I485 Denied!!! God have Mercy!

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panther0528

Registered Users (C)
Yes, after all the hard work and doing everything that we thought was the correct steps to obtaining my husbands green card...we finally got the answer....DENIAL.

The funny thing is that we also paid our lawyer well over $20,000!

We haven't received the notice yet to explain. But my gut tells me what happened.

My husband applied to get his status through Employment. He is a physician. He was obligating to fulfill three years in an underserved area prior to applying for green card. Well the lawyer applied for the I485 1 year and a half too early. He did so based on some memo which he attached to the file. This was back in Oct 2006.

Realizing it may of been an error on his part, he asked USCIS to kindly hold the application until the three years obligation was fulfilled.

Well the three years have been fulfilled since December 2008.

USCIS didn't give us a denial since almost two years ago....and NOW we get one.

The thing that frosts me is that we were ill-advised and it wasn't even our fault. Now we have lost so much time....

We will be applying through the marriage...which only GOD know how long we will have to wait again.

Anyone out there with any advice or comments please give some...Anyone?

Thank you
 
you could have refiled it again after the three year mark. anyway file MTR through a lawyer. I think you will be back to normal
 
Thanks for the reply. We kept telling our lawyer that we didn't think what he did was right. But he was convinced that we would be approved. So can we reappeal this case? how long will it take?

thanks
 
Did you receive the notice yet? Wait for the notice before trying to do anything. Sometime it is only a minor thing for which the application could be denied and a clarifying letter from you or your attorney is all that is needed to correct it. My wife got a denial notice for her I-485 and after I explained her case and wrote a letter to the Service Center all was cleared and her interview was scheduled within a month at which her case was approved. Good Luck.
MGM
 
banta4gc said:
panther0528 - Your case looks too fishy!

U are talking about something...physician..3 years...$20,000.....WOW! I wonder how much *** you can dump on this forum!!

U are worrying about I-485 denial without even knowing the reason of denial! U seem to blaming your lawyer for something of 3 year wait! Dude, you are not even sure as to why you filed? But, are happy to pick on the lawyer....Dude, give us something that we can believe, before looking for answers on this forum!

My guess is you are 245(i) or 245(k) case of illegal immigrant case - just don't have the guts to admit in this forum!

Pursue your case with your lawyer and makes sure everything is right....instead of bombarding this forum with ***!
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And who do you really think you are? Before making some assumptions and totally making an ass out of yourself, try to be useful. I am not on whatever you are calling a 245(i) or 245(k), I am born in the U.S.A. unlike you! My husband's case is not as fishy as your foul mouth.

Try to have some respect and dignity if you can manage to find some. And while you are picking your jaw off the floor, I will be reporting you to this forum adminstrator.

Have a great day!
 
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panther0528 said:
Yes, after all the hard work and doing everything that we thought was the correct steps to obtaining my husbands green card...we finally got the answer....DENIAL.

The funny thing is that we also paid our lawyer well over $20,000!

We haven't received the notice yet to explain. But my gut tells me what happened.

My husband applied to get his status through Employment. He is a physician. He was obligating to fulfill three years in an underserved area prior to applying for green card. Well the lawyer applied for the I485 1 year and a half too early. He did so based on some memo which he attached to the file. This was back in Oct 2006.

Realizing it may of been an error on his part, he asked USCIS to kindly hold the application until the three years obligation was fulfilled.

Well the three years have been fulfilled since December 2008.

USCIS didn't give us a denial since almost two years ago....and NOW we get one.

The thing that frosts me is that we were ill-advised and it wasn't even our fault. Now we have lost so much time....

We will be applying through the marriage...which only GOD know how long we will have to wait again.

Anyone out there with any advice or comments please give some...Anyone?

Thank you
Click to expand...

I filed through NIW for phyician and in that case you are allowed to file for I-485 prior to finishing the three years of waiver. But if you are US citizen then don't worry about it. I would advise you to file for marriage based I-485 if your husband's Employment based petion is stuck in denial / MTR / appeal etc. Those things takes a long time if not done properly.

Marriage based petition can be filed withuot the help of a lawyer and it will not be that expensive. Plus it will also give your husband an EAD card on which he can continue working.
 
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Thank you for your response. I don't think that he was elgible to file under this NIW waiver because he had to commit for 3 years not 5. It sounds like you are commited for 5 years. Once we get that paper we will know exactly what went wrong.
 
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