Motion to Reopen/Reconsider would be the best choice

來源: howdy 於 2006-09-15 22:58:06 [] [舊帖] [給我悄悄話] 閱讀數 : (1079 bytes)
本文內容已被 [ howdy ] 在 2006-09-16 20:01:24 編輯過。如有問題，請報告版主或論壇管理刪除.

No appeal does not mean that you could not file a MOR. you have 30days from the date on the denial notice to file it (33 days if denial notice was mailed).

For any MOR (Reopen or Reconsider), there must be either new facts (motion to reopen) or error on application or interpretation of law by the USCIS (Motion to reconsider). Genearlly, attorney would likely use Motion to Reopen/Reconsider as the Motion title.

Ur approved 485 or GC is a new fact not available before. It proves her eligibility to receive a GC. It also proves that you did not withdraw ur 485. It was hard to id any legal error made by the USCIS on the info you provided.

MOR would be the best choice. It would be an easy MOR and highly likely you would get her case reopened based on the info you provided here. However, "easy" means for those who do MOR for a living.

U must include anything which would help ur case in the MOR. (485, 140, 485 approval notice, USCIS's denial letter etc). and the fee 2 cents advised.

Disclaimer: FYI, not a legal advice.

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