uscis look for the folder I handed cbp when I arrived? Should I file motion to reopen or motion to reconsider? I am leaning more towards the second option but I am not sure. Thank you for your response

@BataraImmigrationLaw 9 ай бұрын

Perhaps. You should contact a lawyer in your local area to go over the specific information in your case.

@kajikkkk 9 ай бұрын

@@BataraImmigrationLaw I did, they were all pretty useless to be honest, told me it was all my fault and I need to reapply…motion to reopen was pointless they said…but in the end we contacted our congressman, he reopened the case and I got approved.

@abrahammerhay3237 Жыл бұрын

I -485 How about a denial on medical that not received thank you

@BataraImmigrationLaw Жыл бұрын

Nor received by whom? If you have proof you sent it to USCIS, on time, then a motion to challenge the decision may be appropriate.

@cristinagonzalez3616 Жыл бұрын

What If you don't know the reason your husband was found ineligible because during his interview in Ciudad Juarez they didn't let him know the blue paper he received only said he committed fraud or presented false representation to an immigration officer. But we responded to every question with what we know we are not sure what they mean by we committed fraud or lied.

@BataraImmigrationLaw Жыл бұрын

I think your husband will have a rough idea, if you ask him. There may be some incident or event in his immigration history before he met you.

@ahall6091 Жыл бұрын

My husband was refused his Green Card by the counselor officer stating "human smuggling" he was never charged of such crime and CBP has no records showing any documents at all after requesting a FOIA. We believe this is a false accusation. What do we do?

@BataraImmigrationLaw Жыл бұрын

I suggest you reach out to an attorney in your local area. There will be many, many questions that your husband will need to respond to.

@ahall6091 Жыл бұрын

@@BataraImmigrationLaw thank you for your response, we have already done that

@ahall6091 Жыл бұрын

@@BataraImmigrationLaw lawyer is telling us to go or write a letter to the embassy in which my husband had his interview to request reconsideration of this decision by the counselor officer...