I485 denied because overstayed with i130 approved??

I

I485_hell

Registered Users (C)
hello all
yesterday was my interview for the green card in NYC and got the terrible news that because of leaving the US with an advance parole i had triggered a law from 1997 that puts me into an "overstayed visa" and not elegible for GC.
the story
got married in 1998 with a US resident. at the end of year my husband applied for the I130. I left the US in june 1999 (so i dont overstay on my tourist visa from nov98, but when coming in, the INS officer said not to leave until the case was solved).
In Aug 99 got the approval for the I130. After that i stayed in the US without applying for extension because i was told that my status was "pending" and my tourist visa was no good and i was legal as long as i had the I130 and had a pending case.
My husband filed in aug 2001 for his citizenship, but because sept 11, his application was delayed for 1 year. in March 2003 he was sworn in as a USC. in april he applied for the adjustment I485 and the I765 work permit for me. we received no news that this applications were received. but i went to 26 federal plaza and got my work permit and SSC. Then in feb 2005 i got the FP notice, did it, and in april 2005 got my interview notice letter.
My husband and me prepared all the docs, taxes, letters, pictures, lease, bank account... everything the list said and went to the interview. When we were called the officer started the interview
1. asked for ID
2. asked for passport and I94
3. asked me when was the last time i came in the US to stay
i said june 99
4. asked when did i travel out of US (had my passport)
i said i had asked for an advance parole 8 months after i applied for I485 and got the parole approved and so went to visit my family (that i had not seen in 5 years) in feb 04 ( couple of days due to work limitations) then in april04 (2 weeks) and then in xmas 04 (my family is in venezuela).
the he smiled and said that me leaving the US WITH an advance parole had trigger me to be ILEGAL from 99 to 2004. that i had overstayed my visa and told me i would be getting a 601 waiver (and that it was VERY difficult to apply and would need a lawyer) and that i was in deportation process. MY husband and i were baffled and did not know what to say, but when we said we had a I130 approval from 99 and that made me pending the officer just stood up and said "the interview is over" and went out of the room.
he didnot listen to anything else, looked at any other papers, letters, birth cert. (im british), achievement certificates, pictures.. nothing... the interview took 5 minutes and he didnt want to discuss anything else...
we thought this was a disgrace and my husband as a US citicen has rights...
but we dont know what to do... or how to get help for the 601 waiver..? anyone has experience with this???
all the HELP is very well appreciated!!!

thank you for your time
manu
 
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Hire a lawyer

The the law is very clear about the 10 year ban.

You should contact a good lawyer as soon as possible that is expert in this kind of cases.

Good luck

Krona
 
bad advice?

thanx for replying krona, but
why does my congressperson, and the INS officer told me to stay, that the I130 approval makes my case PENDING.. not ilegal??

why is this bad information out there for people like us that could not afford a lawyer at that time??

what else could i have done to stay with my husband from 99 to 04? what kind of extension? or visa?

thanx
 
Hi

Your application was denied because you left the country before your Adjustment of Status was aproved(I-485).

The I-130 is a Petition only

The 485 is the Adjusment of Status



You have to remember that even with the Advance parole letter, your overstay will trigger the 10 year ban ones you LEAVE the country(your trip)

You did leave the country and that why you application was denied.


The answer to your question is that you should not (Even with the Advance parole) leave the country until you I 485 was approved.


Check the link
http://uscis.gov/graphics/publicaffairs/advisories/advisory.htm


Good luck and hire a lawyer.

This is my personal opinion. I'm not a lawyer.

Check with a lawyer for better info.

You should not depend in newsgroup in the stage.
 
You got married in 1998.

you should just wait until your I 485 was approved.

Because you overstay(over a year) you could not get any kind visa to clear the over stay.


The clear only would come when you application (I485) was approved.
 
The congressman and the INS officer were correct when they say you could stay.

If you have " STAY" and not Travel(Even with the Advance parole) you case would be probable approved with no problems.


Sorry for the bad news but, now is time for you to get professional help.


Wish you good luck.

Krona
 
Correct me if I am wrong. Since her husband is a USC, her previous overstay would be forgiven if the applicant is in the U.S. to adjust her status. Let's say that she has trigged 3/10 ban after leaving the country. The immigration officer should have denied her entry at the port because of her previous overstay and advised her to file I 601 waiver at the U.S. consulate in her native country. Now she was inspected and allowed to enter under the AP, should she entitle AOS as a USC spouse?
 
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I was under the impression that if you file I-485 your status is "pending" so you are not out of status, so if you get AP you can travel while is pending;

so now I'm confused, that means you can travel with AP as long your travel while your last date of permit of stay is current or less than 180 days after that?

or she got in trouble because she travel on i 130 approved and she should waited until she had a I 485 filed ?

I don't undestand what an AP would be good for, if you can't travel,

do I make any sense?
 
but i know a case

my sister in law, had a very similar case...
she married in 97 and did not leave until she got her advance parole in 2004. she is also from venezuela and also married a resident, in 2002 her husband became a citizen and applied for I485, then she applied for travel permit/advance parole and left to venezuela for 1 month.
then came in the US, without problems, just like me.. and 2 weeks ago had her interview...

and was congratulated by the officer for getting the advance parole to leave... her i485 was not approved either, when she left...

how come she didnt stay illegally??
is it just the discretion of the interview officer to enforce the ban or is there something else...??
im in search of a lawyer and have a meeting with one, that specializes in deportation cases this afternoon.
thanx for all your help!
ill advise of the info i get today

m
 
Did she become illegal because the I485 was not filed with I 130 and there is a gap between I 130 and I 485 filing. If both were filed together the nshe would have been ok.
 
i didnt travel after i got my I130 approved. that was in aug. 99. i stayed in US without leaving.
then in 03 my husband became a USC and applied for the adjustment of status I485, then 8 months later i applied for the AP and in feb. 04 is when i traveled abroad. I also think that if i had overstayed from 99 to 2004, i would have been stopped coming in the US.

this is all very confusing and noone seems to have the correct info.
The interview officer said me leaving with AP triggered the overstay in visa from 99 to 04.
the lawyer this morning, said regardless of AP i overstayed my visa from 99, because i just had a I130 approved and that means nothing.

if i was an overstayed visa, shouldnt i have been DENIED the elegibility fro I485? and even the AP?
is it a trick, so u leave the US>?

thanx and please anybody in my situation, ask a lawyer before u leave the US even with AP.
m
 
tangohi said:
Did she become illegal because the I485 was not filed with I 130 and there is a gap between I 130 and I 485 filing. If both were filed together the nshe would have been ok.
Click to expand...
They could not file I130 & I485 together since he was a GC holder at that time.
 
Pending or Approved I-130

Hello,

Pending or approved I-130 with CIS doesn't give you any status. You were clearly misguided by somebody.

Anyway its sad to hear that.

You didn't mention whether you were on country (USA) during december 2000, particularly on December 21, 2000. If you can prove that you were in USA on December 21, 2000, you can apply for AOS(I-485) by simply paying addition $1000 penalty under LIFE act, no matter for how you overstayed your visa. Though I am not lawyer I guess that is simpler & faster than applying for Waiver.

For more information on LIFE act visit http://uscis.gov/graphics/howdoi/hdi245i.htm or consult Lawyer if you are not Guru in immigration matters.

Again I am not Lawyer but just frank, friendly advice to fellow forum member.
 
Like my lawyer told us...."they will give you AP....but that doesn't mean they will let you re-enter"

My lawyer said that once you overstay at any point...if you leave and come back - you will trigger the 3/10 rule. We HAVE to wait until we have that piece of plastic - GC in our hands before leaving the country.

I feel for you and others that have gone years without seeing family. By the time my husband gets his green card...it will have been 8 years since last seeing his children that were 1 and 3 when he left!

I would definitely get a lawyer at this point....this is too important.
 
sap12452003 said:
You didn't mention whether you were on country (USA) during december 2000, particularly on December 21, 2000. If you can prove that you were in USA on December 21, 2000, you can apply for AOS(I-485) by simply paying addition $1000 penalty under LIFE act, no matter for how you overstayed your visa. Though I am not lawyer I guess that is simpler & faster than applying for Waiver.
Click to expand...

yes i was in the US at de. 21 2000. maybe i can apply that LIFE act law and pay the $1000 penalty, its better that the waiver which will cost us $3500 with the lawyer i just talked to.

information for anybody that has a pending case and more if its a I130 approved and are in the US. i u stayed more than 180 days waiting for the apporval of I130 or I485 or any other govt. paper, please DONT LEAVE the country even with an advance parole, in this case dont even spend the $120 on the AP. talk to a lawyer before u plan to leave, because it WILL have severe repercussion on the day of your interview. It totally depends on the OFFICE who interviews u, if he will enforce the 3/10 ban through the 601 waiver or if he will not care and approve yor I485. PLEASE DONT LEAVE THE US, like the lady sais, wait for your piece of plastic GC before u leave.

thanx for everybodys comments and help!
i have a lawyer now and he tells me my case looks very good, because im not a criminal nor have i lied in my papers nor interview, but still i will have to go to the hassle of getting personal reference letters from employers and gubernamental entities and will have to pay top $$$$ for my bad advices and missknowledge...
thank you all!
m
 
Unfortunately you are going to need to apply for the in-country 601 waiver. There is a site that specializes in waivers and hardships letters which you will need. Theres lots of support on his site and you will be able to find your answers with people in the same situation. Post your question in the I-601 section on this site: www.immigrate2us.net
 
Just to inform

You said:

"""03 my husband became a USC and applied for the adjustment of status I485, then 8 months later i applied for the AP and in feb. 04 is when i traveled abroad. I also think that if i had overstayed from 99 to 2004, i would have been stopped coming in the US."""


1-You applied for I-485- you did not have the I485 Approved.

2- 8 months later you still with the I485 no approved.

3- The fact that you were let In does not mean much.Maybe the Immigration officer did not take the time checking you complete peding process. Good luck i presume. If they have send you back that day i presume would be much hard for you to come back.


4-You may get the advance parole but the 10 year ban OVERLAP the adavance parole. The immigration link that i gave you talks about the problem that you may have if you leave the country if you still have a not approved I485, when you overstay you visa.

5- When you left in 2004(Even with advance parole) you triggered the 10 year ban.

Wish you good luck and in my personal opinion you should not play with this right now.

You are in deportation process(the immigration officer told you). Get a second job and paid to a lawyer that is Super good and fix this problem.

Good luck

Krona
 
hi iahve been following the post....
they r few things i didnt get from the disscussion, i understand that if u have applied for AOS i485 pending and if u need to travel outside the u.s u need an Ap rite??!!
even if u have overtstayed the visa staus u still have a pending case , doesnt that help u ????
other thing is that i was here on a B2 vistor visa i entered the u.s on jan of 2005 this year,got a 6 months entry valid till july 2005, my wife was a PR got her US citizenship in march 2005 .i applied the I 485 pakage in april 2005.
i am waiting for EAD and Ap. say like if my AP gets aprroved . and plan to travel before july ( that being b4 my status expires ) witg this senario will my case of AOS will still be denied if i travel with a AP with a pending AOS?????.
any inputs appreciated!!!!!!!
thanks :confused:
 
krona12345 said:
1-You applied for I-485- you did not have the I485 Approved.

2- 8 months later you still with the I485 no approved.
Click to expand...
TRUE
krona12345 said:
5- When you left in 2004(Even with advance parole) you triggered the 10 year ban.

Wish you good luck and in my personal opinion you should not play with this right now.

You are in deportation process(the immigration officer told you). Get a second job and paid to a lawyer that is Super good and fix this problem.

Good luck

Krona
Click to expand...
yes i see now that my mistake was not dig deeper into the consequences of leaving with AP when having overstayed on what i thought was a pending case.
i have already talked to a good lawyer who also knows me as a person so i believe he will do the best for us. i will have to spend around $4000 WAO!!
i also found out that is the discretion of the OFFICER who interviews you to enforce or not the ban, if an officer is less cruel, he/she will look at all the facts on why you left with AP and of taxes and life... and decide that your 485 is approved, although you did brake the law, by going outside when overstaying on pending status.
they are making the letters and will help us write the extreme hardship letter. its not easy or 100% full proof, but is the only thing we can do, and hope the court of immigration judge accepts my apologies because of the circumstances that i left with AP and of the missguidence i received from govt. officials.
i was also told by lawyer that i can appeal the decision and if i feel i have a strong case, not answer the 601waiver.. but i think that will be worse, so will do the 601 waiver and write all the letters necessary..
i asked about the LIFE act from 2000 to see if i apply too!

THANK YOU everyone for all your help and input!!

mr needy said:
hi iahve been following the post....
they r few things i didnt get from the disscussion, i understand that if u have applied for AOS i485 pending and if u need to travel outside the u.s u need an Ap rite??!!
even if u have overtstayed the visa staus u still have a pending case , doesnt that help u ????
other thing is that i was here on a B2 vistor visa i entered the u.s on jan of 2005 this year,got a 6 months entry valid till july 2005, my wife was a PR got her US citizenship in march 2005 .i applied the I 485 pakage in april 2005.
i am waiting for EAD and Ap. say like if my AP gets aprroved . and plan to travel before july ( that being b4 my status expires ) witg this senario will my case of AOS will still be denied if i travel with a AP with a pending AOS?????.
any inputs appreciated!!!!!!!
thanks :confused:
Click to expand...
if u do not overstay for more than 180 u are OK. if u travel b4 july u still have never been overstaying any visa, i dont see a problem. bu anyways talk to a lawyer.... officers can be very cruel and not explain things right.

m
 
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