Mothers 485 denied
HEllo
My mothers 485 was just denied due to non-availability of birth certificate. We are trying to get this from India however, we I think have about 30 days before removal proceedings start. I was thinking of refiling with her school leaving cert (that we got only now) and consular office birth certificate.
By filing we become removal proceedings stop and buys us some time to get the NABC.
IS anyone is similar situation. Your responses are appreciated.
Thanks
-rick
Reapplying after an I-485 denial, without having nonimmigrant status, will usually result in them just initiating removal proceedings and denying the new I-485.
What you need to do is get the birth certificate (not a NABC) and file a Motion to Reopen. Or leave the US before they initiate removal proceedings, and reapply with consular processing (i.e. no I-485), if she overstayed her visa by less than 180 days.
Go the MTR route. When did your mothers I-94 expire?
Cases like this validate my strong stand of always going the CP route. Due to lack of proper documents, your mother now is in a spot of bother. If her overstay is beyond 180 days, she is subject to a 3 year ban.
IS anyone is similar situation. Your responses are appreciated.
No she has not extended beyond 180 days. However now when she goes back, wont she be subject to a 3 year ban. I thought that being a close relative of s US citizen, she can stay. The only issue here is it is taking a little longer for us to get the Non-availability cert.