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Found out wife has become illegal. I'm I-485 waiting status.

Discussion in 'General I-485 and Related Issues' started by Zooz, Apr 13, 2005.

  1. Zooz

    Zooz Registered Users (C)


    This is my first post here, so I'm not sure where to put this thread.

    I've been in the US for 12 years now, and have gone through various immigration status from F1 to OPT to H1, and currently waiting for I-485 approval with approved LC and I-140.

    My wife came to US on H4 status and we had a son over here.

    When my H1 was extended, my lawyer didn't apply for my wife's H4 extension, and when we were filing for our I-485, we found out that she has been illegal for a bout 2 years now.

    She is a medical graduate, and is ready to take her USMLE exams in US, but she can't since she has no legal status.

    Is there any way she could regain some kind of legal status in US, and persue her carrier, or is it over for her?

    Please help.

  2. TheRealCanadian

    TheRealCanadian Volunteer Moderator

    First, fire your lawyer. He's an idiot.

    Second, get a good attorney to file a nunc pro tunc petition to get your wife's status legal retroactively. This requires particular care, as you're basically asking USCIS really, really nicely to forgive a serious screwup on your attorney's part.

    If you mention the words nunc pro tunc and the lawyer doesn't know what you're talking about, then politely say thank you and keep looking. This is a serious situation that requires care to sort out.

    By the way, your wife can under no circumstances leave the US until this is resolved, since she is subject to the 10-year bar.
  3. Zooz

    Zooz Registered Users (C)

    Thanks for your reply.

    I've already done that. The lawyer was fired as soon as I found out.

    Also, we filed an extension application through a different lawyer, but the application was denied.

    I there any possibility, that after I get my GC, I could file something for her, that could get her back in status. All she needs is to be able to persue has carrier in the medical field. If she couldn't it would be a waste of all the years that she studied to get a medical degree.
  4. ginnu

    ginnu Registered Users (C)

  5. ginnu

    ginnu Registered Users (C)

    ----- when was your LC filed???? the date SESA or SWA recieved the LC
  6. Zooz

    Zooz Registered Users (C)

    As far as I can remember it was Feb 2002.
  7. ginnu

    ginnu Registered Users (C)

    ---- I was just thinking that if your LC was filed before April 30 ,2001, she may have used 245(i),
    you need the help of very good lawyer
  8. Zooz

    Zooz Registered Users (C)

    She was in US before April 30, 2001, but I think for to take advantage of 245i, the application should have been submitted before a certain date.
  9. TheRealCanadian

    TheRealCanadian Volunteer Moderator

    Yes, your LC must have been filed before 4/30/2001. Again, a regular extension request won't cut it; it needs to explicitly request a nunc pro tunc retroactive change of status.

    Otherwise, you're going to have a serious problem. The only other way you'll be able to legalize your wife's status is to wait until you become a US citizen, which won't be until after 2010.
  10. Zooz

    Zooz Registered Users (C)

    Do you know of any lawyer who can do this.

    I've spoken to a few lawyers, but no one even mentioned this.

    Where can I find more information on this?

    I really appreciate your input in this matter.
  11. TheRealCanadian

    TheRealCanadian Volunteer Moderator

    Take a peek at Jim Eiss. www.usvisahelp.com.

    He is usually very good at creative ways to get people out of sticky situations. Before he went to law school 20 years ago, he was an INS employee and very good at getting folks into sticky situations. :)
  12. Zooz

    Zooz Registered Users (C)

    Thanks for your help.

    I've sent him a question and a consultation request.

    I hope something can be done.
  13. rdip

    rdip Registered Users (C)

    The Real Canadian

    "....He is usually very good at creative ways to get people out of sticky situations. Before he went to law school 20 years ago, he was an INS employee and very good at getting folks into sticky situations...."
    ha ha ha
    hey are you THE REAL CANADIAN or THE REAL COMEDIAN !!!!!
    :) :D
  14. imwatcher123

    imwatcher123 Registered Users (C)

    After you get your GC, she could file application for waiver of her 10-years bar based on that her departure from US could cause extreme hardship to her LPR husband. It is entirely up to CIS's discretion and I heard it is very difficult to get approval. But she can argue that her failure to extend legal status was not intentional. It is not uncommon that H4s did not know or the lawyers forget that they need extent their H4 status seperately. Most think H4 will be automatically extended when their H1 spouses have their H1 extented. I believe CIS is aware of this problem. She may have a fairly good chance to get an approval.
  15. Billtoo

    Billtoo Registered Users (C)


    We were in the same situation -- My wifes h4 had become invalid for around 120 days .. Then we applied for her h4 extension... It got approved --- we gave the reason :- incorrect legal advice.. My wife took USMLE too and there is no area where it says, U have to be legal out here .. Make sure that U show D/L for ID at Prometric center while taking the exam... My wife showed passport -- they just check the name on the passport...

    So I see there is no problem regarding taking USMLE...

    I think there is a 180 days of grace period -- but its two years U have had this problem ... Did U try getting a EAD and AP?

    Hope that helps..
    Last edited by a moderator: Apr 16, 2005
  16. saeedk

    saeedk Registered Users (C)

    Zooz, I am in exact same situation. If you happen to check this portal, please reply so that I can get in touch with you. My wife is also a doctor and reading through your post was like reading my own story.
  17. vishi701

    vishi701 New Member


    I am also in the same situation, my wife and kids became illegal as their h4 was deined for 2004 to 2005. Attorney applied h4 again along with my h1b extension and it got approved for three years ( from 2006 - 2009). Will this be an issue?. Please advise.
  18. jnpr

    jnpr Registered Users (C)


  19. chrisyan

    chrisyan Registered Users (C)

    Wife expired H4

    I know this is not a good position to be in at this time. Immigration has gotten much tougher and so as many have suggested get yourself a good lawyer.

    Visit this website: www.fragomen.com

    This company currently advise congress and USCIS. They are a gobal company. they will answer your questions and they will be able to help you.

  20. hellogc

    hellogc Registered Users (C)

    I am also in the exact situation. Of cause I fired the H1 attorney. My GC attorny said it should be fine for the I485, but no guarantee. You never get a sure answer from attorney.:cool:

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