Experts Please Help..485 DENIED

P

polopolo

Registered Users (C)
Hi Everyone
My RD/ND is April 2000. I am a benificery of a principal applicant. My Husband\'s 485 is approved but mine is denied. We filed for 485 at the same time. According to INS, I was out of status when 485 was filed and we were not aware of the fact. My lawyer never advised me to send 245(i) supplement(a) along with a $1000 check. Now I received a letter saying that my application is denied.
At the end of the letter they mentioned that I have 3 weeks to send a reason why my "employment authorization" EAD should not be revoked because of the denial of the application. I dont understand that. Why they denied my appplication and asking me the reason why "employment authorization" should not be revoked.
If someone can help, that would be really appreciative.
 
Were you really out of status or is in an overlook from their site?

Were you really out of status or is in an overlook from their site?. Is their a statement in the letter regarging the right to appeal?

Your best bet is to do what your lawyer says.
 
Yes, she was really out of status when we filed for 485.

But we realized it just now, after getting a denial notice.
 
Probably you can still appeal your case.

I think you better get a good lawyer to review your case.
 
Why do they think you were out of status??

Could you please explain a little why INS thinks you were out of status?
 
because she was really out of status

she came to US and before applying for 485, they denied her B2 extension application. that makes her out of status.
 
Good Lawyer

That\'s what you need.

If your completed non-frivolous I-485 was filed before 4/30/01, then with the $1,000 fine you can make use of section 245(i) of the Immigration and Nationality Act (INA)(LIFE Act - Section 245).

This is precisely the solution for people who have been out of status. Is your lawyer sleeping???
 
I believe you can use 245..

Get a good Lawyer. As long as you can prove if she is here, Dec 21, 00, when 245 enacted, then you can pay $1000 and re-submitt the application. I believe your 485 don\'t have to be filed before April 31, 01 since your appliaction of GR was already on process before and during 245.

Good luck!!
 
I did the same - reply to INS, and file i-485 Appendix A ie 245(i) thru a good lawyer immediately

but i applied at the begining itself at whiling filing 485, in Oct 01.

bottom line 245(i) + 1000.00 cheque please !
 
No Title

Polopolo, How is your wife\'s case? I have the same situation but my case is still in INS\'s process and waiting for INS judgement. I want to know if I can pay $1000 now. Can I share your experience?

Bobo
 
Madhu77 and polopolo--some info please

Hi Madhu77

I have same situation with my wife,can you shed some more light as what scenario made you file i-485 appendix A and 1000.00 cheque as i have filed my 485 couple of weeks but came to know about my wife expired 94 even though she has a valid visa.

polopolo can you be more explicit about ur out of status(is it with i-94 r visa),currently what steps are you taking.

Thanks in advance for any info.

sagcid8502
 
r u sure

ur wife\'s I-94 has expired - correct
but does she have valid H1 extension or H4 extension

in case she has then she is not out of status
 
No Title

Hi Sagcid8502,

There is no problem with expired I-94 as long as she has a valid visa
and everything was filed in time. Therefore you don\'t need to worry.

Thanks.
 
akmr-I don\'t think that this statement can be blindly applied.

Assuming you have a visitor visa for 6months and you are issued I-94 for 45days only(This has happened to one of my friend after sept 11), then unless you get I-94 extended, you are out of status after 45 days. Guys, this is serious matter and I would suggest each of you who are in this situation to have a good lawyer take a look at your case.
 
PoloPolo, this is important...

Polopolo: At the time you filed for 495 was the B-2 extension filed? If yes, you had not receive the B2 extension rejection when you filed the 485 , isn\'t it? Is there a rule which says if you file for extension, it automatically enables the old B2 status to continue till you hear on the extension? If so, maybe you can use that to say she had a valid B-1.
 
Got this from immihelp.com

The person must be in status all the times in order to file Adjustment of Status. Exceptions to this are, if the person had stayed illegally for less than 180 days, he/she can apply for AOS. If he/she had stayed illegally for more than 180 days but the priority date is earlier than January 14, 1998 or qualifies under LIFE act, he/she can still apply for AOS by paying $1000 fine. All other persons must do consular processing abroad.

Hope this will help.
 
few more questions--caryz

Hi All

Thanks folks for the messages.

My wife has a valid H4 till june 2003(BTW our PP where stamped at st.louis with vaild visa\'s in Jan 2001).But after that she did not leave the country and i infered that since she has valid visa,She will get new i-94 only when she enters the country.

Caryz - what happens if priority date is july 2000 and she pays $1000.00 during AOS,so does it mean she is okay.

any suggestions will be greately appreciated.

Thx
sagcid8502
 
Send supplement A and $1000

If Form I-485 was filed without supplement, applicants should attach a copy of the filing receipt when filing the supplement and fee. So you can still do it.
 
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