File a New I-485 While Appeal Pending

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“Can I file a new green card application while my appeal is on file?” Hi, I’m Jim Hacking, immigration lawyer practicing law throughout the United States at our office here in St. Louis, Missouri. Today’s question comes from Angie, she’s one of our YouTube viewers. She left us a comment and she asked us an interesting question, so I thought I’d make it into a video for you.

If your green card case is denied, and if it’s based on marriage, you sometimes will file an I-290B, which is a motion to reopen or reconsider. Now, in our experience, these cases are very frustrating and we don’t file many of these appeals under 290B. We’ve been suing them more and more for mistakes related to I-130 denials and things like that. But putting that to the side, because we’re not always talking about lawsuits, the question that Angie wants to know is, “If I filed the I-290B and it’s been taking two years, can I still go ahead and file a new green card application? And the answer to this question is yes.

A lot of times what we’ll do when people have filed a bad I-130 or a poorly documented I-130, a petition for an alien relative, or they haven’t submitted the right information on the green card, we will go ahead and tell them, “Forget the appeal, just file a whole new case.” So you can file a new green card application while the I-290B is on file. You may want to think about abandoning the I-290B, and it depends if the petitioner is a US citizen and what the circumstances are, but Angie, yes, you could file it. You probably wouldn’t want to let the I-290B stand on its own for too long, you probably want to withdraw it at some point. But there’s no rule that says you can’t file an I-485 if there’s been a prior denial and there’s a motion to reopen that’s been pending for two years.

So we hope that helps. We hope that if you have a case on file or if you’ve gotten a case denied, your best bet might be to just file a new application, so be sure to think about that. If you have questions about this, give us a call, (314) 961-8200. You can email us at info@hackinglawpractice.com. Be sure to join us in our Facebook group which is called Immigrant Home, and if you like this video, we ask that you please share it out on social so that you get updates whenever… And then to get updates whenever we make videos like this one, be sure to subscribe to our YouTube channel. Thanks a lot, have a great day.

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