Has anyone heard of doing this????

[needhelpfast]

Resubmitting a new I485 application with a 601 waiver AFTER a I485 alone has been denied (in the states)?? I always thought that you had to file an appeal or a motion and a 601 for a 485 denial....

Someone today has suggested doing this, wanted to know what you all thought???

:curious:

Thanks!
NHF

[Cynthia]

It could be a refiling + I-601 instead of going the route of MTR/MTA and doing another looooooong wait. Either way, if I'm not mistaken, is doable. At least on I-601 that is. Example on I-601: It's not a must file the MTR/Appeal. One can do a refiling. It's just up to the filer which route to take.

I'm sure others will chime in soon with the I-485.

[Adriane]

Okay, I'm not an expert on this, but from a similar poster a few months back- if your I-485 application to adjust your status was denied, then it's because you didn't qualify to adjust (like for instance you had an EWI, etc.) So then, you'd have to file the I-601 to waive your excludability. But you wouldn't file them together because if you need to file the I-601 then you're automatically not eligible to adjust just with an I-485, Application to Register Permanent Residence or Adjust Status.

I know a lot of people married to EWIs, etc., filed I-485s because they didn't realize they were ineligible for them. The gov't will take your money- but then the application is denied because you can't adjust status if you didn't have it to begin with. Then they had to file the I-130, Petition for Alien Relative because at that point the alien has no status, since he or she is EWI, etc.

Does that make sense?

[pen1137]

from what i understand, it's doable, as sis said, but you still have to reckon with the inadmissability factor, as adriane said. i know your hubby's not ewi, but unless you get a different IO, you may be in the same (or worse) boat. have your hardships changed?, etc. i may have some more info i can offer-need to find it all again in my unorganized mess :innocent:, so it may be monday eve., but i'll do my best.

[needhelpfast]

Thanks Cynthia, Adriane and Pen,

My hubby's not EWI. We were denied for other reasons.

Can you guys elaborate on this? I guess I'm wondering what is the benefit of refiling the 485 if it will just be denied again? I was planning on pursuing the 601 with a motion now, but I'm getting other advice that says the refiled 485 will have "more weight" than just a motion and a 601.

Please explain...
NHF

[Cynthia]

Thanks, Sis! :)

http://www.uscis.gov/files/form/I-290B.pdf ~Unless they hv a new form again...~

You need to know that you only hv 30 days, counted the day it was denied, to file any MTR or Appeal. If you received your denial by mail, you hv 33 days to file it.

If you can gather up more infos FAST and adding more to your HSLs, that's great. It'll be totally "hectic", but still doable.

If you refile, at least that'll give you plenty of time to gather up more infos and make your HSL stronger. Still stressful (what else is new with immigration, right?.. :) ) but less stressful than MTR.

Looks like my Sis, (Pen) is looking up infos for ya. Hang in there... Pen1177 is going thru the same thing and still waiting... Hugs at ya, sis!!...

Btw, sis, I might still hv that example of letter you sent me. Is this the same thing that you'll be looking for?

[sillygiggle]

I agree-I would refile. That is what we did. After our initial denial, it took us about six months to get all of the paperwork we needed. Then for some reason the process went really fast. We refiled in May, got our interview in August, got denied again (we were prepared for this denial as he was inadmissible from past convictions), actually, the adjudicator didnt deny it right away, he said he was going to do some further review. We got a letter saying it was denied, but that we could apply for the waivers. They gave us 90 days to get the waivers together. We turned in our waiver Dec. 22 and got the approval/Welcome to the US letter Februay 13 or something. Good luck. it's a confusing process.

[pen1137]

sis, i already sent that to nhf (no need to look it up, but thanks!!!), now i'm trying to find all my correspondence with laurel---i'm not sure it will help at all, but guess it can't hurt.:)

nhf, btw, fees go up at the end of july, also; so from what silly says, i'm kinda leaning that way as well now that i think on it. do you have things ready - HSL- for a 601?

[needhelpfast]

First of all, I just wanted to say that I love you guys (girls), you are all awesome and I am so glad that this site is back up!!!!!!!!!!!!

Can I get a witness??:wave: LOL

To answer your question, nope, don't have the letter together yet, actually didn't even start it yet. I have been checking out the other postings for a while now because I had a feeling that i would be writing one soon.

Low and behold, looks like I will be. But from Silly gig (love her too) is saying, I won't need to submit it at the same time as the 485, so I will have some time to get it together, and will submit it after the 485 is denied.

This other person suggested filing everything all together, the 485, the 601 all at the same time and send it directly to the Chicago lock box. I don't even know what the "Chicago lock box" is!! LOL

Isn't this weird that we all have to become immigrations lawyers in a sense by knowing all the laws, exceptions, waivers, forms, yadaa, yadaa, yadaa?

I never planned to spend my summer vacation on a law expedition, but I guess we're all here in this together!!

I love everyone here, talk to you soon!

NHF:thumbup: