Hi Everyone,
Our whole family's I-485 has been filed under the LIFE Act (2001 version). When my dad's Labor Certificate got approved, attorneys filed our families I-485's since September 12, 2002 (dad being the primary applicant). Just today my mom received a Notice of Intent to Deny for my dad's I-485 employment based application.
I am SO shocked/scared/confused. The gist of the Acting Director's reason for denial for my father's I-485:
"The record of proceeding indicates that your last lawful admission to the US was on May xx, 1996, in WT (visa waiver) classification, valid for 90 days, or until August 26, 1996, and you departed from the United States on January 31, 1998.
In light of the above, it appears you were unlawfully present in the United States from April xx, 1997, until January xx, 1998, a period of more than 180 days, but less than one year. It further appears that you voluntarily dpearted from the United States and were subsequently paroled ino the United States on October xx, 2000. This departure thus appears to have rendered you inadmissable under section 212(a)(9)(B)(i)(I) of the Act, and you are therefore also inligible to adjust status under section 245 of the Act. Your application for adjustment may therefore be denied. " Acting Director
Law: 212(a)(9)(B)(i)(I):
"was unlawfully present in the United States for a period of more than 180 days but less than 1 year, volutantarily departed the United States [whether or not pursuant to section 244[e] prior to commencement of proceedings under section 235(b)(1) or section 240, and again seeks admission within 3 years of the date of such alien's departure or removal, ..."
Gist:
-Came on a WT (visa waiver) on May xx, 1996 (visa only valid until August 26, 1996)
-Dad departed from US on January xx, 1998
-Denial REASON: From April 1997 to January 1998 living unlawfully in the US for more than 180 days but less than a full year so he is ineligible.
... However, there is something not adding up.. While it is true that from April 1997 to January 1998 is more than 180 days (but less than one year) and that this is grounds for inadmissability... what about the time he was living from August 1996 to January 1998 unlawfully in the US? Isn't that more than 1 year?
Any advise would be helpful.
Thanks.
Our whole family's I-485 has been filed under the LIFE Act (2001 version). When my dad's Labor Certificate got approved, attorneys filed our families I-485's since September 12, 2002 (dad being the primary applicant). Just today my mom received a Notice of Intent to Deny for my dad's I-485 employment based application.
I am SO shocked/scared/confused. The gist of the Acting Director's reason for denial for my father's I-485:
"The record of proceeding indicates that your last lawful admission to the US was on May xx, 1996, in WT (visa waiver) classification, valid for 90 days, or until August 26, 1996, and you departed from the United States on January 31, 1998.
In light of the above, it appears you were unlawfully present in the United States from April xx, 1997, until January xx, 1998, a period of more than 180 days, but less than one year. It further appears that you voluntarily dpearted from the United States and were subsequently paroled ino the United States on October xx, 2000. This departure thus appears to have rendered you inadmissable under section 212(a)(9)(B)(i)(I) of the Act, and you are therefore also inligible to adjust status under section 245 of the Act. Your application for adjustment may therefore be denied. " Acting Director
Law: 212(a)(9)(B)(i)(I):
"was unlawfully present in the United States for a period of more than 180 days but less than 1 year, volutantarily departed the United States [whether or not pursuant to section 244[e] prior to commencement of proceedings under section 235(b)(1) or section 240, and again seeks admission within 3 years of the date of such alien's departure or removal, ..."
Gist:
-Came on a WT (visa waiver) on May xx, 1996 (visa only valid until August 26, 1996)
-Dad departed from US on January xx, 1998
-Denial REASON: From April 1997 to January 1998 living unlawfully in the US for more than 180 days but less than a full year so he is ineligible.
... However, there is something not adding up.. While it is true that from April 1997 to January 1998 is more than 180 days (but less than one year) and that this is grounds for inadmissability... what about the time he was living from August 1996 to January 1998 unlawfully in the US? Isn't that more than 1 year?Any advise would be helpful.
Thanks.
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... it's worse than I thought.. If you live more than 1 year "unlawfully" than you are barred to come in the country for 10 years... Does the LIFE act somehow exempt us? Has anyone been in similar situation?