i130 disapproved need some input

U

Uniden

Registered Users (C)
Hello everyone I'm new here and will appreciate as much information/input given to me by fellow members. So I had my i130 appointment on Wednesday. Everything went smoothly except for the fact that the petition was disapproved. The reason being that I was out of status when my Dad initially filed for residency on my behalf. I came here Legally on a visitors visa and had overstayed. The said visa expired shortly there after. Could the disapproval have been avoided if my dad had paid the thousand dollar penalty for me overstaying when he first filed for me? Has anyone else been in the similar situation as I am? Would love some feedback as to how this was resolved. PS the immigration officer was a really nice guy and said that we should expect a detailed disapproval notice in the mail within a month or so. He also recommended that we hire an immigration lawyer. Whilst I am waiting I just need some advice ahead of time. Thanks
 
Are you under 21? Or were you under 21 when the I-130 was filed? Is your father a US citizen? Was the interview inside or outside the US?

Your answers to the above questions will affect your options.
 
I came to the US in August 2002 at age 16(been here since then). My visitors visa expired in March 2004. Later that year(2004) my Dad Received His Greencard and filed an i130 for me which was approved in 2005. In 2009 my dad became a US citizen. He then wrote USCIS to have my case upgraded. In January 2010 we were then notified to file the necessary paperwork,which was an i130 & i485 that were submitted concurrently. An approval notice for the i485 arrived in the mail after. Shortly afterwords I was called in to have my biometrics taken. Then the USCIS notified me to come in for my final interview which I was unsuccessful at for the reason previously mentioned.
 
First of all, when your visitor's visa expired is irrelevant. All that matters is when your I-94 expired - usually 6 months for visitor visas.
Also, what do you mean by I-130 and I-485 were submitted concurrently? Your I-130 was filed by your father. And, are you sure you got an "approval notice" for I-485? I highly doubt it - you overstayed and were out-of-status - you weren't even eligible to file I-485.

At this moment, the only thing you can do is get married to a USC and do the I-130/I-485. If you get caught now, you WILL be deported, and if you leave USA now, you will be banned for 10 years.
 
You do not qualify as an "immediate relative" like a spouse or parent. Illegal presence (overstay) is not forgiven.

Marriage strictly for an immigration benefit is fraud and a deportable offense.

You should exit the country and begin serving your ban.
 
Uniden said:
I came to the US in August 2002 at age 16(been here since then). My visitors visa expired in March 2004. Later that year(2004) my Dad Received His Greencard and filed an i130 for me which was approved in 2005. In 2009 my dad became a US citizen. He then wrote USCIS to have my case upgraded. In January 2010 we were then notified to file the necessary paperwork,which was an i130 & i485 that were submitted concurrently.
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No they weren't filed concurrently. Filing concurrently would have meant the I-485 was filed together with the I-130 in 2004. But if filed concurrently they would have rejected the I-485, because your father only had a green card at that time.

How did your father get his own green card? Depending on how he got his GC, you might have been able to obtain a derivative green card in 2004 or 2005 if your father did things correctly and you left the US before 180 days past your 18th birthday. You wouldn't have been eligible for I-485, but the 3-year or 10-year bars wouldn't apply to you for overstaying when under 18, so you could have gotten approved for a GC at a consulate outside the US if your father's green card category allowed derivative GCs.

An approval notice for the i485 arrived in the mail after.
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No, the I-485 approval did not arrive. Either it was an approval for the I-130, I-131, or I-765. I-485 approval means green card approval, and they would not have interviewed you after an I-485 approval.
 
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Jackolantern said:
No they weren't filed concurrently. Filing concurrently would have meant the I-485 was filed together with the I-130 in 2004. But if filed concurrently they would have rejected the I-485, because your father only had a green card at that time.

How did your father get his own green card? Depending on how he got his GC, you might have been able to obtain a derivative green card in 2004 or 2005 if your father did things correctly and you left the US before 180 days past your 18th birthday. You wouldn't have been eligible for I-485, but the 3-year or 10-year bars wouldn't apply to you for overstaying when under 18, so you could have gotten approved for a GC at a consulate outside the US if your father's green card category allowed derivative GCs.


No, the I-485 approval did not arrive. Either it was an approval for the I-130, I-131, or I-765. I-485 approval means green card approval, and they would not have interviewed you after an I-485 approval.
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I think the OP must be talking about the I-485 receipt notice. I mean, look at the thread title - title says I130 disapproved - but then he says I130 was approved but I485 was denied after they sent approval letter.
 
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I figure what happened is that the I-130 was approved, then the I-485 was filed and a receipt obtained, then the interview was for the I-485, and the I-485 was denied.
 
Jackolantern said:
I figure what happened is that the I-130 was approved, then the I-485 was filed and a receipt obtained, then the interview was for the I-485, and the I-485 was denied.
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My apologies for posting wrong/conflicting information. The I-130 was indeed approved & the I-485 was disapproved because my father did not pay the penalty for me overstaying.
He then refiled another I-485 this time paying the penalty. Biometrics notice was received & then submitted. Shortly there after we got another notification requesting that an affidavit of support was to be filed on my behalf,which we did. A couple days later I checked the case status via USCIS & was informed that it had been transferred to the National Benefits Center (NBC) for processing. What Should we expect from the NBC?
 
Interesting and very confusing.............
NBC (Nation Benefits Center) is the place where the processing is taking place. Keep on checking the online status of your case and also keep us posted.
Good Luck!!!!!!
 
Uniden said:
My apologies for posting wrong/conflicting information. The I-130 was indeed approved & the I-485 was disapproved because my father did not pay the penalty for me overstaying.
He then refiled another I-485 this time paying the penalty. Biometrics notice was received & then submitted. Shortly there after we got another notification requesting that an affidavit of support was to be filed on my behalf,which we did. A couple days later I checked the case status via USCIS & was informed that it had been transferred to the National Benefits Center (NBC) for processing. What Should we expect from the NBC?
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You're going to get denied again. Being allowed to adjust as an unlawfully present non-IR after paying a $1000 penalty only applies to people who were in the US early enough (before December 21, 2000) and filed the relevant paperwork early enough (before April 30, 2001) to qualify for 245(i) protection. It doesn't appear that you qualify, because you arrived in 2002, which was too late.

Have you seen an immigration lawyer about this? If not, arrange a consultation with one.
 
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Jackolantern said:
You're going to get denied again. Being allowed to adjust as an unlawfully present non-IR after paying a $1000 penalty only applies to people who were in the US early enough (before December 21, 2000) and filed the relevant paperwork early enough (before April 30, 2001) to qualify for 245(i) protection. It doesn't appear that you qualify, because you arrived in 2002, which was too late.

Have you seen an immigration lawyer about this? If not, arrange a consultation with one.
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Yes I do have an immigration lawyer representing me. He assured me that I was eligible to adjust my status and then refiled the I-485.
 
The only possibility that the attorney may be banking on is "grandfathering" on to the father's petition. It is a REMOTE possibility but we have not been given sufficient detail about that situation on this blog.
 
Received my Employment Authorization Card in the mail today.:cool: Will now apply for a social security number.
 
Got some great news today, after so many delays I finally had my interview done and my case was approved. I can now breathe a sigh of relief and visit my family which I haven't seen in almost 10 years. Interview went great. The officer, an older gentleman was friendly and humorous. Only asked me the standard Yes/No questions. He did not even Go through The documents that we carried to the interview. As he put it my case was simple and straight forward since I was grandfathered under my dads petition. That was confirmed when he entered the case/receipt# for the Approved i130 that my grandmother filed for my dad. Overall the interview was a cakewalk.
Man if only we had known about grandfathering when my first i485 was filed. That would have saved us a lot of time. But Like the old cliche' goes you live you learn. With that said, best wishes to everyone on their immigration journey.
 
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