I-485 Denied Petitioner Died

L

lahoritamia

Registered Users (C)
My father in law had apply to adjust status for my mother in law on 2007, unfortunately he had past away last year. She had received a notice from Homeland security that reads:
Your application for permanent residence Form I-485 is based on a visa petition filed on your behalf on July 28, 2007, pursuant to section 201(b) of the immigration and naturalization act.
Title 8....
The petition that was filed on your behalf has been denied. Absent approved petition, you are ineligible to adjust your status to that of a permanent resident of the United States. Basicaly she has been ordered to depart the USA.
I would like to know if there is any help she can get from her sons she has 4 sons that are US citizens. Homeland security have given her 30days to depart. What can we do to stop her departure? She has no one on her home coutry? Please advise. Thank you all!
 
have ANY of her sons file for her GC. As soon as the I-485 is filed and received by USCIS, she would be legally present in the USA.

Have a consultation with a lawyer to find out exactly in what stage of "removal proceedings" she is in.
 
Thank you very much for your responses.
And yes all of her sons are over 21, I'm just worried that we ran out of time, letter was mailed on 1/06/09 and they gave her 30 days to leave the country.
 
If a new i-130 and i-485 is filed it will remedy the situation and any overstay will be forgiven because she is an immediate relative.
 
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