Husbands I485 Denied***** HELP!!!

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Kristy778

Registered Users (C)
Hello I am a US Citizen and my husbands I485 application was denied because he had to leave the country before he got his advance parole document so they said he abandoned his application. He received a letter that said he was denied and must leave the country within 30 days. We are going to reapply for the I485this week and are not sure whether he really has to leave the country. The USCIS worker who did our interview told him not to leave the country but this letter states he has to. What should he do?? He entered as a visitor and his I94 stamp has him good until November 28, 2008.
 
Kristy778 said:
\We are going to reapply for the I485this week and are not sure whether he really has to leave the country. The USCIS worker who did our interview told him not to leave the country but this letter states he has to. What should he do??
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He is allowed to stay once the new I-485 has been filed. On what basis did he re-enter the US?
 
Thank you, I thought once we reapplied that he was able to stay. He entered as a b1 tourist visa stamped for 6 months
 
As a result of his I485 being denied his EAD was cancelled. How risky is it if he doesnt say anything and keeps working. Do they really audit this?
 
Kristy778 said:
As a result of his I485 being denied his EAD was cancelled. How risky is it if he doesnt say anything and keeps working. Do they really audit this?
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I would not work. File for 485 and EAD again. He'll get EAD sooner than 485 adjudication or if it is TSC, they might process it together.

Just curious, how did USCIS knew that he left the country? I think as long as he has 131 receipt and valid visa to return, there is no problem.
 
Yes he left and re entered on his B1after he filed for 485 he assumed he was ok, the immigration officer in LAX and EWR never said anything. They found out at the interview when they looked at his passport and saw the stamps.
 
nscagony said:
Get a lawyer. Entering on B1 with 485 pending can considered immigration fraud.
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It can be, but it's pretty obvious based on the results of this case that fraud is not suspected, nor did the husband mis-represent himself.

I'd just refile the I-485, I-131 and I-765. While the old EAD is invalid there is no penalty for unauthorized employment in this case.
 
This time he is married to a USC when entering on B1. That almost certainly will raise suspicion. Last time might have been before they got married.
 
nscagony said:
This time he is married to a USC when entering on B1. That almost certainly will raise suspicion. Last time might have been before they got married.
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The mere entry on a B1 does not constitute fraud. And if USCIS suspected fraud, they would have done something when they denied the I-485. They did not.
 
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