Withdrawn I-130 - Consequences

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Brian_74

Registered Users (C)
Hello!

Many years ago, back in 2003, I married a US citizen. We separated in January 2005 and the I-130 was withdrawn (I found out at the interview). Needless to say, the application was denied and shortly after, in May of 2005, I returned to Europe.

My question is: as I left voluntarily 2-3 months after the I-130/I-485 was denied, would have this incurred any travel ban? Was I out of status from date of initial entry on a B2 visa (July 2003) or from the date of denial for the I-485? The case went to deportation court but I had already left and a friend notified the IRS of this.

Many thanks!

Brian
 
When did you file the I-485? Was it after your I-94 expired? If so, you have a period of unlawful presence between when your I-94 expired when when your I-485 was accepted. Then, you have another period of unlawful presence after the I-485 was denied. Since these were on a single stay in the U.S., they are added together. The total time determines whether you have a ban and the length of the ban.
 
Hi and thanks for the reply. We filed the I-485 before the I-94 expired so I am clean on that end and am sure I left within 180 days of receiving the denial. If it anything, I would have maybe received a 3 year ban?
 
Brian_74 said:
Hi and thanks for the reply. We filed the I-485 before the I-94 expired so I am clean on that end and am sure I left within 180 days of receiving the denial. If it anything, I would have maybe received a 3 year ban?
Click to expand...

As far as I know, no, you shouldn't have any ban, since it's less than 180 days of unlawful presence. However, even if there is no ban, if the period after denial counts as overstay, it could affect future visa applications.
 
... To help shed further light to my concern. The date on the I-485 denial notice is April 13, 2005 and I actually departed a few days earlier, on April 08.

A notice to appear was received on April 20, 2005 (removal proceedings under section 240). In this letter it ALLEGES that I "remained in the US beyond January 2004 without authorization from the Immigration and Naturlization Service". This is not true as I was in adjustment, even received a social security number along with a temporary work permit. Again, we were married before the expiry of the I-94.

In June, I received a letter dated June 06, 2005 from US Department of Justice stating that "There is currently no case pending before any Immigration Court". I even have a print screen showing that no record of me is found on their system.

I would like to think I am in the clear....
 
Last edited by a moderator:
newacct said:
As far as I know, no, you shouldn't have any ban, since it's less than 180 days of unlawful presence. However, even if there is no ban, if the period after denial counts as overstay, it could affect future visa applications.
Click to expand...

Thanks.. fortunately I am not interested in making an application, simply have a business trip coming up!
 
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