My husbands I 485 papers were denied. Is it wise to file the I 290 b or should we just start all over?

Question

My husbands I 485 papers were denied. Is it wise to file the I 290 b or should we just start all over?

Answer 1

get a lawyer. It's worth the money

Answer 2

First, you need to find out why the papers were denied and if there is a way to fix it and you may have to start over from the beginning.  When my husband filed his papers he was not denied but his lawyer received notices from immigration saying what other forms and documents they needed on him before they would approve his papers.  If you haven't talked to an immigration lawyer about this I would recommend that you do because they can help with the paper work and see what needs to be done.

Answer 3

The purpose of Form I-290 is to notify USCIS that you are filing a motion to reopen or reconsider a USCIS decision or appealing an adverse decision regarding your case. If you feel that you have a strong argument as to why your case should be looked at again, then file the I-290.

Although there is no appeal to the denial of an application for adjustment of status, it may be possible to file a Motion to Reopen and Reconsider the decision.

A motion to reconsider is designed for foreign nationals to make a formal request to the decision maker to reconsider the decision rendered on an immigration petition, application or relief in immigration proceedings.

A motion to reopen is designed for foreign nationals to make a formal request to the decision maker to reopen their immigration matter, and the request is made based upon additional evidence or information that was not available at the time of original decision.

If you feel you can win, then it's a wise decision.