I got O1-Visa after denial of my I-485

H

Harraz

Registered Users (C)
After denial of my I-485 (was based on marriage). They asked me to stop working and leave US within 30 days ... My corp. filed an O1_visa petition for me and I got the O1-visa for 3 years...... 3 months later they sent me NTA (notice to appear) in front of an immigration judge on Jan 29th, 2008 becasue I'm no leaglely staying in US now !!!!!!:eek::confused::confused:

I need an advice is that only a mistake form the USCIS !! they didn't check before they charge me !! or it's a big story !!! I'm from Egypt .... I have 2 masters degree, 2 US patents and 10 yrs experience in oil and gas and bio-energy ....

Thanks
 
Hi Harraz,

In which country you got O1 stamped? Take lawyer with you. After I 485 denial, how many days you stayed in U.S. before your O1 petition submission. In which country you got O1 stamped? Is your wife US citizen.

Good luck, I guess you are fine.

abhuda
 
Thanks Abhuda,

My co. filed the O1-Visa one week after the denial of the I-485 with a premium service and I got the O-visa after 2 weeks or after 3 weeks of the denial .. so I didn't stay one day over the 30 days after the denial ... I got it here in US so it's not yet stamped on my passport..... I do not know if I need to get my passport stamped or not ..

I got a lawyer but she's not familiar with my case .....I'm totally confused too
 
Did you leave the US within the 30 days and reenter with the O1 visa in your passport? If Immigration told you to leave and you didn't leave by the deadline, and you didn't file for a change of status (merely getting the O1 approval isn't necessarily a change of status), that could be the source of your problem. You better get a lawyer to prepare you for the hearing and go to it with you.
 
Also consider appealing the I-485 denial, depending on what the denial was based on. If your marriage is genuine you should have a good chance at having it overturned.
 
my marriage was genunine and have proofs for that I just did not care about the green card through marriage b/c my wife was pregenant and could not attend the 2nd interview with me .... and I was separated from her ... but the marriage definitely was with bonafied or with good faith ... .... but I do not understand the point that I didn't change my status ... having the O-visa is not considered as a change of status ...

Thanks
 
Harraz,

Once O1 is approved, leaving the U.S. and getting it stamped from out of U.S. is required to bring your out of status situation in to in status. You missed it and will be in trouble now if you do not have a good attorney to represent you.
Good luck.
abhuda
 
Harraz said:
my marriage was genunine and have proofs for that I just did not care about the green card through marriage b/c my wife was pregenant and could not attend the 2nd interview with me .... and I was separated from her ... but the marriage definitely was with bonafied or with good faith
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Are you still married, and not separated? If so, having a child together is very strong evidence that the marriage was bona fide. Explore your options to appeal the denial (however if you're still separated or now divorced your chances are very low).
... .... but I do not understand the point that I didn't change my status ... having the O-visa is not considered as a change of status ...
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No. Merely getting a visa approved does not change one's status. Either you have to leave the US and reenter with the visa, or file a Change of Status application with the USCIS. Note that the I-485 itself is another type of change of status (that's why it's called "Adjustment of Status"), allowing you to change to permanent resident status without leaving the US and reentering.
 
abhuda said:
Harraz,

Once O1 is approved, leaving the U.S. and getting it stamped from out of U.S. is required to bring your out of status situation in to in status. You missed it and will be in trouble now if you do not have a good attorney to represent you.
Good luck.
abhuda
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I have 2 lawyers, one who got me the O1-Visa through my company and I talked to him he said I do not have to get my passport stamped to change my status ... I need the vise on my passport if I need to travel which is not the case for me ..... having an O-visa should be a change of status regarless if get the o-visa on my passport or not ... I already get a new I-94 ..
 
Jackolantern said:
Are you still married, and not separated? If so, having a child together is very strong evidence that the marriage was bona fide. Explore your options to appeal the denial (however if you're still separated or now divorced your chances are very low).

No i'm divorced now ..... and I live in Ca she lives in AL ... she did not want to move with me ...


No. Merely getting a visa approved does not change one's status. Either you have to leave the US and reenter with the visa, or file a Change of Status application with the USCIS. Note that the I-485 itself is another type of change of status (that's why it's called "Adjustment of Status"), allowing you to change to permanent resident status without leaving the US and reentering.
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I cosulted my 2 lawyers ...they both believe I only need the O-visa stamp on my passport for seek of traveling not to change my status ...it should be changed once they issued to me ...


How come the department of HLS issued this O-Visa before they check my status !! do they work in separate islands !! or they do not use the internet !!
 
Harraz said:
How come the department of HLS issued this O-Visa before they check my status !! do they work in separate islands !! or they do not use the internet !!
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They probably don't know about your O visa. Left hand doesn't know what the right hand is doing. People have had their green cards approved, and then a couple months later their H1 or EAD renewal gets approved!

You should still get a lawyer to go to the hearing, and have the lawyer request dismissal of the case based on your O visa (if indeed it is not necessary to file a separate change of status or exit and reenter the country).
 
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