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Old 28th March 2007, 10:09 PM
Brenglen Brenglen is offline
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Join Date: Jun 2006
Posts: 245
I-130 Approved...I-485 Denied....

Hi guys,

well it's official, My I-485 was denied today and well I received an email through my Immirgation Worker saying that the I-485 is denied because of what my last post said but my I-130 is approved.

(Why the I-485 is denied)
Quote:
The I-485 application was received at the National Benefits Center on June 11, 2006 and ------ was assigned as the receipt number. The
fingerprints cleared on July 6, 2006. I discussed this case with the
adjudicating officer this morning. Officer Johnson found that subject is
not eligible to file for adjustment of status as he originally entered the
United States as a K-2, but the marriage between his mother and the initial
sponsor later broke up. His new stepfather filed an I-130 petition for him
and then he filed an I-485 application. The problem is that he was a
conditional resident whose conditional resident status was never removed.

Title 8, Code of Federal Regulations Part 245.1(c)(5) provides as
follows:

(c) Ineligible aliens. The following categories of aliens are
ineligible to apply for adjustment of status to that of a lawful
permanent resident alien under section 245 of the Act:
. . . . .
(5) Any alien who is already an alien lawfully admitted to the
United States for permanent residence on a conditional basis pursuant to
section 216 or 216A of the Act, regardless of any other quota or non-
quota immigrant visa classification for which the alien may otherwise be
eligible.

I honestly don't know what to do, I mean I think USCIS thinks that my old sponser is still in effect but its not, I mean I dunno what to say, I have Canadian Tax Returns proving that I lived in Canada after my mom and I abanned our Green Cards back in 2000.

My Immirgation Worker told me that she talked to an Immigation Officer and he says that I can Re-Motion my case for Re-consideration to approve the I-485 or You can File the I-824.

I really don't know what to do...I have no money for a lawyer and I have been extemely upset all day and yesterday...
__________________
-6/5/06 Sent I-485, I-130..etc.
-7/24/06 RFE Undeliverable
-10/21/06 RECEIVED RFE
-12/4/06 Received INTERVIEW notice for 1/22/07
-12/28/06 Work Permit Approved and sent
-1/9/07 Received Work Permit.
-1/22/07 Interview, Decison 4-6 weeks
-3/12/07 INFOPASS still making a decison
-3/20/07 I-485 DENIED
-6/01/07 Filed I-290B Appeal on I485
-6/14/07 I-290B Receipt received
-12/14/07 Motion reconsider DENIED
-6/29/08 I-130 DENIED
-7/29/08 EOIR 29 Filed.
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