what happened when your 485/130 is denied?

J

JackDan

Registered Users (C)
just technically speaking, can somebody fill me in with the details, if your case for permanent residency green card got denied, what happen next? you apeal or something? are you still going through USCIS or some other judge/instancy? do you have to re-open, or apply again?
thank you.
 
You question is too general. It depends on circumstances of the denial. some people are denied because there is no enough evidence of family relationship, some because of abandonment, some because of inadmissibility and others because they are perceived threats to national security, some because the sponsor can not meet the poverty guidelines et al . There are just too many scenarios that can cause a denial and in most cases the remedy is unique to your circumstances.
 
AzBlk said:
You question is too general. It depends on circumstances of the denial. some people are denied because there is no enough evidence of family relationship, some because of abandonment, some because of inadmissibility and others because they are perceived threats to national security, some because the sponsor can not meet the poverty guidelines et al . There are just too many scenarios that can cause a denial and in most cases the remedy is unique to your circumstances.
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Also, it depends on your status, like if you were on an H1B and maintained that status and your GC application is denied, you can fall back to that status whereas if you were say on a visitor's visa, your options become limited.
 
thank you for answers.

I came under J1 which expired (but we submit all the document 485/130 etc before J1 expired).

My wife US Citizen does not work currently. I do work with salary of $75,000.

We have been asked for RFE last summer 2008 and upon submitting the package, they never followed up.

I am 4 years behind waiting for decision, went through 2 attorneys, bunch of letters, inquiries, congressman involved, etc. the further I got was "some unresolved issues on your case still pending, security bla bla bla".. so considering WOM, but I know they got harsh on people that are winning those WOMs and going through nasty fraud department inteview (called nicely "follow-up interview"), in this case I would rather wait a while more than getting denied out of some stupidy, but I would like to know what heppens in such a situation where one is denied.

Hope this information helps.
 
Seems like you have done all you can without invoking WOM. It looks like that WOM is all thats left in the arsenal. If you denied on a technicality for instance the 2 year rule for some J1 holders, You can file a waiver and if successful you can reapply. If I was you I would WOM them. The Fraud department can not find fraud where there is non.
 
2yr rule does not apply to my J1. you said - "file a waiver and if successful" -- successfult with whom and how do you file it with USCIS or some district judge?? confused...
 
well if he's from Iran or North Korea, or nuclear physicist from Nepal or India, I think they might check some more stuff
 
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