Reasons for I485 Denials!!

J

Jaggy

Registered Users (C)
Hello gurus
Would like to start a discussion to find out what are the typical reasons for an I485 denial. Any experiences would be greatly appreciated.
 
To my knowledge 485 denial is based on
1) Criminal background
2) Been out of status in US
3) Medical terms
4) No current employment.

May be the forum gurus can shed some light on this.
 
thanks for the reply on the being out of status clause I believe if you have been out of status for more than 180 days then they can deny is that right?
 
I think so.. also out-of-status since your last entry(before I485 filing) into USA. Any out-of-status before is not considered while approving the case. Experts in this forum can comment on this..
 
to_be_lucky said:
To my knowledge 485 denial is based on
1) Criminal background
2) Been out of status in US
3) Medical terms
4) No current employment.

May be the forum gurus can shed some light on this.
Click to expand...
also if one has filed second I-485 and if first I-485 is approved then second I-485 will be denied because one got his/her early I-485 approved and got the GC
 
If USCIS found applicant lies, I485 might be denied.
And applicant who is politically biased strongly might be rejected.
 
unitednations said:
only if previous out of status was less then six months.

If you were out of status for more then six months and then left the country, you are not forgiven and the three/ten year bars kick in and you wouldn't be able to adjust status.

Some other reasons:

Relative sponsoring you for the I-140 and not eligible to give affidavit of support.

Not being in the country when you applied for I-485.

Being out of the country and not having h and using advance parole that was approved while you were out of the country.

Employer revoking 140 before 485 o/s for 180 days

USCIS revoking 140 because labor was used by someone else getting greencard that employer didn't revoke.
Click to expand...
-------------------------------------------------
I was always concerned with the "out of status" situation.

I was on J1 from July 1994 to June 1998.
While being on training on a J1 in 1996, I overstayed my J1 for 100 days. There was a miscomunication with the ECFMG and my IAP 66 was never issued on time. As a result, when it finally arrived there was a period uncovered of about 100 days and I had to leave the country and re-apply for a J1. The consular agent was a bit upset. In any case, I've got more J1s up to June 1998 when I left the country.

I paid my two year rule back in Argentina and in 2002 came back with an H1.
submitted I140 and I485 together in April 05. I-140 approved in JUne 05 (EB1, self sponsored). FP to be done in JUly. H1 is expiring soon. I've got the H1 renewal approved.

Questions:
1) Will that out of status have impact on the I485?
2) Will that out of status back in 1996 count against my attempt to re-enter the US with a new (hopefully) visa stamp (I actually have a couple of months left with my first H1?

Thanks.
Daniel
 
If you have been out of status and have left the country and come back in US then I dont think it will have any negative effect for your I485 approval. Anyways there is a grace period of 180 days so as long as you are out of status for less than 180 days you will be fine for I485 approval. Although other more experienced people would want to throw some light on this
 
To Ginnu
No current employment I guess is applicable for the primary applicant I guess. If the dependant(spouse) whose I485 has been filed and is not employed, that I guess is perfectly fine. Correct me if I am wrong.


So in short the primary applicant has to be employed for I485 approval and even if the dependant is unemplyed and her/his I485 is filed he/she can get approval, right?
 
Worked without a permit

How about if you worked without authorization? It would be double I guess, out of status as well as working without a permit. Is it true that these are often forgiven? If anyone has had interview experience with the working without permit part, please do share. Thanks.
 
Jaggy said:
To Ginnu

So in short the primary applicant has to be employed for I485 approval and even if the dependant is unemplyed and her/his I485 is filed he/she can get approval, right?
Click to expand...
-----------right
 
shandra said:
How about if you worked without authorization? It would be double I guess, out of status as well as working without a permit. Is it true that these are often forgiven? If anyone has had interview experience with the working without permit part, please do share.
Click to expand...

245k will cover illegal employment of up to 180 days. Note that is is counted since your last entry to the US prior to the I-485 filing, until the I-485 is approved. If it's over 180 days, hope USCIS doesn't find out - or hope you are eligible for 245i. There are very few EB folks left with priority dates of April 2001 and before.
 
any one knows any one in the same boat as I am

I was involved in illegal employment (while going to college on my F1 visa March 1997 april 1999 to). Now INS is asking to submit the evidence of nonimmigration status from this period. But at the bottom of RFE, it also says that "records show that you were subsequently employed in the U.S without authorization from this service".
I did register for couple of courses for my Msc during the above period (which I already sent the I20's with my 485 applications)

I have entered U.S on H1,more than 5 times ever since (from 1999 to current)So my question is, do I have a chance to be forgiven, what can I do?
Do I have to submit $1000?



My labor was applied in Oct 2001.
H1 from april 1999 till april 2005
currently on EAD, with same employer who filled labor
I 140 approved May 2005
 
I-485 denied due to out of status URGENT!!!!

Hi, All friends,
Recently we received I-485 denial notice. Reason is unlawfull status.
I want to Know if H/L status expeires and one has applied for Extension and then AAO,still case is pending so from which date person count out of status? Denial of H/L status or expiry date of H/L status?
Mean time I-140 approved before H/L denial date then person is safe or what?
Thanks.
 
Last edited by a moderator:
rbv said:
Hi, All friends,
Recently we received I-485 denial notice. Reason is unlawfull status.
I want to Know if H/L status expeires and one has applied for Extension and then AAO,still case is pending so from which date person count out of status? Denial of H/L status or expiry date of H/L status?
Mean time I-140 approved before H/L denial date then person is safe or what?
Thanks.
Click to expand...

The rule is that you have to leave USA before I-94 expires no matter what. If you applied for extension and received new extended I-94 then you can stay. But any stay beyond I-94 expiry date is considered unlawful stay.

I-140 approval is irrelevent in this issue. You could be safe only if you applied for I-485 before your I-94 expired.
 
rbv said:
Hi, All friends,
Recently we received I-485 denial notice. Reason is unlawfull status.
I want to Know if H/L status expeires and one has applied for Extension and then AAO,still case is pending so from which date person count out of status? Denial of H/L status or expiry date of H/L status?
Mean time I-140 approved before H/L denial date then person is safe or what?
Thanks.
Click to expand...


If you have applied for H1 the extension before the Expiry of old H1 you can continue to stay until some decision is made.

Since I-485 was denied because of unlawful status H1 may be also denied.
Can you please explain about unlawful status?
 
unlawful stay

tammy2,
my L-1 visa's extension was filed before the expiration of my L-1 visa(Dec 2002). My application for L-1 extension was denied on aug 2003 and we did filed the appeal for that denial too. the MTR is steel pending with vermont center. during that period my I-140 was approved in aug 2003. i filed I 485 in nov 2003. i got my first EAD in june 2004 and second EAD in june 2005.
they have not clearly mentioned but the reson for denial of I485 is during all this they might have counted my stay from the last day of I-94 till the day of I 485 filing unlawful.
what do you think? if my appeals and MTR were still pending then is it okay? :mad:
thanks for help.
rbv
 
rbv said:
tammy2,
my L-1 visa's extension was filed before the expiration of my L-1 visa(Dec 2002). My application for L-1 extension was denied on aug 2003 and we did filed the appeal for that denial too. the MTR is steel pending with vermont center. during that period my I-140 was approved in aug 2003. i filed I 485 in nov 2003. i got my first EAD in june 2004 and second EAD in june 2005.
they have not clearly mentioned but the reson for denial of I485 is during all this they might have counted my stay from the last day of I-94 till the day of I 485 filing unlawful.
what do you think? if my appeals and MTR were still pending then is it okay? :mad:
thanks for help.
rbv
Click to expand...

What is reason for Denial for L1? Usualy someone apply for extension of stay means he is is stay is authorised by Attorney General. You need to check This is applicable to MTR also.

DId you do FOIA on L1 case?

You have get success in MTR of L1.
 
Last edited by a moderator:
You must log in or register to reply here.
Top