I485 Denied for Friend and Need Experts Advice. Very Urgent!

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needhelp1

Registered Users (C)
A friend of mine got his I485 denied after going for a personal interview last month as the employer who has sponsored his I485 is his brother's firm and when the interviewer came to know about that information after 30 minutes of interview, she has denied the application for AOS. And when he tried to appeal to reopen the case, he has been asked to submit the Affidavit of Support from the company and since his employer is his brother and who is still not a permanent Green Card Holder as his brother got his permanet residency through Asylum and he has been approved by judge for asylum and he is waiting for his GC Plastic Card, So his brother's affidavit of support document is not going to support his Motion to Reopen the Denial.

My friend is a skilled goldsmith worker and he does Ornaments and he has applied in EB-3 category using 245i. This person has his wife and son back home in India and they have been waiting from the past 4 years to join him. I felt very bad and I am just trying to help him in getting feedback from All Guru’s Out there in this forum.

Now what are his options?

Can he use AC21 and show to INS that he has a different employer who is willing to support his I485. Please note that he already has found a New Employer who is willing to support his case on humanitarian grounds.

This person is not highly educated and he has very limited knowledge of immigration and his Lawyers are exploiting him and he has already paid large amount of money for his Green Card Process till date.All this mess has happened due to Lawyers negligence and if Lawyer would have guided my friend properly, he would have filled through somebody else instead of his brother.
 
needhelp1 said:
Can he use AC21 and show to INS that he has a different employer who is willing to support his I485. Please note that he already has found a New Employer who is willing to support his case on humanitarian grounds.
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sorry to hear about your friend's case.
But check with some experts about using AC21. Make sure that his new job is similar or same as that of the previous one.
 
Thanks Guys for your reply.
Unitednations,
His brother has a private business and it is not a corporation and rightnow he is looking into using AC21 as he found a bigger company in the same field. But my question here is Since he has already been called for an interview and being Denied, Can he now make use of AC21 Law. Because my understanding of AC21 is that you can change employers after 180 days of I485 when pending. But, here in his case, now it is not pending and it is denied. Please clarify and thanks for your response.
unitednations said:
ac21 may be an option. Is the employer a corporation. If it is why don't you get the brother to "sell" his shares to a person whom he trusts. In this way he will not be related to the company any longer and he probably will not have to provide affidavit of support.

Just my two cents.
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I think this is an excellent suggestion and I will ask him to do more research on this one, if he cannot make use of AC21 immediately. Thanks a Bunch!

You should actually become a consultant for all NOID cases :)

unitednations said:
Another thing that could be done is that is 140 is still good. He could apply for another 485 wait six months and then do ac21 on the new 485. He can actually move to the other company right now since greencard is for a future job. after six months of pending 485 he could then send in ac21 letter informing the change of intent.
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Yes. He asked and my friend told the truth and that's the problem here. He was scared that since the last names of both the person's are same and if he lied, and if the interviewer already had observed and investigated, he would have lost everything.

Now he is paying the price for Saying the TRUTH!
tammy2 said:
How did interviewer came to know that his brother owns the company? Did he ask?
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i485 denied because affidavite support is not valid

needhelp1 said:
Yes. He asked and my friend told the truth and that's the problem here. He was scared that since the last names of both the person's are same and if he lied, and if the interviewer already had observed and investigated, he would have lost everything.

Now he is paying the price for Saying the TRUTH!
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Thank you very much.you are right i am paying the price for saying truth.I read all posts .thanks again .can i use same labor and i140 approved for refile i485 with new employer(ac21)please give me advice.
 
You are most welcome lvsonii and we are here to help each other and I think all I did was to share some of your stress and help you out with forum members valuable solutions. Good Luck to You!
lvsonii said:
Thank you very much.you are right i am paying the price for saying truth.I read all posts .thanks again .can i use same labor and i140 approved for refile i485 with new employer(ac21)please give me advice.
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lvsonii said:
Thank you very much.you are right i am paying the price for saying truth.I read all posts .thanks again .can i use same labor and i140 approved for refile i485 with new employer(ac21)please give me advice.
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Ivsonii,

Sorry to hear about the denial. If you read unitednations post above you will get answer to your question. He has given you correct advice. Refile I-485 using same I-140.

Also, I know you must be feeling bad, but my friend you are not being punished for telling the truth, but for being ignorant about the rules, which says a family member may not file for your eb GC. Sorry if I sound harsh, but this time please do full research and reapply. All the best to you and I hope you get your GC one day.
 
Actually, when I was discussing his case with him, he did say that it was clearly mentioned in the Affidavit of Support that the immediate family members will not be accepted, but his Lawyer has completely misled him and taken large amount of money to file his case. I think this time, he is making sure that he is going through a good lawyer with full research.

I think One should always try to follow the correct path of saying the Truth even though one faces difficulty as it will definately help on the long run. My 2 Cents!
sertra2002 said:
Ivsonii,
Also, I know you must be feeling bad, but my friend you are not being punished for telling the truth, but for being ignorant about the rules, which says a family member may not file for your eb GC. Sorry if I sound harsh, but this time please do full research and reapply. All the best to you and I hope you get your GC one day.
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needhelp1 said:
Actually, when I was discussing his case with him, he did say that it was clearly mentioned in the Affidavit of Support that the immediate family members will not be accepted !
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What affidavit of support he is talking about?
 
when i told immigration officer i am working in my brother company after she asked me your brother filed for your gc so your brother has to submit his personal affidavite support with gc card copy.then she write new pending on my passport.i told her my brother got aslum granted untill today he didnot recieved his card.same day we submitted my brother personal affidavite support.she told me i will send you letter after one week i got deniel letter your i485 is denied because of your brother is not citizen or not permenent residence.
 
explore the option of switching to L1 after acquiring 51% stake in your brothers company.
Talk to a lawyer.
I am not sure but you can explore any and every option right now
 
lvsonii said:
when i told immigration officer i am working in my brother company after she asked me your brother filed for your gc so your brother has to submit his personal affidavite support with gc card copy.then she write new pending on my passport.i told her my brother got aslum granted untill today he didnot recieved his card.same day we submitted my brother personal affidavite support.she told me i will send you letter after one week i got deniel letter your i485 is denied because of your brother is not citizen or not permenent residence.
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When they asked you for whom you are working why did you tell your brother's company ? Just you should have told the company name without bringing your relationship. Was their any specific reason or did he ask?
Now after knowing your relation with company if you use same I-140 again they may raise the same question again.
 
tammy2 said:
When they asked you for whom you are working why did you tell your brother's company ? Just you should have told the company name without bringing your relationship. Was their any specific reason or did he ask?
Now after knowing your relation with company if you use same I-140 again they may raise the same question again.
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starting of interview she asked me which company and what is the owner name?i told her company name and owner name.after she asked me IS HE YOUR RELATIVES?then i told her he is my brother.because of same sir name .
 
lvsonii said:
starting of interview she asked me which company and what is the owner name?i told her company name and owner name.after she asked me IS HE YOUR RELATIVES?then i told her he is my brother.because of same sir name .
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I am sorry. It is rally a bad luck. All the best in your Appeal.
 
Only 1 bite of the apple

needhelp1:

Your friend needs a good lawyer.

Just re-filing the I485 won't work, particularly as he has used his one shot at 245i. It is apparently the services opinion that you get the 245i protection only for one I485, if that gets denied he is out of luck.

Filing an employment based case through a family member is not allowed **ok, so it's allowed but it is really tricky, the premise of a LC is that the job was available for a citizen which is somewhat doubtful if the employer is a very small company owned by a close relative**.

It sounds like your friend has one of the ruthless greedy lawyer types that file futile petitions with overblown fees and continue to suck the lifeblood out of their victims until their last appeal is exhausted. (these guys should be publicly whipped, tarred and feathered. It is the perfect crime, exploit an undocumented immigrant, nobody is going to go after you.)
 
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when i did motion to reopen i submitted 2 new citizen affidavite support.one of my friends and one uncle they did affidavite support but after motion to reopen denied because of only they need my brother affidavite support not any other citizen affidavite support.immigration need initial sponsor not any solo sponsor.immigration says you submitted both citizen are solo sponsors.I filed my labor certification in 245i law can i use same labor and i140 approved with new employer(ac21)?Please give me advice.I am very dissappointed right now.
 
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Interesting.

UN,

If there is MTR, case is not in pending stage. It is still denied till verdict is otherwise. Like a cricket match, if batsman is ambiguously considered to be out, he cannot play next ball, till third umpire rules otherwise. Game has to stop. But I like your intent to help - keep it up.

Ivsonii, needhlp1,

It is not a matter of telling truth. USCIS knew about it atleast right from begining of interview - you realized it when they asked you. Good thing is that you accepted it.

Wrong part was submitting personal affidavit of support. Your case is EB case and by giving personal affidavit of support, you declared that it is indeed family based and fake. Worse still you did it same day. Did you talk to a lawyer before doing so? I am sure no lawyer would ever advise you to do so. Now don't tell me a lawyer advised you to do so. I can bet you used same lawyer that your brother used for asylum.

Most likely the reason of denial is one of three:
1. It is mentioned by the angel who interviewed you that it is family based case and filed on wrong category. Then she has wasted your time - if you get a good lawyer.
2. It is a case of denial based on the fact that company cannot pay you.
3. USCIS has 6th sense to smell intent and they found it a fake case. This is defendable but will take longer.


What are the options?

First of all, affidavit of support from company is must. I maybe missing something obvious here, as everyone is of the opinion that it won't matter. Please point me why!

There is no rule which says that brothers can't share employee employer relationship or that asylee cannot be employer. But certainly getting a denial based on the fact that company cannot pay is always possible. To make is sound real, do you maintain a separate residence than your brother, pay bills separately? I guess no. Has your brother got sufficient income thru his company? Try to check out what UN has posted in VSC 140 on ability to pay. You may be able to deduce points out of it for yourself.

Next point is that do not rush or save money, if you do not understand it. I may sound harsh but if you take this line constructively, it can save your green card and many more things in life.

You may ask your brother to sell his company to someone else, who has a good finance. (someone should acquire it basically).
 
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