what happens if 485 denied?

[imhrb]

This hasn't happened to me, but what happens if a marriage-based 485 is denied? Assuming that 130 and 485 were filed concurrently? What are your options after that?

 

[LucyMO]

options are: a motion to reopen or leave the US.

 

[imhrb]

When you file a motion to re-open, do you immediately become in-status? Or are you considered out of status? Is the processing time then going to be the same as a 485 starting from scratch? Shorter?

 

[LucyMO]

that depends on how good your attorney is. But you'd still be in status. I do believe there are time limitations.

 

[skau]

Hi Lucymo,
What happens if you don't leave US once I-485 is denied?

 

[LucyMO]

I do believe a deportation order might be issued, but it's just my speculation.