spree_ewing
New Member
I130 petitioner. I had a 1485 denial after an interview. The reason the beneficiary was out of status when the I130 was approve. Beneficiary came in the country legally. Whats my next course of action?
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i485 denial
- Thread starter spree_ewing
- Start date
The beneficiary is obviously not an immediate relative of a USC. What category? How long out of status? Would beneficiary be eligible for a visa if going abroad for Consular Processing? That would be the only option. Will beneficiary have to wait out a bar to addmission?
spree_ewing
New Member
Beneficiary is the spouse of the petitioner(immediate relative). Spouse came in January 28, 2004. Visit could be no longer than six months July 28, 2004. Beneficiary has been out of status since which became the reason for the denial of the I485.
What is my next course of action?
What is my next course of action?
What is the status of the petitioner? Don't be so stingy with the details or it will take a long time to get a straight answer.
How did beneficiary enter the U.S.? What sections of law and regulations are cited in the denial? Was the beneficiary placed in proceedings? Is there any criminality involved?
How did beneficiary enter the U.S.? What sections of law and regulations are cited in the denial? Was the beneficiary placed in proceedings? Is there any criminality involved?
spree_ewing
New Member
The status of the petitioner is a permanent resident. The beneficiary entered the U.S. on a six month visit legally, she had been going back and forth for years. The section of the law cited in the I485 denial is section 245 (c) (2). The beneficiary was not placed in any proceeding. There is no criminality involved. The letter states by no fault of your own applicant fail to maintain continuous lawful status. Note we got married years before in the U.S. which was not the issue. This might give you more insight.
The petitioner needs to become a naturalized citizen in order to overcome that ground of ineligibility.
The beneficiary is not an "immediate relative" of a USC. She is in the family based second preference (F2A) visa category: spouse of an LPR. As such, she cannot fall out of status and cannot have unauthorized employment and qualify for adjustment of status. If she has not attained over 180 days of unlawful presence, she might be able to go abroad for Consular Processing and get a visa. However, that is probably unlikely and she would probably invoke the unlawful presence bar to re-entry for 3 or 10 years. See a lawyer.
The beneficiary is not an "immediate relative" of a USC. She is in the family based second preference (F2A) visa category: spouse of an LPR. As such, she cannot fall out of status and cannot have unauthorized employment and qualify for adjustment of status. If she has not attained over 180 days of unlawful presence, she might be able to go abroad for Consular Processing and get a visa. However, that is probably unlikely and she would probably invoke the unlawful presence bar to re-entry for 3 or 10 years. See a lawyer.