In 1992 the US Embassy’s Consular Officer ordered for revocation the “Petition for Prospective Immigrant Employee” (Form I-140 Category: EW) due to some technicalities. The appeal was filed but because I was not anymore in the US at that time, the evidence was hard to assemble. Therefore, the grounds for revocation have not been overcome and my case was closed.
Presently, I am working in the US as Senior Accountant and I am also a Canadian citizen. I have the I-140 (skilled worker/professional) approved recently. Anytime soon I will file the I-485 when my priority date is up and current.
My problem is how to answer the question in Form I-485, Part 3-Processing Information that goes, “Have you ever before applied for permanent resident status in the US?” I am not sure if I should answer “No” to this question because I thought I did not file for the permanent resident status at that time yet. The I-140 was revoked (Matter of Estime, Interim Decision 3029 – BIA 1987) and I was not able to apply to change my status then. I just don’t know the right answer to this. Is there anyone with similar predicament as mine before that knew the answer or maybe a lawyer who can give a good counsel on this matter? Please help! Your professional advice is greatly appreciated. Thanks.
Presently, I am working in the US as Senior Accountant and I am also a Canadian citizen. I have the I-140 (skilled worker/professional) approved recently. Anytime soon I will file the I-485 when my priority date is up and current.
My problem is how to answer the question in Form I-485, Part 3-Processing Information that goes, “Have you ever before applied for permanent resident status in the US?” I am not sure if I should answer “No” to this question because I thought I did not file for the permanent resident status at that time yet. The I-140 was revoked (Matter of Estime, Interim Decision 3029 – BIA 1987) and I was not able to apply to change my status then. I just don’t know the right answer to this. Is there anyone with similar predicament as mine before that knew the answer or maybe a lawyer who can give a good counsel on this matter? Please help! Your professional advice is greatly appreciated. Thanks.