Could anyone help?

flowerbud

New Member
Hi, I am new to this forum. But I saw a lot of helpful advice on this website, so I decided to post my problems and hopefully someone can help me out!

I am a Canadian citizen and started to work in the US with my TN since 2008. I married my husband who is US citizen in 2009. I filed green card application in April, 2010. In June 2010, we went on a trip to Canada for a week. At that time, I did not know that I need to have a Advance Parole to travel after my I-485 was pending. Anyway, I made it back smoothly, the border officer did not ask me any further questions, just simply looked at my passport (TN visa was still attached on it) and let me in. So, I did not know that I had already made a mistake. In July 2010, we went to the green card interview, I-130 got approved right away. But officer told us that he needed to talk to the supervior about our I-485 because we traveled without Advance parole. We had been waiting for 6 months, eventually on December 2010 we received a letter from the local office that our I-485 was denied. The letter did not give me any indication what my options are, just simply stated that my application was declined.

Now I am so stressed out and don't know what to do--should I refile new I-485? Do I need to refile I-130 as well (my original I-130 was approved)? I tried to call the 1-800 number many times, but everytime they gave me different answers which was very frustrated! Can some one please help me? It will be highling appreciated!
 
Your departure from US only killed your I-485 (and any EAD you might have received) becuase you were considered to have abandonned it, but not your I-130. Fortunately, the oversight by the borderguard kept your TN alive, which he should have pulled. he could evan have denied you entry altogether. You were pretty lucky.

However, you now do need to reapply for I-485, and in the meantime absolutely stay in US, or your TN will be lost, too (which it should have been when you left last time).

Also goes to show that CBP and CIS are keeping track of your entries/departures.
 
Thank you for your info!

I am kind of know that I need to resubmit I-485 application over again. And of course, I won't travel anymore until I put myself in the process again.

But my question is what I should put on my new I-485 form about my status for my last entry in the US, because the borderguard did not stamp on my passport and gave me new I-94. I thought myself was TN and he thought the same thing too, since my TN was still on my passport at that time. Should I just put my last entry as TN? I am so confused! Please could anyone help me out! Thanks.
 
What did I say? :
Fortunately, the oversight by the borderguard kept your TN alive
You are in TN status right now, and entered as such. if you weren't you would be working illegally, no?
 
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