Previosuly reject AOS - Any effect on N-400 filing

S

sammm

Registered Users (C)
I want to file for naturalization but I am really nervous. Why? Because in 2003 I had a employment based AOS( via 245(i) ) denied. Primary reason cited in the intent to deny notice was that "you state that you entered the country on Sept 1st 2001 but we have no record of such. LAst time we have you entering the country is some date in 1999( I forget the exact date). I was never put in deportation or removal. My lawyer was doing request to reopen( or what ever it was called) but I was ready to go back to Canada when I met my wife. Started dating her and now we are happily married for the last 6 years. Just had a son.
I never really married for the sake of GC and can prove that beyond that shadow of a doubt. My question Can this previously denied AOS application pose a problem ?
 
If you were to have any problem, you would have encountered it by now while you were trying to get you GC. If there is no other issue You should have smooth sailing to naturalization.
 
After that first I-485 was rejected, what happened? Did you adjust based on a marriage to a USC and a lawful entry that you overstayed? If yes, you have nothing to worry about now concerning an old irrelevant case.

It would appear that the employment based adjustment was denied because you were not eligible for 245(i). For that you would have needed to have something filed for you prior to April 1, 2001, (a labor cert or I-140 or some other valid and "approvable when filed" petition) just to be grandfathered to file for adjustment in 2003, since you were out of status.
 
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