Can I re-apply for I-130 & I-485 if both were denied because of failure to show for interview? - Immigration Law Questions and Answers-

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Can I re-apply for I-130 & I-485 if both were denied because of failure to show for interview?

I have overstayed about 18 months on a VWP from Canada. My husband and I were married 3 months after the VWP expired, and later applied for adjustment of status. Both the I-130 and I-485 were denied when we missed our interview. Full story: We had to cancel our first interview because of a move. After notifying USCIS of our address change, they failed to update it throughout their system, and booked us an interview in the same place again-sending notice to our old address (which had since stopped forwarding). We didn't know about the interview, so it appeared to them we had abandoned our application. Both the I-130 and I-485 were denied without option to appeal. We were allowed to file a Motion but because USCIS refused to see this as a clerical error there was no way for the motion to be approved (and we didn't want to lose another $1000). I'm finally ready to re-apply, but after re-reading my denial letters I'm worried that my second application will be trashed. Technically I am in unlawful status, and the letter says that I am "not authorized to remain in the United States and should make arrangements to depart as soon as possible." It goes on to say that "failure to depart may result in your being found ineligible for immigration benefits and inadmissible to the United States in the future [section 212(a)(9)(B) of the INA]." How do I know if I am ineligible for immigration benefits now? I can't afford to lose another $2000 in application costs/fees, but I need to re-apply asap. As far as I know I haven't been ordered to be removed from the USA, but then again how would I know if they keep sending mail to an address I told them was incorrect 9 months ago? I'm ready to send my application today, but I can't risk the money. I would love some help!

Answer By Mengjun Qiu
The Law Offices of Kristy Qiu
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Yes you can re-file.

Answer Applies to: Florida
Replied: 11/24/2014

Richard S. Kolomejec, Attorney at Law
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You can apply again. Just need to pay the $1490 fee.

Answer Applies to: California
Replied: 11/24/2014

Answer By Bruce Coane
Coane and Associates
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If a citizen of Canada is in the USA, married to a USA citizen, has overstayed and has had 130/485 denied for no-show, then, yes, if otherwise eligible, they can simply re-submit all the forms and re-apply.

Answer Applies to: Texas
Replied: 11/24/2014

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