Please help... Filed I-485

antzlim

New Member
Hello,

Please help me with my case.

I applied for asylum and it was denied. Then, I appealed to BIA and it was also denied. I am married to a green card holder and I have approved I-130 and priority date has mature. I filed I-485, I-765 (denied), and a motion to reopen on September 2010.

My question:
What is next now?
How long is the process?
Please advice me with more information.

Thank you.
 
Do you have a case pending the Circuit Court of Appeals as to asylum?

What was the BIA's Decision? Was there a period of voluntary departure afforded? If yes, is it still in force or have you overstayed it?

Was there a finding of a frivolous filing for asylum?

How did you enter the U.S.?

What was the cited reason for denial of the I-485?

A motion is the only option but it does not stay any Removal Order and does not toll unlawful presence.
 
I enter U.S as an International Student.

BIA had denied my appeals and I have filed motion to reopen to bring the case back to the Immigration Court to get a green card from the Judge.

Also, I believe my voluntary departure is still in force.

I-485 was not denied. However, I-765 was denied because of absence of pending I-485.
 
I enter U.S as an International Student. What happened with your studies? How long ago was that?

BIA had denied my appeals and I have filed motion to reopen to bring the case back to the Immigration Court to get a green card from the Judge.
Appeals (plural)? You are limited to one BIA Appeal, after that you are limited in Motion options. Your window of opportunity to file a Petition for Review in the Circuit Court of Appeals may have closed already. Are you working with an attorney or Pro Se?
Also, I believe my voluntary departure is still in force. Make sure, you may have unlawful presence issue to consider.

I-485 was not denied. However, I-765 was denied because of absence of pending I-485.
I don't get that, how could an I-765 be denied for no pending I-485 but you got no I-485 denial?

I have a feeling that some very important information is missing, so I don 't know how you should proceed or have any suggestions. There's just too much missing to get a clear picture.

Good Luck,
 
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