I am in US since 1995 and entered through B-1. Never left US. In 1998 filed for Political Asylum and in 2004 was granted Withholding of Removal. In 1999 before April 1st my US citizen sister filed I-130. In August 2010 visa numbers were available and I filed I-485. In February 2011 had initial interview in local INS office. My applicaton was denied. INS Officer told me that I-485 was denied because I was under juderstiction of Immigration Courts. He advised me to file a motion in Immigration court and ask the judge to dismiss my WOR and after reapply for adjustment of status. I have a question: a) If the Judge dissmisses my case, will I become an alien without any status and can be deported; b)Can the court do dismiss WOR at all; c)Can somebody give an idea how much an avarage immigration attorney would charge ($) for filing a motion with courts in my case. Thank you in advance.
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I-485 was denied because of WOR status
- Thread starter vbalasho
- Start date
Jackolantern
Registered Users (C)
It's true, once your WOR is canceled, you're out of status, and if you're out of status you'll lose eligibility for I-485 based on a sibling petition.
But you may be able to get the court itself to adjudicate your I-485 (refiling it with the court may be necessary), so that when your WOR is dismissed it's simultaneously replaced by an approved I-485.
But you may be able to get the court itself to adjudicate your I-485 (refiling it with the court may be necessary), so that when your WOR is dismissed it's simultaneously replaced by an approved I-485.
TheRealCanadian
Volunteer Moderator
It's true, once your WOR is canceled, you're out of status, and if you're out of status you'll lose eligibility for I-485 based on a sibling petition.
He appears to meet the criteria for 245i.
Jackolantern
Registered Users (C)
245(i) doesn't require you to always be without status. You were in the US and out of status before the cutoff in December 2000, and you had an immigrant petition filed for you before the cutoff in April 2001, so it appears you would qualify to adjust status under 245(i) whether you currently have legal status or not.
Jackolantern
Registered Users (C)
March 2001 is before the cutoff date in April 2001, so you should be OK, although you'll still need to file the I-485 through the court.
Based on I-245 it looks like I would have met all the criteria to be eligible for the I-485 status adjustment EXCEPT that my current status of "Withholding of Removal" makes me ineligible for adjustment unless a motion with Court is filed to dismiss my "Withholding of Removal" status. Do I understand that correctly? Thank you very much!