Deportation Notice for Out of Status H4

Discussion in '485 issues in Nebraska Service Center' started by dave74, Jan 26, 2010.

  1. dave74

    dave74 Registered Users (C)


    I really need advice here.

    I received Deportation after 2+ years of applying I-485 for my wife who is out of status(Illegal) since 2003.

    I dont know what to do, I have 30 days notice period that says :

    USCIS is not initiating removal procedings at this time, this leaves you without lawful status and you are present in violation of law. You are required to depart US within 30 days of this notice or be subject to removal procedings.Ramaining in US beyond this time will also affect your ability to return to US.

    Please I know I made a mistake, I shouldnt have filed 485 for her, but please reply what can be done now ?

    Can she come back if she leaves US within 30 days ?

    Please reply,

    Thank you,

  2. fromnaija

    fromnaija Registered Users (C)

    Was she previously in H4 status?
    When did you fail to renew her H4?
    Are you still maintaining your H1?
    Answer to these questions might elicit some ideas on the way forward.
  3. dave74

    dave74 Registered Users (C)

    Hi fromnaija,

    Thank you for your reply.
    Actually, I was unaware that i need to maintain status of H4 separately, so, she was out of status since 2003. I realised this mistake and applied her with my next H1 renewal and it was denied and than my lawyer asked me to wait and apply 485. Which we did in 2007.

    I am maintaining my H1 status and is valid until 2012.

    Please reply as I am so frustrated.

    Thank You,

  4. fromnaija

    fromnaija Registered Users (C)

    God save us from inexperienced lawyers! Though I am not a lawyer but I know that since the H4 was denied any AOS application thereafter will be denied as you must be in status to apply for AOS (well, with limited exception). Your lawyer should have filed what is referred to as a 'nunc pro tunc' H4 extension. You will need to speak with a very experienced immigration attorney to get this issue resolved favorably.

    If she leaves, she runs the risk of being banned from entry for ten years. So you need to get a lawyer to advise you before you do anything at this stage.
  5. dave74

    dave74 Registered Users (C)

    Hi fromnaija,

    Thank you for your reply.

    I have taken an appt. for one of the big lawyers to see and they replied to my email that we should first file a Nunc Pro Tunc and with that also file a motion to reopen the 485 based on the fact that we are requesting nunc pro tunc relief.

    Hope this resolves the issue.

    Can anyone who was in a similar situation and got thru favorably with the NUNC PRO TUNC PLEASE REPLY, so that I can know that this NPT thing works.

    Thank You,

  6. fromnaija

    fromnaija Registered Users (C)

    DISCLAIMER: I am neither affiliated with Murthy nor their client but see their current bulletin (VOL. XVI, no. 05; Jan 2010, week 5) for a case that is similar to yours.
    Last edited by a moderator: Jan 29, 2010
  7. dave74

    dave74 Registered Users (C)

    yes, very similar, thank you for your concern.
  8. PrinceVA

    PrinceVA New Member

    Hi fromnaija,

    I have a similar case and went to the famous lawyer in US. They applied NPT and H4 together and they both denied.

    What are my options now ? Can we just wait for the much heard immigration bill ? (Its not suggested but just thinking options here).
    Is there anyway we can reduce the ban of no of yrs on the medical grounds ? My wife is suffering from depression.
    Any other option anyone can think of ?
    Please help.
  9. fromnaija

    fromnaija Registered Users (C)


    Sorry I missed your post. Since the NPT has been denied, you may be out of options. Some lawyers do have greater success rate for this type of situation. Do your research and see if filing an MTR for the denied application is feasible. Otherwise, I see no other option except (you know what I cannot advise you to do).
  10. dave74

    dave74 Registered Users (C)

    Hi fromnaija,

    Thank you for all your help so far.

    Fortunately, after NPT got denied, the Appeal to the Commissioner worked out and got the approval for my wife from 1/2/003 to 9/24/2007, from 9/24/2007 thru Feb 2010. she was on pending I-485 and EAD, I-485 got denied in Feb. 2010.

    The attorney is suggesting to file the MTR for the denied I-485 as the out of status was the only thing due to what they denied the I-485.

    So, hopefully, her I-485 will reopen and we both can get the GC once the date is current. My PD is May 2006.

    Just had a Q: Is the filing of EAD necessary when you don't have H4 after I-485 is filed or the pending I-485 is the proof of her being in status ?

    Our EAD renewals are due in Oct. 2010 but her I-485 is yet to be opened, so don't know how to approach it and my attorney is refusing to answer unless we hire him by paying his fees, which I am going to do but waiting for the salary to be deposited in the bank.

    Please reply if you have any idea, I am sure, I am going to hire the same attorney, but this questions are just not going out of my mind.

    Thank you in Advance.
  11. Saahisumi

    Saahisumi New Member

    Hi, i'am in a similar situation I went out of status in 2002 my husbands company forgot to file my h4 extension. We have been through a lot of lawyers. Iam basically handicapped from 10 hrs no driving no job .my husband is a GC holder he will get his citizenship in 2 yrs. My 2 kids are citizens. Is there anything I can do rather than wait for 2/3 more yrs. Please can anyone give me the details of how the process worked and few numbers that can help me .I hope u all understand how depressing it is not visiting you loved ones for 10 yrs .thank you
  12. fromnaija

    fromnaija Registered Users (C)

    I missed your first post on the below but I have provided answer in this thread:

    Last edited by a moderator: Aug 2, 2010
  13. fromnaija

    fromnaija Registered Users (C)

    You have been out of status for so long and your husband's case has been approved for more than three years that NPT will not work for you at this time. I am afraid, the only option you have now is to wait for your husband to become a citizen. At that time any out of status issue is 'forgiven'.
    Don't forget that until you get your green card, any out of country travel will trigger an automatic ten years ban on reentry for you.

  14. Saahisumi

    Saahisumi New Member

    Well that is unfortunate, but Thank you for the quick response

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