I’m a USC and I petitioned my husband. We filed concurrently all the forms (I130, I485, G325, medical examination, affidavit of support, etc.) on August 23, 2009. We received NOA for I130 and I485. A few days later my husband got appointment for biometrics and later we got an appointment for an interview (10/29/2009). At the interview, the officer asked questions about us, asked for more documents, etc. At the end, she said we would get a decision in 60 to 90 days. A week later we got a denial letter for his i485 and there is no appeal. The reason is: "You have not been inspected and admitted into the US". Also "Because you were not admitted or paroled following inspection by an immigration officer, you are ineligible to file using the Form I-485 for benefits under 245(a). Also, you were not the beneficiary of of an immigrant visa petition ...... (I'm a USC, doesn't that qualify him for a visa?....)

I called the USCIS to get more answers. After explaining what happened, they told me that my I-130 has not been approved and that I should wait for the approval to do anything. (They are working on applications received May 3). I asked her if I should file a motion to reopen, and she said I would only waste my money since the I130 has not been approved.

Why do they allow you to file all the forms together if they are not going to review them at the same time.
What happens after that if the i130 is approved , since the i485 was denied?

Please help!!!

Hi 485 and welcome,

Can you provide a timeline for your husband such as date of entry, age at entry, number of times he entered without inspection, etc. It sounds like, at the very minimum, you will need a I-601 hardship waiver and he will need to process in his home country. But, without knowing more, I can't say for sure. You should also discuss this with a reputable immigration attorney to get their opinion.

My husband is from Honduras and has a TPS status now. He came to USA in 1995 (25 years old). In 2005, he was able to get advanced parole and went back to Honduras to visit her mother who was very ill.
He renews his TPS every 18 months since it became available.
We have been living together for 8 years, but just got married in Feb of 2009. We have two children together(7 years old and 6 months old. My older son has been diagnosed with cerebral palsy, developmental dalays and possible autism.)
We have a feeling his TPS will be canceled one day and we want to do something (get his GC) before that happens.

Thank you for your help

Your case is very puzzling for several reasons. Section 245A is not for family based immigration benefits, and does not require form I-485. It seems that the USCIS does not know that you’re applying under marriage. Why was only your husband called in for an interview, and not both of you? Why didn’t your husband explain the situation at the interview???? Why would you have 2 children out of wedlock, when your husband has emergent immigration problems?

Your whole story seems way too stupid to be true.