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employment based green card after i-485 denied?
- Thread starter ungioan77
- Start date
Jackolantern
Registered Users (C)
Depends on the reasons involved and how long you waited to leave the country or get another visa after denial. You may even be able to reapply for a marriage-based I-485 or appeal the denial, if you marriage is still intact. You have to provide more information so we can give some good answers.
Did your marriage go bad before the interview, and if not, are you still happily married? Did you miss the interview or fingerprint appointment? Did you leave the US without Advance Parole in your hand, or fail to return before it expired? How long did you take to leave the US or get another visa after your case was denied? Or did you already have another underlying visa like H1B when your I-485 was denied? Are you still in the US? Is the marriage to a US citizen?
Did your marriage go bad before the interview, and if not, are you still happily married? Did you miss the interview or fingerprint appointment? Did you leave the US without Advance Parole in your hand, or fail to return before it expired? How long did you take to leave the US or get another visa after your case was denied? Or did you already have another underlying visa like H1B when your I-485 was denied? Are you still in the US? Is the marriage to a US citizen?
my application is denied because of abandonment and they told me that i can reopen the case.my marriage got bad before interview but we still had the interviewin 2006.after that she left me and now i found out that she is gay...we are still married, i don't know where is she. i never left usa, i didn't miss the interview. i just get the letter of deniel in mail, yesterday.they denied my case in october 2008( i moved after we got separated ,in 2007, and i changed my adress with uscis, i have the letter of confirmation from them.in september 2008 they sent me a letter at my old adress and the post office sent it back. i've seen that on line ,on case status, just in january.i talked with them and they said that i didn't change my adress, at least they don't have nothing in the system.so they figured out that i abandoned my case.)i am in the us now and i don't have any visa...can i get one considering now that i am illegal? or should i reopen the case and prove that anyway our marriage didn't have any future because she is gay? thank you for your advice
Jackolantern
Registered Users (C)
Reopening or appealing doesn't make sense if your marriage is already gone bad.
You are now out of status since Sep 2008; if you don't leave the US or get another legal status before 180 days since that denial (which would be next month), your ability to get another visa or green card will be severely limited.
You asked about an employment based green card ... do you already have a job offer? If you don't accumulate those 180 illegal days, you can still pursue a green card, but it is practically impossible at this time to get back into legal status before you accumulate 180 days, since you only have about 1 month left. So you will have to leave the US soon if you hope to get an employment based card.
You are now out of status since Sep 2008; if you don't leave the US or get another legal status before 180 days since that denial (which would be next month), your ability to get another visa or green card will be severely limited.
You asked about an employment based green card ... do you already have a job offer? If you don't accumulate those 180 illegal days, you can still pursue a green card, but it is practically impossible at this time to get back into legal status before you accumulate 180 days, since you only have about 1 month left. So you will have to leave the US soon if you hope to get an employment based card.
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Jackolantern
Registered Users (C)
Given your situation, I don't think there is any kind of visa you can get in 1 month. You can't get a student or tourist visa, because you have recently demonstrated immigrant intent. Canadians with the right qualifications can get TN status, but that probably won't happen for you because you're out of status and have demonstrated immigrant intent. You can't get an L1 visa, because you're not employed overseas by a multinational corporation. You can't get an H1B visa now, because the lottery for them is in April and the effective date is in October.
Here is a more complete list of visas, go through them and figure out if you can qualify.
http://www.uscis.gov/portal/site/us...toid=e6c08875d714d010VgnVCM10000048f3d6a1RCRD
Here is a more complete list of visas, go through them and figure out if you can qualify.
http://www.uscis.gov/portal/site/us...toid=e6c08875d714d010VgnVCM10000048f3d6a1RCRD
Jackolantern
Registered Users (C)
180 days a bit less than 3 months ... April 25, 2009 would make 180 days.they denied my case in 27 october 2008.i have until april 27 2009...it's enough almost three months? the job offer is not a problem .i got my plumbing license and i work for a plumbing company...thanks for your quick replies
You have to look through that list I linked to and figure out if plumbing can qualify you for any of those visa categories. Most of those visas are types have to be approved, not just applied for, in order to put you back in legal status again, so even 3 months may not be enough. And depending on the category, you may have to do some additional "change of status" paperwork to change back to legal status. However, if you leave before 180 days you probably will be able to come back when it is approved.