MTR - Urgent help needed

[Hadasa]

MTR (I290B) is filed to reconsider I485 denials (dependants, in 8th year now). They do not have status now. The case is reopened on 09/22. As per the lawyer they can stay until Nov 17 (180 days since I485 denial). We are thinking of leaving US by that time. We are not sure whether we can stay as BCIS reopened I485. Does someone know whether we can stay until a decision has been made on I485?

 

[Hadasa]

Primary's GC was approved in May. The letter from BCIS says
" After review, we have reopened the above application or petition, or reconsidered the decision previously issued. you will receive a notice under separate cover once all action has been completed".

i290B filed in July
i485 reopened in Sep

I am not sure who made the decision to re-open (original officer or AAO).

The reason for I485 denial was 'out of status'. I read in the forums regarding filing new I485. Can we do that? I am not sure what we can gain from that.

 

[pras01]

...

If VSC opened the denied I-485 (dependent's) on 9/22, then the status of I-485 is "pending" again since 9/22 and the dependent is "authorized to stay" until the I-485 is adjudicated (i.e. a decision- denied or approved is made).

 

[Hadasa]

Help - Have to leave country - I-485 denied

Re-opened I-485 (because of MTR), was denied. Planning to leave the country. they accured more than 180 days out-of-status (AOS were pending that time). can they try FTJ? Does CIS impose 10 year ban though they were allowed to stay as AOS were pending. CIS treat them out-of-statuse since the expiry of I-94 and is the reason for denial. PLEASE let us know how to avoid 10 year ban. I am not getting responses in this forum. there are great guys in this forum. Can we try for asylum to avoid 10 yr ban?

Great gurus, PLEASE PLEASE help me.

 

[vetagaadu]

Re-opened I-485 (because of MTR), was denied. Planning to leave the country. they accured more than 180 days out-of-status (AOS were pending that time). can they try FTJ? Does CIS impose 10 year ban though they were allowed to stay as AOS were pending. CIS treat them out-of-statuse since the expiry of I-94 and is the reason for denial. PLEASE let us know how to avoid 10 year ban. I am not getting responses in this forum. there are great guys in this forum. Can we try for asylum to avoid 10 yr ban?

Great gurus, PLEASE PLEASE help me.

We are sorry to hear this....
I know this is not the good time to ask you to post your details....but atleast could you please tell us what is the reason for deniel....

 

[Kishore_l]

Re-opened I-485 (because of MTR), was denied. Planning to leave the country. they accured more than 180 days out-of-status (AOS were pending that time). can they try FTJ? Does CIS impose 10 year ban though they were allowed to stay as AOS were pending. CIS treat them out-of-statuse since the expiry of I-94 and is the reason for denial. PLEASE let us know how to avoid 10 year ban. I am not getting responses in this forum. there are great guys in this forum. Can we try for asylum to avoid 10 yr ban?

Great gurus, PLEASE PLEASE help me.

Very Sorry about your case. If you do not get response in the forum, then PM EricS, UnitedNations, Jharkandi, Parlay, tammy etc......
Also post the same thing in 140 forum for Vermont center, which is very active now.

I do not know your case status or current stand point, so I may not be able to help you out / guide you. But, I know for sure applying for asylum is not an easy option if you are from a country like India. Either you have to be from a terrorist sponsoring country, which means your life is in danger if you go back or some civil war is active in your country or your life will be in danger if you leave US (This is very hard to prove, unless you have worked with US government).

If you are out of status just because of Employment based.....then I would suggest you to call one of the attorney's in NY / CA / TX / area. There are several attorney who just deals with such cases "Ot-of status", illegal entry, criminal investigation, ban, deportation etc..

Good luck

 

[PrinceofJungle]

First of all , we all sorry to hear about it,


If you planning for FTJ, it is simple and may take upto 6 months,


If u married before your 485 apvl, all u need to file I-824 when u get receipt , send the following Notarized (as many docs u can notarize, if not then use simple copy) docs to consulate (once she is there in home country).

1. Notzd copy of 485 approval.
2. Notzd copy of 824 receipt.
3. Notzd copy of our GC boths side
4. Notzd copy of I-140 apvl.
5. Your marriage Certificate
6. Her Birth Certificate
7. Your all pages of Passport.
8. A seperate sheet of her info (name addr ph, email etc at home country)


Once they receive they would initiate FTJ case for her. and will contact to her at her home country. later they will send forms to fill it out and they would ask to send supporting docs, like I-134, medical, police report, filled form DS230, some org docs etc.


read this FTJ thread
http://boards.immigrationportal.com/showthread.php?t=96693&page=120&pp=15

If u have any question about FTJ send me pvt msg.


Wish you Good Luck.

 

[tammy2]

Re-opened I-485 (because of MTR), was denied. Planning to leave the country. they accured more than 180 days out-of-status (AOS were pending that time). can they try FTJ? Does CIS impose 10 year ban though they were allowed to stay as AOS were pending. CIS treat them out-of-statuse since the expiry of I-94 and is the reason for denial. PLEASE let us know how to avoid 10 year ban. I am not getting responses in this forum. there are great guys in this forum. Can we try for asylum to avoid 10 yr ban?

Great gurus, PLEASE PLEASE help me.

Checking your chronology It seems me that your spouse were out of status since November 2004. Also USCIS may be considering that Your new I-485 applied in December was applied when they were not in the status. What happened to nunc pro tunc request?


I concur with Your concern for FTJ since it is more then 180 days after getting first denial.In any case It is better to consult a good attorney

When did you apply your Labor.

 

[EricS]

BAsed on the info that you have provided:
As other have suggested, I also think FTJ is the best option at this time. It has not been 180 days since the denial, so your dependents still have time to leave.

Now to better analyze your situation, please post your time lines very clearly, like, e.g.:

Primary Entered US on H1: 01/01/1999
Married on: 01/01/2000
Dependent enterd US on H4 on: 02/02/2000
LC filed on: ....
140 filed on:...
485 filed on:....
485 for Primary approved on:.....
485 for dependent denied on:....
290B filed........
EAD file...
EAD used/not used......

You get the idea.
Everyone is ready to help, please help us to help you.

 

[Hadasa]

Ftj

CIS denied my dependants AOS as they did not maintain
status. here are the details in chronological order.



7th year extension were not applied dependants.


I-140 (first - primary) was denied 09/27/2004.

I-140 (second) with substitute labor: Oct, 2004.
approved: Nov, 2004.



I-485 (second) filed for all: Dec 17, 2004.

(Primay I-485 was approved on May 23, 2005. I-140 pd 03/1998)

I-485 (second) was denied for dependants:June 8, 2005.


I-290B filed to reconsider the cases under 245(k): 07/08/2005

I-485(second) re-opened on BCIS re-motion: 09/22/2005
I-485 denied (after reopened): 10/12/2005


245(i) cannot be used as they were in India in Dec 21,2000,

As per CIS, they are out of status since last I-94 date.


It is more than 180 days since first i485 denial
180 day period for second i485(first denial before re-open) ends in nov, 2005

 

[tammy2]

married: 1996
date of first entry to US (Primary) 02/1998
date of first entry to US(depnts): 10/30/1998

245(i) cannot be used as they were in India in Dec 21,2000,

When did apply for Labor?

Did you check with your attorney? I think they are eligiable for 245(I). It depends upon your status.

 

[EricS]

Did you file 290B or 290A? I am asking because AAO takes much longer time to act on the cases. Yours MTR was decided in 4 months. Did it go to AAO or the service center decided itself. If it was 290A, you should file 290B (Appeal)now and explain that the dependents were not out of status from time of I-94 date as the 485 was pending. I am not sure if 245(i) apply only to those who were here on that given day or to those who entered before that day, but you should definitely consult with another (good) lawyer, there may be a wayout. I recommend you talk to Rajiv Khanna or Murthy.

 

[TheRealCanadian]

Did you check with your attorney? I think they are eligiable for 245(I). It depends upon your status.

If they were not physically present in the US on December 22nd, 2000, then I doubt that they are eligible for 245i. 245i eligibility does not just depend on the priority date - it's also dependent on physical presence in the US.

 

[Hadasa]

appeal

Its I-290B.
Two months after I-290B filed, recieved a letter from CIS.This states that our I-485 cases were re-opened. It seems to be Service Center decided the cases. how can we check whether SC or AAO decided our case. I sent the details to Rajiv Khanna office whether they can handle my case or not. I have not yet received any response from them.

 

[tammy2]

If they were not physically present in the US on December 22nd, 2000, then I doubt that they are eligible for 245i. 245i eligibility does not just depend on the priority date - it's also dependent on physical presence in the US.

Will it applicable if they were here in US before December 22 2000? What about the presence Primary. Can' t they grandfather it? I think He was present here at that time.

 

[TheRealCanadian]

Will it applicable if they were here in US before December 22 2000?

245i of the INA (google: INA Section 245) clearly requires the alien to be physically present in the US on the date that the amendment was enacted, which is 12/22/2000. The fact that they were here before is of no relevance.

What about the presence Primary. Can' t they grandfather it? I think He was present here at that time.

Remember that each I-485 is a seperate petition. Priority date transfers from the primary to the dependent, but after that each individual needs to be eligible for AOS on their own. Each individual needs to qualify for 245i on their own.

 

[vetchay]

245i of the INA (google: INA Section 245) clearly requires the alien to be physically present in the US on the date that the amendment was enacted, which is 12/22/2000. The fact that they were here before is of no relevance.



Remember that each I-485 is a seperate petition. Priority date transfers from the primary to the dependent, but after that each individual needs to be eligible for AOS on their own. Each individual needs to qualify for 245i on their own.

These faq's were taken from an immigration lawyer's website:

8. What if I got married after being petitioned for Section 245(i). Would my spouse and kids also benefit from Section 245(i)?

“After-acquired” spouses of the grandfathered alien are also grandfathered, as long as you married before you adjusted status. Many aliens who availed of Section 245(i) before the deadline will marry or have children after the qualifying family petition or labor certification application was filed, but before adjustment of status. These "after-acquired" children and spouses are also allowed to adjust status (be interviewed for a green card in the U.S.) under Section 245(i), as long as they acquired the status of a spouse or child before the principal alien ultimately adjusts status. For example, if a single person was sponsored for labor certification before the deadline, and, while the case is pending, he marries someone who is TNT, then that TNT spouse could also avail of Section 245(i), even though that newly-acquired spouse did not have a case filed on his or her behalf before the deadline. In other words, the newly acquired spouse or children can later be "added on" to the original petitioned (or sponsored) alien’s Section 245(i) eligibility. (NOTE: Unmarried sons and daughters of green card holders should not get married, as that would void their petition.)

9. What if my spouse was not “physically present” in the US on December 21, 2000. Would she still be eligible under Section 245(i)?

The after-acquired spouse is not required to have been “physically present” in the U.S. on December 21, 2000. Only the petitioned alien (or principal beneficiary) is needed to be “physically present” in the U.S.