I 485 denied - case status

L

longwait98

Registered Users (C)
As some of you may have read my earlier posting, my I-485 was denied, saying I did not show up for fingerprinting. CIS never sent the fingerprint notice to me or my lawyer. The problem is, I am in overseas on a business trip while my wife and kid are in U.S. The attorney has filed for a 'motion to reopen', couple of days ago.

I want to come back to U.S. ASAP. Following is the email from my attorney on the topic of my return to U.S. Immigration gurus out there, can you provide your thoughts on this.

"If you need to return to the U.S. you may use your advance parole. However, our concern is that when the inspector checks your case in the system, it will show that your adjustment is denied and we do not know exactly what they will do. What they should do is either parole you in for a year as normal, or defer your inspection to the local CIS office in Dallas for you to sort out the issue. However, it is possible that they might try to place you in removal proceedings before an immigration judge. As a person returning on an advance parole, you have the right to a hearing by an immigration judge de novo on your I-485 application. Normally, even if they serve you with removal papers (NTA) they would still permit you to enter the U.S. to pursue the adjustment in court. Under no circumstances should you withdraw you application for admission.

To facilitate you entry, we could also write a letter addressed to the BCP Immigration bureau for you to carry with you to present with copies of the motion papers stating that we never received notice of fingerprinting and are in the process of fixing it with CIS in Texas. We could scan and e-mail the letter to you. Writing a supplemental letter to the CIS for the Motion will not help, as CIS does not control border entry".

My question: Is it too risky to enter the U.S. now? My advance parole expires in Apr 2005. Before deporting a person, by law do they have to give a person a chance to appear before a immigration judge.
 
I've read a case here before about a person on this forum who was picked up by border patrol and did not have his paperwork with him and was placed in removal proceedings....when he appeared in front of the judge, the judge approved his I-485.

My suggestion is...either case you have nothing to loose...
I think you should try to enter the country on your existing AP...and take it from there....looks like you have a good attorney who is willing to work with you...
 
YOu should try to get any supporting document, as previouse mentioned that you have right to apeal for some timeframe, and untill case closed then they can give u prob. but I believe u can enter using ur AP without any prob.

did ur attorney filed to reopen case?
and even u have concern about risk ..... what else option u have for waiting?
try to get back soon. and again be normal with smile, be confident and showing absolute no signs of ur worries on face, about ur case while entering, even they let u know don't confuse, be confident and say "I know it, and I am have pending apeal or going to apeal to reapear for FP. keep in tough with ur attorney while u enter and also pay him to be there if any issue u find, if u arrival daytime and business hour that would be fine too, I am sure they won't give u any prob to enter u do have valid doc, and untill removal procedure compeleted than they can ask to leave. but my understanding is untilll apeal time gone, they won't start any procedure. but u have to be there ASAP, and get whatever docs u can get from your attorney. but don't show untill they ask. act normal, Good LUck




Good LUck
 
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Just came from India

I had quite a similar situation, however not that bad as yours.

While we were waiting patiently since July 2002 for our 485 approval, unfortunately my father-in-law passed away this July 2004. Through out my 485 waiting period, I did not make any vacation visit to my country due to "out of status" status of my wife and children. Stupid Me, did not extend their H4 Visas when my H1 was extended and so technically they were out of status for over an year. This scenario forced us to stay back here. However, the death forced us to go and attend the last rituals. I was in a confused state of mind and not sure if my wife and children would be allowed ... my wife's receipt notice reflected the fees I paid for 245i and the immigration officer would definetly come to know of this situation. My attorney cautioned that they might be debarred to a maximum of 10years entering into the USA. Finally, I made up my mind to accomodate any situation. I packed bags in such a way, if any thing unfortunate happens they may return back safely with their bags (just a thought).

I was entirely nervous when landed Detroit and prayed almightly to help me with this situation. When reached the special counter (not the normal one for H1s and Students Visa), an officer took our passport and filled I94 apps, scaned our previous Visas (3 * 15secs) (what ever they were) and then asked for Advance parole. After looking at the photos in APs, he stamped our passports and in one copy of AP, then kept one copy with himself (3 * 30 secs), then greeted 'Welcome back home' with his smiling face. Later he took some time explaining how to use my copy of AP for multiple entries (about 2 mins). He did neither take photograph nor fingerprint (as was done in other counters for H1 etc). The whole thing was completed in maximum 7 mins and we were out with a big sign of relief. Later after a month we got our approvals and awaiting for Passport stamping.

So, my small piece of advice is there is no harm trying and the almighty will take care of your situation. I heard that Detroit is a better POE than Chicago or Atlanta, where the APs are sent to separate room and investigated. Hope this info helps.
 
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