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Expert James
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 12304
Experience:  Write FOR JAMES to get my help!
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My wife (US citizen) and I applied for permanent residence.

Customer Question

Hello,My wife (US citizen) and I applied for permanent residence. Our application was denied, so we did a motion to reopen. That motion was also denied. We aren't sure what to do now. Our two year anniversary is coming up in November, so our plan was to apply for the ten year green card. What are all the applications that we need to fill out, and how much does our income need to be?
Submitted: 3 months ago.
Category: Immigration Law
Expert:  Legal Eagle replied 3 months ago.

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating so all that means is that you can count on me to help today. I'm sorry to hear about your situation. Although your motion to reopen was denied, you may want to try a motion to reconsider. According to the USCIS, “A motion to reconsider must establish that the AAO based its decision on an incorrect application of law or policy, and that the decision was incorrect based on the evidence in the record of proceedings at the time of the decision. The AAO will not consider new facts or evidence in a motion to reconsider.” So, this one is a little bit more tricky because it requires you to understand the law on the policy a little bit better. I'd recommend perhaps hiring an attorney for this situation. To get started on the application for your 10-year green card, you should click here. You must show that your household income is equal to or higher than 125% of the U.S. poverty level for your household size.

Follow up questions are free, so please feel free to ask away. You can also click here in the future to request me individually. If you don’t have any additional questions, were you satisfied with my service today?

Expert:  Expert James replied 3 months ago.

Hello! Thank you for using Just Answer. My name is***** am a new Expert and I have over 12 years of immigration experience.

During this conversation, you may receive an automatic phone call offer. I do not send that offer, the system does. Feel free to accept it if you would like to talk on the phone. Otherwise, we can continue here.

Please give me some time to consider your question.

Expert:  Expert James replied 3 months ago.

I am a little confused about the timeline. On what basis would you have filed for the 10-year card if you were not yet a permanent resident?

And on what basis was the case denied?

Customer: replied 3 months ago.
We were told that if we have been married for over two years that we can apply for the green card. Over the past two years we have been in the process of applying for permanent residency. In that time we moved from idaho to florida. The immigration office scheduled an interview for us however we did not receive a letter in the mail, therefore we did not attend, and shorty after our case was denied. They have sent us mail to our current address, but we did not receive the interview date. Are we eligible to apply for the green card if our previous was denied?
Expert:  Expert James replied 3 months ago.
Thank you for your patience. Your answer is below. When you see the option to rate, please do so with a positive rating of 4 or 5 stars. Otherwise, I do not get credit for doing my job. Don't worry, you can still ask related follow-up questions even after you've given a rating. Thank you!ANSWER: Thank you. First, a green card is proof that you are a permanent resident. They are the same thing. So when you say get a green card and apply for permanent residence, it's the same thing.In terms of the two years, you don't have to be married for two years to become a permanent resident. You can apply as soon as you are married to a US citizen. When the green card is approved, and you are married less than three years, you get a conditional permanent resident status. After two years of being a conditional permanent resident, you are elgigiblento become a permanent resident and get your 10-year permanent resident card. So that is the background for this.Now, as for your case, whenever you change your address, you are required to notify the USCIS within 10 days using AR-11. Not doing so does not result in anything, but not doing so gives you no basis for an argument in your favor should there be a mailing issue.Now for the important part of your question. Because this was simply an administrative issue, and not a denial due to ineligibility, you can reapply for Adjustment of Status without issue related to your previously denied application.I hope that answers your question. Please remember to click on a rating at the top of your screen and hit the submit button - 4 or 5 stars are appreciated.A BONUS is also appreciated if you feel I've earned one today. And remember, you can still ask follow-up questions if you need to.If you want to talk on the phone, I am available to do that for an additional fee.And if you have new questions in the future, you should write FOR JAMES in the question. That way, I become your personal Professional.Thank you!
Customer: replied 3 months ago.
We have been married for two years, and our application was denied. What can we do now?
Expert:  Expert James replied 3 months ago.

Kindly remember that in order for me to get credit for doing my job, you have to go to the top of this page and click on 4 or 5 stars. Thank you!

ANSWER: I'm sorry, I'm not clear about where the confusion lies. You can just reapply, as I mentioned in my answer, above.

I hope that answers your question. Please remember to click on a rating at the top of your screen and hit the submit button - 4 or 5 stars are appreciated.

A BONUS is also appreciated if you feel I've earned one today. And remember, you can still ask follow-up questions if you need to.

If you want to talk on the phone, I am available to do that for an additional fee.

And if you have new questions in the future, you should write FOR JAMES in the question. That way, I become your personal Professional.

Thank you!

Expert:  Expert James replied 2 months ago.

Hi, I’m just checking in to see how things are going. I see you have reviewed my answer but the question is still open and no credit has been given. Do you require additional assistance? Please let me know. Thank you!

Customer: replied 2 months ago.
Because your answer didn't help us that much. Although we have been married for almost two years, during that time our case has been pending, until just recently being denied. We were told that if we have been married for two years, not been a permanent resident for two years, that we would be eligible for the 10 year green card. Now, we are not sure if, since the case was denied, and our motion to reopen was also denied (and the fact that motion to reconsider was not granted) we need to send an additional application to close the old case, or if it is implied with the denial.
Thank you
Expert:  Expert James replied 2 months ago.
I'm sorry you feel that way. As you might imagine, I don't have the capability to know what you want unless you ask for it specifically. So for example, this is the first mention of how to close the old case. Until now, I did not know that you wanted to know that information because you never asked me that question.To answer your new question, no, you do not send in an additional document or application the close the old case. The case is automatically closed with the denial of both the application and the Motion to Recomsider. Just go ahead and resubmit a new I-485 now with a copy of the I-130 approval notice and all supporting documentation. Make sure you have the current mailing address on the form and on file with the USCIS.I hope that answers your question. Please remember to click on a rating at the top of your screen and hit the submit button - 4 or 5 stars are appreciated. This is how I get credit for doing my job.
Expert:  Expert James replied 2 months ago.

Hi, I’m just checking in to see how things are going. I see you have reviewed my answer but the question is still open and no credit has been given. Do you require additional assistance? Please let me know. Thank you!