485 denied

S

stud007

Registered Users (C)
I got my green card in august. But my happines does not last very long.
Last wednesday, USCIS denied my wife's apllication stating lawyer filed her application in wrong time.
I got married after I filed my 485. My Priority dats is dec 3 2002.
I got married in 2005 and my lawyer filed her 485 in march. At that time prority date was not current. Not sure why my lawyer filed it.

Now she got three EADs and three APs. Now USCIS denied her case and she is out of status. She has to leave the country.

I filed the MTR. But I guess it will not help me a lot.

Can anybody went thr the same condition? Shouldn't USCIS deny her case at first time. I had H1 for 3 more years. Can I win the MTR?
 
Very sad to hear that your wifes 485 was denied. I guess your H1 is worthless the day your 485 is approved. Its invalidated. Thats what I think. But you can always double check.

If its your lawyers fault in filing your wifes 485 in a bad time when dates were not current then it also should be your lawyers responsibility to make sure to fight it out with USCIS to get this case re-opened and paid a fine to USCIS for the mistake and then finish the ordeal.

If your lawyer does not accept responsibility you can sue your lawyer for all the expenses and costly mistake that has happened I am sure you will win that case

However I am sure USCIS cannot be that harsh to revoke your 485 because of your lawyers mistake as its not mistake of applicant. there should be some legal way out or some loophole you have to talk to a very professional immigration lawyer and then do some research and then act, make your old lawyer pay for all the new legal fees and expenses

good luck to you
 
This is too much

Man this is scary , Im in the same situation .. my case is still stuck in name check is that mean after I get adjudicated my wife's case will be rejected..

then why are they issuing EADs and Advance Parole .. if they have to deny it anyway ..

Eb3 PD 2002
 
Lx95 said:
Why USCIS accepted when the dates are not current and then why to deny now.
Click to expand...
I think this is a good arguement that can be used to re-open this case. I am not sure how much help it could be if you contact Congressman.
Thanks,
gckajadoo
 
Sorry to here that man. Did they send you a RFE or outright Denial. Did the case status online change to Denied.If they did not change status you can file a case against USCIS.
 
You need fight

The INS made mistakes several times.
If they rejected your wife's case in the first time of AP/EAD, then you would have enough time to refile it.
Maybe you will need a good lawyer for this battle.
Best regards.
In the meantime, if you can get strong support from your congressman or senator, it could be much easier.
 
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stud007 said:
I got my green card in august. But my happines does not last very long.
Last wednesday, USCIS denied my wife's apllication stating lawyer filed her application in wrong time.
I got married after I filed my 485. My Priority dats is dec 3 2002.
I got married in 2005 and my lawyer filed her 485 in march. At that time prority date was not current. Not sure why my lawyer filed it.

Now she got three EADs and three APs. Now USCIS denied her case and she is out of status. She has to leave the country.

I filed the MTR. But I guess it will not help me a lot.

Can anybody went thr the same condition? Shouldn't USCIS deny her case at first time. I had H1 for 3 more years. Can I win the MTR?
Click to expand...

lawyer submitted 485 application when priority date is not current???? did lawyer informed you before submission?? ..it's your/lawyer responsibility .........some how USCIS corrected their mistake now and denied...

we always need to be carefull when it comes to immigration matters....you can't blame lawyer 100%
 
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faiz_newyork26 , did you check with your lawyer if you can take you wifes application back and resubmit it now ( your pd is current now ) ?

faiz_newyork26 said:
Man this is scary , Im in the same situation .. my case is still stuck in name check is that mean after I get adjudicated my wife's case will be rejected..

then why are they issuing EADs and Advance Parole .. if they have to deny it anyway ..

Eb3 PD 2002
Click to expand...
 
Look for a different Best Lawyer to work out this situation.

It is the total mistake of Lawyer. In fact, your lawyer should fight with USCIS for your case. You can ask your lawyer to take help of Congressman to resolve this matter.
 
ZOONI said:
In fact, your lawyer should fight with USCIS for your case.
Click to expand...

I can certainly understand the feeling, but you wouldn't want to leave this (probably tough) case in such poor hands that submitted I-485 when PD was not current... I wonder if stud007 instead can get refund from the incompetent lawyer so he can use it to hire a very good one. Like people said I would also contact my congresspersons too.

stud007, hope things will work out for you and the wife.
 
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