Worst Case Scenario:If 485 gets rejected:what next

sammyboy

Registered Users (C)
I hope this doesnt happen to me . I am on 8th year visa extension (Using AP for travel and EAD in case I change my jobs) . My wife is on H1 (4 years remain)

What if my GC gets rejected ? I have already finished the 6 year quota and my EAD will be invalid.

Can I be in this country on H4 ? (my wifes H1)
Can we file I-485 from my wife this time and can I get any such status ?

Just wanted to find out what are the options.

485 RD 10/2004
RFE may 2004
485 still pending
 
i have heard that there is some law, that a person who lived in the US for more than 10 years with legal status cannot be deported. I don't remeber the details, but essence was that after 10 years, if I485 is rejected, immigration court should check the status for previous 10 years and grant permanent residence.
 
sammyboy said:
I hope this doesnt happen to me . I am on 8th year visa extension (Using AP for travel and EAD in case I change my jobs) . My wife is on H1 (4 years remain)

What if my GC gets rejected ? I have already finished the 6 year quota and my EAD will be invalid.

Can I be in this country on H4 ? (my wifes H1)
Can we file I-485 from my wife this time and can I get any such status ?

Just wanted to find out what are the options.

485 RD 10/2004
RFE may 2004
485 still pending

In case there is a chance for rejection, USCIS will first issue a notice about their intent to deny. You would have a certain period to appeal for reconsideration. I have seen at least a couple of approvals in this forum in this way. If it comes to something like this, ask your lawyer about the appeal process.

I hope you get your approval without any hassle. Good luck.
 
>>Can I be in this country on H4 ? (my wifes H1)

I think if you are on 8th year H1 and have never used EAD then you cannot continue on a H4 without staying outside for a year. If you do use EAD and the 485 gets rejected, you may be able to go to your country of origin and get a H4 revalidation stamp on the passport. I definitely do not know if you require to stay outside for a year in this case.

>>Can we file I-485 from my wife this time and can I get any such status ?

the moment you file (another) 485 with your wife as primary and you as dependant, you get legal status as long as that 485 is pending and as soon as you get an EAD based on that 485, you can again legally start working.

Hope that helps. Good luck on your approval.
 
nkm-oct23-

did you check all the laws to say so?

how about this?

CANCELLATION OF REMOVAL FOR NON-PERMANENT RESIDENTS
INA ╖240A(b) allows the Attorney General (usually an Immigration Judge or the Board of Immigration Appeals) to cancel the removal of a non-permanent resident from the U.S. who:

Has been physically present in the U.S. for a continuous period of ten years prior to the institution of removal proceedings. (This requirement is not applicable to persons who have served a minimum of 24 months in the U.S. Armed Forces, was present in the U.S. during his enlistment or induction, and is either serving honorably or has received an honorable discharge.) "Continuous" means that the person can not be out of the U.S. for more than 90 days at a time, or 180 days in the aggregate, during the ten-year period.

Has been a person of good moral character for ten years;

Is not inadmissible under ╖212(a)(2) or (3) (criminal and security grounds) or deportable under ╖237(a)(1)(G) (marriage fraud), (2) (criminal grounds), (3) (failure to register and falsification of documents) or (4) (security and related grouds).

Whose removal would result in exceptional and extremely unusual hardship to his/her spouse, parent, or child, who is a citizen of the United States or an alien lawfully admitted for permanent residence.
Special relaxed rules for cancellation of removal apply to battered spouses and children.

Only 4,000 persons may be granted cancellation of removal and suspension of deportation (See below.) in a single fiscal year
 
dima66a said:
did you check all the laws to say so? how about this?

See my quote below. (italics mine)

Whose removal would result in exceptional and extremely unusual hardship to his/her spouse, parent, or child, who is a citizen of the United States or an alien lawfully admitted for permanent residence.

Note the two criteria. The second is clearly inapplicable here, and the first is tough to prove.
 
People have tried to show "exceptional and extremely unusual hardship" in recent past to avoid deportation. But, there is a very very slight chance of success.
 
Canadian -

why do you think that those criteria are not applicable. sammyboy mentioned 8th year of H1. Many people had F or J before H1, so total time he is in US may be more than 10 years. He also mentione that he has wife, so they may have children who are US citizens.

Extremely unusual hardship depends on the country where he is from. For example, I think a good lawyer can easily prove that if I am deported my children (US citizens) will starve to death in my country. But I am in the US for 9 years and 6 months so far, so need 6 months more.
 
dima66a said:
He also mentione that he has wife, so they may have children who are US citizens.

I can only go based on what I've been told. We haven't been told of any children, so I'm not going to assume that there are.

Extremely unusual hardship depends on the country where he is from. For example, I think a good lawyer can easily prove that if I am deported my children (US citizens) will starve to death in my country.

Note the term "exceptional and extremely unusual". Just because your country is poor doesn't protect you - there are people that starve in the US every day. This language is designed to protect folks from being deported back into the middle of a war zone or natural disaster area, not just because their home country is a cesspit.

I'm sure many folks have attempted to argue it, and who knows - you might be a Chechen or a Nicobar Islander. All I'm trying to suggest is that the first criteria is worded deliberately, and is extremely difficult to prove.
 
Canadian -

I completely agree with you that it is very hard to prove unusual hardship. Nobody should try to do this if there is any better alternative. This is only for the worst case scenario. Nevertheless, if nothing else worked, it may be the only way.
 
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Thanks for all the responses. I will start thinking positive but its good to know other backup plans.

I am in this country only since 1996 and 10 years is far away from my result (I hope) . Dont have any kids. My wife has a H1 .

thanks again
 
10 years legally and still sucks

many people waitin g are here for 10 years legally just to get a gc. what sort of inhumane system is this $@*$()@
 
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