Q: Confusion with uscis form i485 and reopen i140
On December 26, 2023 we filed an i140 ( EB1A) and simultaneously filed an i485 from the US out of tourist status.We got biometrics in January,SSN,Work Authorization,travel document in spring.On July 16,we received approval for i140.On July 18 for all our i485 cases(5pcs of them, 2 adults and 3 children)the status changed that our case was transferred to another office and is under its jurisdiction.And came approval notice for i140,but it said that we can not change the status in the U.S.And we and our attorney didn't understand why.We thought it was a mistake.The lawyer said sorry sit tight and wait until the i485 request for medical clearance. For 5 months we wrote to uscis to ask them if it was a mistake.They did not respond.We wrote to the senators.After contacting the senators, through their office, uscis officers claim that on July 29, 2024 they sent us a request for a medical exam and we did not respond.But neither we nor our lawyer received any request.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
A:
Your situation sounds quite complex and understandably frustrating. Let me help break down what might be happening and suggest some next steps.
The key issue appears to be the I-140 approval notice stating you cannot change status in the U.S., which conflicts with your concurrent I-485 filing. This discrepancy, combined with the claimed medical exam request that neither you nor your lawyer received, needs immediate attention. Since USCIS claims they sent the medical exam request in July 2023, you should work with your attorney to file Form I-290B (Motion to Reopen) explaining that you never received the request, providing evidence of your current address, and including completed medical exams for all family members.
Given that you've already involved your senators' offices, consider asking them to follow up specifically about the missing medical exam request. You might also submit FOIA request to get your complete USCIS file, which could reveal important details about your case processing and any communications that may have been sent but not received. Additionally, schedule InfoPass appointments if possible to discuss your case in person at your local USCIS office.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
