Friend Denied I-485, due to previous order of deportation

[Naijaland]

Hi Everyone,

A friend married to a U.S citizen had his I-485 application denied recently. He initially applied for asylum and was denied and an order of deportation was issued more than 10 years.

He moved and never received the letter of deportation. Few years later he married a U.S citizen and they have been married for more than eight years and they have several children together. Filed initial AOS which was denied due to a prior criminal charge. He filed a 601 waiver which was supposedly approved two years ago.

He recently received a denial notice for his I-485 application, which states that there is no appeal, but can file a motion to have the case reopened. Has anyone experienced this and what are his chances of getting his case reopened?

Thanks.

 

[bahamas68]

Your friend will need to go thru Consular Processing for his Green Card. He cannot adjust his status in the US, because he's been ordered deported. I'm not sure if he will need to refile the I601 since it's been previously approved. He may need to file another one.
He should be able to obtain it that way.

 

[aosing]

Your friend will need to go thru Consular Processing for his Green Card. He cannot adjust his status in the US, because he's been ordered deported. I'm not sure if he will need to refile the I601 since it's been previously approved. He may need to file another one.
He should be able to obtain it that way.

I would not be cavalier about this. With a prior conviction denial AND a deportation order, apparently not received because he did not keep INS/USCIS updated with his address for years, the application is sure to get extra scrutiny.

Unless the chance of being stuck outside the USA doesn't bother your friend, I would highly suggest an attorney for this case, especially since the circumstances of the supposed I-601 approval are unclear and he's in the country with an active, old order of deportation.