Can an I-765 process affect an I-130?

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rodrigo_vera11

Registered Users (C)
I applied for an I-130 since 1995 and applied for an EAD (I-485/I-765) back in 2005, got my EAD valid for one year and worked for that year in the US (I crossed the border every day to go to work using my tourist visa, and returned to my country, I was told by my lawyer that this was ok, which later I found out wasn't), after that year my attorney could not renew my EAD -we tried four times and I never got a renewed one-, so I stopped applying for the EAD.

After all these EAD denials I did some research to see why and found a lot of violations that I incurred -which I was not aware of-, like crossing the border everyday to go to work. I'm sure that's why they did not renewed my EAD after that. Now I know that my "attorney" scammed me along other people, I'll place a lawsuit as soon as I can.

I did not work after my EAD expired.

I went to talk to another attorney to ask him if my I-130 process was affected in some way due to the denials of the EAD and he told me that I can get a ban of 5 to 20 years because I was not supposed to leave the country after my biometrics where taken, but as far as I know -I'm not an expert- what happened or can happen is that the I-485 was or is void. he also told me that I need to place a lawsuit to leave a record and to let them know that I did not know that I was breaking the law.


My priority date will change because my father became a US Citizen and probably I'll go to my Green Card appointment in 2-3 years from now, but I'm afraid that I get banned because of what the attorney told me. I do not know if one process can affect another one (I-765/I-130)

My new attorney requested a complete file of my process to see how "damaged" is it and to see how we can fix it.

Any comment will be highly appreciated.
Thank you.
 
Suing the lawyer will not help your immigration case. As for ban, I only know 3 to 10 years bans and 5 to 20 years.
On what basis did you initially get your EAD?
 
My "attorney" just told me that I was eligible for an EAD so I believed him, never explained to me how or why, but as far as I know and for what I've researched I was not eligible for one in the first place, I knew this a few months ago.

When I first got my EAD I did not care, I just thought that if I got one everything was legal. At this point I really do not know.

Now I'm worried that at my Green Card appointment -if I'm lucky to have one- all those discrepancies will pop up. As of now I'm planning to go to the appointment with my new attorney.
 
The I-765 didn't affect anything. What messed you up is that you're not supposed to leave the US while your I-485 was pending, without having Advance Parole or a valid H1B/H4/L1/L2 visa.
 
Jackolantern said:
The I-765 didn't affect anything. What messed you up is that you're not supposed to leave the US while your I-485 was pending, without having Advance Parole or a valid H1B/H4/L1/L2 visa.
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But in that case the I-485 got void?

If so, then my I-130 is ok?

I really do not care about the I-485, my concern is my I-130

**Thanks for the reply
 
rodrigo_vera11 said:
But in that case the I-485 got void?

If so, then my I-130 is ok?

I really do not care about the I-485, my concern is my I-130

**Thanks for the reply
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One would think you get your head out of a horse's rear and educate yourself about this immigration stuff. For all that is holy, you have been through hell for close to 15 years, and you are still not caring about I-485? What a man...!!!! One thing is very clear...very clear, you don't care about your greencard, only about your I-130. Go ahead and care about I-130, another 15 years will pass with your living in the shadows and lawyers collecting consultation fees from you. "He who refuses to learn, will eat dog poop for life" Yogi Berra.

Get off your bums and educate yourself about this immigration crap, stop relying on lawyers who are clearly taking advantage of you. I mean, you can sue the first lawyer, good luck with that suit...lol!!! You have no legal recourse against your old lawyer, because failure to ask prudent question has never been any lawyer's fault, except for the fool paying for the consultation. Also, ignorance of the law has never been forgiven by USCIS. The sooner you get off your rumblings,take hold of this case to understand what is going on, you are going to in serious trouble for the next 15 years.
 
I appreciate your comments, yes, I do not know the immigration laws, that's why I'm posting my questions here.

I wrote that I do not care about the I-485 because for what I've heard/read it got void as soon as I reentered the country -again, that is what I was told- and all the times that I tried to renew my EAD it was denied, what was I supposed to do? Work/stay illegal in the US?

I only care about the I-130 because my father became a US Citizen and probably I'll go to my Green Card appointment in 2-3 years from now.

I'm consulting a new immigration attorney and he is in the process of finding out what could be the result of all this situation.

He will not know until 6 months -even a year- when he gets back my complete file, and I would like to have some hope -if there's any-.

Again, thank you.
 
rodrigo_vera11 said:
But in that case the I-485 got void?

If so, then my I-130 is ok?
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It should be OK, and it would still enable you obtain a GC through a consulate ... but depending on how long you've been in the US since the I-485 denial, you may have to wait out a 3-year or 10-year ban before being eligible for the GC.
 
Jackolantern said:
It should be OK, and it would still enable you obtain a GC through a consulate ... but depending on how long you've been in the US since the I-485 denial, you may have to wait out a 3-year or 10-year ban before being eligible for the GC.
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Thanks Jackolantern,
I did not stay in the US, I live in Tijuana, Mexico and I go to the US every other week -shopping mostly-, sometimes twice a week and have not had a single problem at the border.

The funny thing about all this is that after my EAD expired and was not able to renew it I got robbed close to my home in Tijuana and my tourist visa was in my wallet, so I went and presented all the required documents and got my new tourist visa, no questions asked, they just issued it with no problem. I remember that the immigration officer asked me if I was in the process of getting a GC and I said yes, and that was all.

I think that if there's was a problem they would have denied it without a doubt.


Thank you again for your answers.
 
You should spend a weekend educating yourself about the do's and don'ts of trying to get a green card. You are clueless and this is going to continue to be an impediment in your quest for gc. How can you ask any intelligent question to a lawyer, if you lack the basic understanding of what is filed, when and at what costs? The fact that you got all those stolen issues replaced doesn't say anything, except that you lost a long time in the green card bus to a freedom.
 
Al Southner said:
You should spend a weekend educating yourself about the do's and don'ts of trying to get a green card. You are clueless and this is going to continue to be an impediment in your quest for gc. How can you ask any intelligent question to a lawyer, if you lack the basic understanding of what is filed, when and at what costs? The fact that you got all those stolen issues replaced doesn't say anything, except that you lost a long time in the green card bus to a freedom.
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Oh man...it really seems like you need a break, whatever your are doing, stop doing it and relax for a few minutes.

Did you answer a single question??? NO!!!

INSTEAD OF POSTING YOUR USELESS COMMENTS TAKE BREAK MAN.

NEGATIVITY IS THE LAST THING THAT WE NEED, TRUST ME.

p.s. Relax......
 
rodrigo_vera11 said:
Thanks Jackolantern,
I did not stay in the US, I live in Tijuana, Mexico and I go to the US every other week -shopping mostly-, sometimes twice a week and have not had a single problem at the border.
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So what was the purpose of the EAD? To work in the US? Did you continue to work in the US after the first EAD denial?
 
Jackolantern said:
So what was the purpose of the EAD? To work in the US? Did you continue to work in the US after the first EAD denial?
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The purpose of the EAD was to work and eventually have an Adjustment of Status -according to my old attorney-.

As soon as the EAD expired I stopped working in the US, have not worked in the US since then.
 
rodrigo_vera11 said:
As soon as the EAD expired I stopped working in the US, have not worked in the US since then.
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Good. So it seems you would not have enough illegal presence (if any) to trigger the 3-year or 10-year ban.

Ask your father to file I-824 to get your case moved to the US consulate in Tijuana, unless the Tijuana consulate was already selected on the I-130. Of course, discuss this with your new attorney before taking action.
 
Jackolantern said:
Good. So it seems you would not have enough illegal presence (if any) to trigger the 3-year or 10-year ban.

Ask your father to file I-824 to get your case moved to the US consulate in Tijuana, unless the Tijuana consulate was already selected on the I-130. Of course, discuss this with your new attorney before taking action.
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I'll do that, and thank you for your help, it really helped me.
 
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