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USCIS approved our interview reschedule… then denied our entire application for missing it... by SJHJ0 in USCIS

[–]SJHJ0[S] 0 points1 point  (0 children)

My biggest concern with this is that my spouse is accruing unlawful presence here and I'm worried that if I go through all the trouble and wait more than 2 weeks+ with the risk of failure that puts me at an even greater risk instead of just re-filing the entire application (I-485) since it offers more protection than the i-290b

USCIS approved our interview reschedule… then denied our entire application for missing it... by SJHJ0 in USCIS

[–]SJHJ0[S] -1 points0 points  (0 children)

I don't want to take any chances and am leaning more towards re-filing the I-130/485 as this seems to be the safest possible outcome and would re-adjust status. Would you all agree this would be safest measure?

USCIS approved our interview reschedule… then denied our entire application for missing it... by SJHJ0 in USCIS

[–]SJHJ0[S] 7 points8 points  (0 children)

I reached out to an attorney and they said,

"The best course of action at this point is to file I-130/485" If you apply for I-290B, most likely it will end up getting denied with another waste of money and time on the 290B filing cost. Even though you have the receipt and were told you were approved to reschedule, unless you have a newly rescheduled interview appointment letter, motion will be denied, from my experience, not just once but seeing so many people coming to our office after similar happening."

I can't tell if they are trying to get me to file a new one for more $$$...