I-485 Denial and Status

S

Sundraj

Registered Users (C)
Hi,
My friend and his wife field 1-485 concurrently. My friend got his green card. His wife's I-485 was denied since she did not renew her h4 for more than 180 days. However, she renewed her H4 visa before I-485 was denied. She is a housewife. My questions are
1. Can she stay here on her valid H-4 (till 2009) visa even if I-485 is denied.
2. Can she renew her H-4.
3. Can she appeal for 1-485 as her husband has a green card and her son is US citizen.

Thank you
 
Sundraj said:
His wife's I-485 was denied since she did not renew her h4 for more than 180 days. However, she renewed her H4 visa before I-485 was denied.
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Renewing the visa makes no difference. When was she out of status, and for how long? She may have some serious problems.
 
She was out of status over 180 days and then she requested to renew her H-4 with a explanation. She got H-4 renewd finally a month ago. She has a valid H4 which expires in 2009. That means the USCIS waived her out of status over 180 days.
 
She is no longer on a valid H4 as her husband's 485 has been approved. After getting the H4 extension approved did she go out of country to obtain a visa stamp and reenter? If she did that, she may submit her 485 before her husband's approval reaches the 180 day mark. If she did not go out of country she is seriously out of status and has started accumulating illegal presence after her husband's 485 approval. Ask her to talk to an immigration attorney ASAP.
 
fromnaija said:
She is no longer on a valid H4 as her husband's 485 has been approved. After getting the H4 extension approved did she go out of country to obtain a visa stamp and reenter?
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She may not have needed to. If the nunc pro tunc extension included an I-94 at the bottom right, she is out of status since the husband became a PR but no illegal presence is accumulating.

Is the husband's PD current?
 
Thank you guys. She did not out of the country. If she goes back to home country and apply for a visa from the home country, what are the chances of getting any type of visa as her husband is PR and her son is US citizen.
 
Sundraj said:
If she goes back to home country and apply for a visa from the home country, what are the chances of getting any type of visa as her husband is PR and her son is US citizen.
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There is no "my husband is a PR and my son is a US citizen" visa.

Is the husband's PR current?
Does her H-4 approval have an I-94?
When was his I-485 approved?
 
Her husband got the I-485 approval and Green card in 3 weeks ago. She does not have I-94. Does H-4 approval narmally have an I-94 in it?
 
Sundraj said:
Her husband got the I-485 approval and Green card in 3 weeks ago. She does not have I-94. Does H-4 approval narmally have an I-94 in it?
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What exactly did she get renewed, if there's no I-94 in the approval notice? I think she needs to see an attorney, pronto.
 
In cases where someone over stays their legal stay, it is common that USCIS can approve the visa petition (i.e. H1/H4 etc) but will deny the legal stay extension request.
A new I-94 is given to extend a person's legal stay in the USA. If a person is currently not in a legal status, they can't issue an I-94.

In such cases, they do not provide an I-94 with updated dates. The applicant is required to leave the US, go to a consulate and get their passport stamped with a visa and re-enter. They will get a new I-94 at port of entry.

If you can, post the exact wording on the H4 approval notice.
Didn't USCIS send them instructions on how to proceed?

>>Please note that I am not a lawyer. Please do not take the above as legal advice.<<
 
Regarding going for stamping, her husband/son's PR/citizenship status does not impact her. Since "H" is considered dual intent, they won't use their status to deny hers. On the other hand, if she tries to come in F1 or another pure non-immigrant visa, they will for sure not give a visa stamp in her passport.

It is best if she talks to a good immigration lawyer before she goes out of the country for stamping. She is bound to get questioned at the consulate regarding her illegal presence, and she better have a good answer to why she did not renew her H status before its expiry.
 
chitti007 said:
In cases where someone over stays their legal stay, it is common that USCIS can approve the visa petition (i.e. H1/H4 etc) but will deny the legal stay extension request.
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In the case of the H-4, there is no visa petition. The only thing that USCIS can approve or deny is the change of status. That's why I'm so confused here.
 
I apologize for the confusion. On her H-4 approval notice, I-94 card was included with the expiration date of April 14, 2009.
I have also found that her first H-4 was expired before her husband H-1 expiration date. Should her first H-4 have a expiration date match her husband H-1 expiration date?

Anyone can recommend a lawyer for consultion of this issue. Her laywer seems to be unexperienced to handle this issue. Thanks a lot guys
 
Last edited by a moderator:
Is it true that the H4 and I-94 card become invalid when I-485 of the primary applicant is approved.
 
Sundraj said:
I apologize for the confusion. On her H-4 approval notice, I-94 card was included with the expiration date of April 14, 2009.
I have also found that her first H-4 was expired before her husband H-1 expiration date. Should her first H-4 have a expiration date match her husband H-1 expiration date?

Anyone can recommend a lawyer for consultion of this issue. Her laywer seems to be unexperienced to handle this issue. Thanks a lot guys
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Okay, did the H-4 visa expired before filing I-485?
 
Okay, after reading all the posts again, her best option at this time may be to file a motion to reopen (MTR) her 485 case. However, she needs an experienced attorney at this stage to handle this matter for her.
 
Anyone can recommend a lawyer for consultion of this issue. Her laywer seems to be unexperienced to handle this issue. Thanks a lot guys
 
your post is still not clear after so many postings..?

was there a break in the i94 periods for more than 180days since she entered US..? did INS approve her latest H4 extn with a i94 card with a start date not in continuation with the previous i94 card date..?
 
StressTestInUSA said:
your post is still not clear after so many postings..?

was there a break in the i94 periods for more than 180days since she entered US..? did INS approve her latest H4 extn with a i94 card with a start date not in continuation with the previous i94 card date..?
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Yes, there was a cap of more than 180 days in between the first H4 expiration date and the H4 extention approval date.

INS approved her H4 extention eventhough there was a cap of more than 180 days. Her H4 extension expires before her husband H1B expires. So technically it is in continuation with the previuos card.
 
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