I-485 Denied, No I-130

P

Paver

New Member
Hi Y'all
New to this forum. Here is my problem. We are GC holders, and filed AOS for our two children. We mistakenly did not submit I-130 forms at the time. The application was denied. The children was under 21 at the time. We have not received any deportation order or removal notice to date, as the immigration officer verbally waived it. We were advised by the immigration officer to immediately submit I-130, which we did.
Two years later, the I-130's were approved. Children are now over 21 and in college.
Where do we go from here?
Do we try to re-open original I-485 case or file a new one?

Thanks
Paver
 
Thanks for the reply
One parent got GC from H1-A status
Other got through son( USC)of a previous marriage

We also got stupid advise that the children should be filed for separately. This was given to my wife. It almost led to divorce. The children are now the losers and becoming very frustrated, as they can't drive, work, etc,etc. They are actually think of returning to their homeland and forget USA forever.
I certainly would not be separated from them. They might have to wait 3-4 years for a visa number.
 
Paver said:
Two years later, the I-130's were approved. Children are now over 21 and in college.
Where do we go from here?
Click to expand...
Calculate their adjusted age under the CSPA. If you become a citizen before their adjusted age is over 21, you can file the I-485 for whichever one (or both) of them is young enough. If either or both is too old, they will have to leave the US and wait for 10 years to become eligible for a green card or visitor's visa. Unless they can get a waiver on the basis that they reasonably believed they were in the US legally given that papers were filed for them as children; it was their parent's mistakes with filing the paperwork that made them lose status.
 
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