I485 Denied, Old Status not changed but I thought I abandon GC...

[Brenglen]

What is the name of your state? Michigan

Hi Guys,

Finally I have received a decison the I-485 and here what it is.

I-485: DENIED
I-130: APPROVED

Reason for Denial of the I-485: Apparently my status is still having a Green Card (I guess my mom susposed to file I-751 but she never did).


STORY: My Mother and I used to have a Green Card back in 1996 when sponsered by my mom's ex husband. The couple then got a divorce in 1999. In 2002, My mom and I then moved back to Canada cause of the Divorce. When My mom and I were moving we went into the U.S. Customs office and my mom told the Customs that were moving back to Canada cause of the divorce and what to do with the Green Cards, The Custom Officer requested only my mothers and not mine and then told us to come in now on as a "Visitor" and so we did. My mother then filled out a form (she and I don't remember what form it was) "Abandoment of Permented Residence" or something like that but she don't know if she filled one out for me or not. In 2001, we were mailed a letter to come to the 2nd Interview about our Permited residency but we didn't show up to the Appointment cause we were moving back to Canada in which on the Denial letter it clearly states that we didnt show.

Ever since then, We have came in as a Visitor when Visiting the U.S. but NEVER came in as a Green Card Holder ever since 2002. In 2004, My Mom got married to another American she then got banned from the U.S. for having Old mail in the car and suspected her as "Illegal Alien", I then was taken in by my step-father in May of 2006 and I then went ahead and filed I-485 and I-130 as my Step-Father is my current sponser.

I honestly thought that if you don't come into the U.S. as a Green Card holder for more then 180 days then its classified as "Abandon" your permented Residency. I mean don't get me wrong I have entered the U.S. many times as a Visitor with a simple Birth ID and Photo ID thats all. But never been questoned or received any thing about my past Green Card cases.

The Denial Notice came in today and it tells me that I can file a Motion to Reopen

Anyways I have no clue why I would get denied when infact I haven't entered the U.S. as a Green Card holder.

Lana can you advise me on what to do?

 

[Brenglen]

---**bump**---

 

[ImmigAttyLana]

I had already given you suggestions before about EXPLAINING your situation. Had you done that through an affidavit so that the USCIS would know what the circumstances were?

 

[Brenglen]

I had already given you suggestions before about EXPLAINING your situation. Had you done that through an affidavit so that the USCIS would know what the circumstances were?

Hi Lana,

I just received the Denial letter, they sent in April but was "lost in the mail".

anyways I have evidence to show that I lived in Canada and that I have affidavits (1 American Friend, 4 Canadian Family members, 1 Canadian Friend) that wrote a letter saying that I moved to Canada in 2002.

An officer tho from the Detroit Disrict office told me that not signing an I-751 or an I-407 is the big deal on all this, he thinks that will stand out on all this, but I am trying to figure this and correct me if I am wrong Lana but once a Green Card holder leaves the country for more then 180 Days and doesn't come back into the Country as a Green Card holder, doesn't that mean abandoment of Pemited Residency?

 

[ImmigAttyLana]

Not necessarily and not automatically in all cases.

 

[Brenglen]

Not necessarily and not automatically in all cases.

Thanks Lana, I think he was trying to scare me alittle or something but I have wrote a long letter, affdavits and Evidence in the package and ready to be sent today.