Can F-1 Student File I-485 after Previous SEVIS Trouble

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Homermn2001

Registered Users (C)
My wife is currently on an F-1 Visa working in OPT and was lawfully admitted into the United States on that Visa. About 2 years ago, however, she was denied entry into the United States by an Immigration Officer in Atlanta was incorrect in stating that she didn't have a valid SEVIS form to enter the United States. Her F-1 Visa was then canceled and she returned to Germany the next day, had her Visa reinstated in Frankfurt and returned to the United States. The University she attened, a very large one with a diverse foreign student population, issued a letter on her behalf to take with her to Frankfurt that stated the immigration officer in Atlanta was wrong in dening her entry. She must now go through secondary screening whenever entering the United States and she has no problems since after explaining the problem. We now want to file the I-130/I-485 petition to have her become a Perm. Resident. However, I have read that if you were denied admission into the United States you are barred from filing the I-485. Is this true if she last entered legally and has current legal status? Or does this apply to people who were denied entry and then entered illegally anyways?

Thank you, I've been a long time viewer of this forum and this advice is very helpful!
 
No one has any help or ideas for this. I am begining to think that this statement on the I-485 form pertains to people who entered the United States illegally.
 
Homermn2001 said:
No one has any help or ideas for this. I am begining to think that this statement on the I-485 form pertains to people who entered the United States illegally.
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Don't get impatient. Others will answer your answers.
You said your will be applying for her I-130/I485. Please expalin whether you are a GC holder or a citizen. If you are a citizen ther won't be problems I presume. If you are a GC holder the wait is pretty long and thereofre don't know what you should do.
Also is she here in the State or Germany?If in the states I presume she entered lagally after the misunderstanding was cleared out. If she is here and has valid status the process should be smooth (apart from the time lag in namecheck )
If she is here legally but out of status and you are a US citizen that won't create any problem I believe. Howver if you are GC holder the process is a slight different.
Hope you describe the situation a bit more and others will be sure to help as well.
thank you
 
I don't mean to come off impatient, it can be fustrating unless you have the perfect case. I am US Citz she has returned here from Germany Legally on an F-1 Visa, I imagine that if she got this all sorted out back in Germany and came back legally there should not be any problems. I appreciate your response though thank you!
 
Homermn2001 said:
I don't mean to come off impatient, it can be fustrating unless you have the perfect case. I am US Citz she has returned here from Germany Legally on an F-1 Visa, I imagine that if she got this all sorted out back in Germany and came back legally there should not be any problems. I appreciate your response though thank you!
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It is true. For everyone that has to undergoing different aspects of the immigration process is frustrating, so that is why many of us are here to feel support and get some answers or guidance about our cases. There is no "perfect case", even there are some that "seems or look" similar every case is particular.

You and your wife shouldn't have any problem. The misunderstanding of the past was clear out since she is already present under legal status in the US.

Read the process and forms carefully at www.uscis.gov

good luck, ;)
 
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