I485 denied because overstayed with i130 approved??

I am so scared and Confused now.

Hi Friends,
Here is my case:
I am an Indian Citizen married to a USC on 06/29/02
I Entered US on 08/10/98 on F1 (Student visa) valid from 07/30/98 to 12/31/01.
I have renewed EAD (work Permit) several times during my school life till today
1st EAD 07/20/99 --- 07/20/00
2nd EAD 07/21/00---- 12/15/00
Graduated with MBA in the month of May 2001
3rd Optional Practical Training from 07/18/01 ---07/18/02
AOS receipt date 07/25/02 (Filed in Chicago)
4th EAD 09/20/02 ---09/19/03
5 EAD 09/20/03 ----09/19/04
6 EAD 09/20/04 ----09/19/05
7 EAD Just sent my renewal papers a day ago
Finger printed for FBI by INS on 01/16/04 (called FBI on 11/03/04 to check if prints cleared. They were cleared and were sent like in 3 days to USCIS)
AOS interview 05/12/04 (Interview was fantastic)
Could not get a green-card cause the officers said all security checks were done EXCEPT name-check by FBI and hence he could not put a stamp on my passport.
Got Email from Mr. David Hardy of FBI on Dec 7th 2004 saying that my NAME CHECK was PENDING and that USCIS had submitted my NAME on 03/17/04.
Applied and Received AP. It is valid from 4/21/05 to 4/20/06.
Just bought tickets to India for Aug. But looking at what you guys have experienced travelling with AP I am really scared now. PLEASE HELP. To the best of my knowledge I have NEVER been out of status. The thing which stands out and worries me is that I had a gap of 6 days between expiration of my OPT on 07/18/02 and my Receipt notice of adjustment of status on 07/25/02. What do you guys think? PLEASE HELP.

Raju
 
Raju

I would take precaution to take a trip under AP. You mentioned that you had applied and renewed EADs a couple of times when you were a F-1 student. For my understanding, a F-1 student can only apply 1-year OPT (240-360 authorized working days total no matter that you are engaged in actual employment or not) after graduation unless the regulation has recently changed, which I am not aware of. You can renew your EAD as many as you need after filing AOS till you receive your CC. The potential problem is the multiple EADs when you were in F-1 status. Some F-1 students receives EAD during school time due to extreme and unforeseen financial difficulty, but those are rare cases, which need special approval from their school advisors. Of course, if you know that you have a good reason and all documents to validate your previous EADs under F-1 status, you will be ok.
 
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Raju in Philly said:
The thing which stands out and worries me is that I had a gap of 6 days between expiration of my OPT on 07/18/02 and my Receipt notice of adjustment of status on 07/25/02. What do you guys think? PLEASE HELP.

Raju
Click to expand...


Since you had D/S in your I-94, you didn't accumulate any illegal presense.

If I were you, I'd be worried that while you are outside the US, your GC will be approved. Then you may not be able to use AP to enter. Do some research on that, I may be mistaken.
 
Pending AOS Because of Name Check by FBI

Hello amishah,
Thank you so much for your response. Since my gap is of 6 days I was very worried and even that I had mailed my Green card application 2 weeks before that but for some reason the receipt date was 07/25/02. After reading this thread I could not sleep and hence I wanted to clarify my doubts. Thank you so much for your positive response.
Raju,

Hello familybased,
Thank you so much for your response. Your are absolutely RIGHT. When I was on F1 status I had EAD which were issued by the INS (These EAD were issued to me by INS after I wrote them letters of unforeseen financial difficulty I have the receipts and all the cards which were issued by the INS). Yes I also had to take permission from my international office and dean in order to file these papers (after all they filed it for me so it was approved) So what I said in my post can all be verified and I have all the documentation for it. Not to mention I was in full status and going to school and taking full 9 credits (Except in summer when it is not compulsory to take credits at least it was that way for F-1 students in 1998,99,00,01 I don’t know about now since a lot changed after 9/11).Hopefully I should be okay travelling to India this Aug. Once again thank you for your response.
Raju

Hello LucyMO,
Thank you so much for your response. Thank you for bringing up a very good point of what happens if a AOS pending case is approved while the person is out of country. I will look in to that. I am hoping it should be fine after all the person has a green card now and I am sure their computers get updated on every case. In any case a great point. Thank you so much.
Raju
 
Hey "Raju in Philly"

Raju in Philly said:
Hi Friends,
Here is my case:
I am an Indian Citizen married to a USC on 06/29/02
I Entered US on 08/10/98 on F1 (Student visa) valid from 07/30/98 to 12/31/01.
I have renewed EAD (work Permit) several times during my school life till today
1st EAD 07/20/99 --- 07/20/00
2nd EAD 07/21/00---- 12/15/00
Graduated with MBA in the month of May 2001
3rd Optional Practical Training from 07/18/01 ---07/18/02
AOS receipt date 07/25/02 (Filed in Chicago)
4th EAD 09/20/02 ---09/19/03
5 EAD 09/20/03 ----09/19/04
6 EAD 09/20/04 ----09/19/05
7 EAD Just sent my renewal papers a day ago
Finger printed for FBI by INS on 01/16/04 (called FBI on 11/03/04 to check if prints cleared. They were cleared and were sent like in 3 days to USCIS)
AOS interview 05/12/04 (Interview was fantastic)
Could not get a green-card cause the officers said all security checks were done EXCEPT name-check by FBI and hence he could not put a stamp on my passport.
Got Email from Mr. David Hardy of FBI on Dec 7th 2004 saying that my NAME CHECK was PENDING and that USCIS had submitted my NAME on 03/17/04.
Applied and Received AP. It is valid from 4/21/05 to 4/20/06.
Just bought tickets to India for Aug. But looking at what you guys have experienced travelling with AP I am really scared now. PLEASE HELP. To the best of my knowledge I have NEVER been out of status. The thing which stands out and worries me is that I had a gap of 6 days between expiration of my OPT on 07/18/02 and my Receipt notice of adjustment of status on 07/25/02. What do you guys think? PLEASE HELP.

Raju
Click to expand...


Hey Raju,

How do u and what do u write to FBI to check whether your name & FP has cleared or not? I have an AOS Interview in August at Newark , NJ. Is it advisable for me to check W/FBI whether my name & FP has cleared or not?
 
Hello sap12452003,
Well me and my wife were interviewed for our AOS in may 2004 and I am still waiting to clear my NAME CHECK. Since then I have sent letters to FBI asking for an update or progress on my name check and they have not responded. The only response I got was letting me know that the USCIS had submitted my Name for a name check that is all. I have even contacted senators and congressman and there have been no response. As far as phone numbers, fax numbers and email of the FBI are concerned well you will find it here there are couple of threads with the subject line NAME CHECK it has been a long time now since I enquired so I don’t have any numbers or email address as it has really not helped me. Hope that answers your questions. Good luck with your AOS interview.
Raju
 
Overstaying and I-130 is already approved

My sister is here in USA with a visitor visa to see my dad because he is sick. My dad is a US citizen and applied I-130 for my sister and her family in 2007. Her I-130 is already approved but she had to wait for visa to become available.. since my dad is sick and she had to come here and visit him, she had to apply for a visitor visa. Her visitor visa is for 3 months and she wants to overstay. what exactly do we need to do in order to make sure this happens legally and how long the whole process of applying for immigration could take?
 
She is in the family 3rd preference category, which isn't going to become current anytime soon, so she must leave the US within the allotted 3 month limit. Overstaying will jeopardize her eligibility for the green card.
 
Because of the filing status, her overstay will not be "forgiven" as you read about for spouses of a USC.

And the date she should be concerned with is that on the I-94 not on the visa. Visa controls entry; I-94 controls stay.

If you are also a USC, you should file for her in the sibling category.
 
Do not waste another penny; I have been through the process as a single son of an American citizen no children and financially successful person with assets into the millions, I went through the whole process it took 20 years for me to finally get an interview after my applications "disappeared" and I had to reapply, I provided 20 years of heavy taxes paid to the USA, clean record, only son of an American that financially depends on me and a clear never ill health record.

I was informed that I am subject to a ban of 10 years the second I leave for my interview because I overstayed a visa, but off course i received the traditional INS grin and congratulations your application is complete just go home for your interview, I spent about $20,000 in legal fees just to find an angle around the 10 year ban.... Quite simply put there is not one single lawyer in this country that can change this ban...

I have congress persons that are my relatives they could not help me, and FBI agent that is a relative they tried and got no where and an Ambassador relative tried and had the door just about slammed in their face.

The problem with the INS is that it is run by a large percentage of people that hate immigrants and think they are doing good for the USA by saying NO thousands of times a day like in your case he just got up and walked out the door which basically treated you guys like you were nothing, INS officers are cruel sadistic people that act in an inhumane fashion that is why they smirk when they deny they find it amusing that they can destroy families at will.

Your best bet is to not spend another dime and just go on about your life you just will never be able to go home to your original home just stay in the USA and live out your days other wise you will spend a lifetime trying to get back in.
 
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