What are the reasons for I-485 denials?

S

Sush K

Registered Users (C)
Hi Folks,

I always wondered what could go wrong with the GC. Please post the reasons for denials (yours or your friends) so that we can have a list of the reasons. This will help people to take precautions early on in the process and avoid some pain.

Thanks
 
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Usually there are 5 main reasons -
1. Out of status for a period of time OR
2. Unauthorized receipt of money from an employer without INS approval OR
3. Abrogation of a supporting document, i.e., revoking of the i-140 on the basis which the i-485 application was filed OR
4. Criminal record (indicated by FBI) OR
5. Failure to respond to a request by INS within specified time, i.e., RFE response, FP completion, etc.
 
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Except for reasons 3 and 5 you always get a chance to explain to a
show-cause notice. For reasons 3 and 5 they deny it outright without
giving you an indication.

In any case you have the right to fight that decision too.
 
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Hi, niceguy, I got my I-140 aproval and submitted I-485 in April. My question is if my wife who was in I485 as a dependence did some somthing wrong (e.g. Unauthorized work), do you think she should be ok under the 245(i), or just be dinied without any chance. I appreciate your opinion.
 
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You will definitely get the chance to defend yourself. And as you probably know, 245(i) has now been extended by 4 more months. So, you can definitely use it if you get a denial notification before the renewed deadline for 245(i) expires.
 
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I thought 245(i) was for person with illegal status having a relative who is a US citizen. I am not sure though!
 
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245(i) covers all immigrants who are either currently out of status or have been out of status at one point in time. The main beneficiaries are those who cannot leave the country because based on the duration of their illegal status, they are barred to re-enter for 3 to 10 years.
 
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If your wife has been out of status or work without authorization, you should definitely tell your attorney at the time you file I-485. You could just pay $1000 fine then you are all set. I don\'t know what\'s the case if you try to hide and they find it later. Talk to your attorney. You and your family are absolutely covered by 245(i).
 
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I see no proper responses for the above question.
Does this mean that there are hardly any rejections
for whatsoever reasons or rejected applicants
doesnt want to share their experiences anymore!!.
 
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us_swamiji,

Yes you are right. Though some of the replies are a definate help in understanding the rejection reasons, I was looking for actual cases which were rejected.

I had been hurt because of my lack of understanding of the H1 rules. The first time I came to US, I stayed here for around 14 months, went to India and stayed there for 10 months and then came back to US. I was not aware of the rule which starts the six years of H1 again if one stays out of US for one year!

My intention of asking this question was to get a list of all denials make it available in one of the common areas so that people can look at these reasons and don\'t do things which would jeopardise the GC. For example, I see many friends driving after having couple of drinks without realising that if they are caught for DUI, it could create problems for the GC. Their lack of knowledge of this could hurt them seriously.

Thanks
 
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taka-digi. One more case in which it can be denied, especially
in cross charging, visa number not available. For example if
u were born in India, ur PD is not current, but your spouse was
born in timbaaktoo and her PD, you can use timbaaktoo as ur country
and apply for 485. Most of the times stupid INS officers deny the
application and then you have to bring it to their attention you
are cross charging.
 
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