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help-I-130 granted I-485 denied

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  • help-I-130 granted I-485 denied

    I am a us citizen married to an immigrant of Pakistan, we have married since November of 2001. He came to this country illegally in 1995. We filed I-485 & I-130 in December of 2001 & had our interview April of this year. At that time the immigration officer said that my petition for I-130 was granted, but that she could not approve his petition for I485 because he did not have a labor certificate (or waiver) on file prior to April of 2001. We never knew we needed that document and weren't told by our lawyer that my husband had to have that in order to be eligible for a change of status. Our current lawyer told us our only option is to pursue getting through the American Embassy in Islamabad Pakistan, which may take 6 months or more. My husband owns his own business and I work full time and we would both lose our job/business if this is our only option. Isn't there any other option to resolve this other than through the Embassy in Pakistan?

  • #2
    I am a us citizen married to an immigrant of Pakistan, we have married since November of 2001. He came to this country illegally in 1995. We filed I-485 & I-130 in December of 2001 & had our interview April of this year. At that time the immigration officer said that my petition for I-130 was granted, but that she could not approve his petition for I485 because he did not have a labor certificate (or waiver) on file prior to April of 2001. We never knew we needed that document and weren't told by our lawyer that my husband had to have that in order to be eligible for a change of status. Our current lawyer told us our only option is to pursue getting through the American Embassy in Islamabad Pakistan, which may take 6 months or more. My husband owns his own business and I work full time and we would both lose our job/business if this is our only option. Isn't there any other option to resolve this other than through the Embassy in Pakistan?

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    • #3
      If he move out of US then he might have hard time,
      getting a visa from his home country. As such he entered illegally in 1995. I dont think he need a Labor certificate.
      2- I-130 is filed and approved as such he is Married to US Citizen.
      3- He will need a waiver.

      4 This may be your option: Pakistan has Treaty with US, under this provisions he may be allow issuance of E-1 visa, check with your Attorney,
      I am not an attorney.

      Comment


      • #4
        April 2001 was the cut off for 245(i). This was the law that allowed EWIs and certain visas violators to pay a $1,000 fine and complete AOS.

        EWI is entry without inspection, i.e. sneaking across the border. It is a long swim to the US from Pakistan. Flying into the US with a fake passport or visa is not EWI; it is fraud and misrepresentation or false claim to USC. 245(i) did not waive fraud or false claim.

        Did your lawyer tell you about the 10 year bar? When your husband leaves the US, he will be automatically barred from returning for 10 years. You can apply for a wavier using form I-601 to prove extreme hardship.

        You had this lawyer before filing for AOS? He is ****. Consult a new attorney.

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        • #5
          If he came here ILLEGALLY from the Middle East in 1995 I'm surprised he hasn't been deported yet. Did he register after 911 when they were calling on every person from those countries to register? He doesn't have authorization to work here but owns his own business???

          Oh Wow, no income tax!

          You have no respect for America or our laws, GO HOME !!

          Comment


          • #6
            Pakistan is not the part of the middle east! Ignorance is a bliss!


            Your husband would have to leave the US and file at the embassy in Pakistan, in that case he will be denied a visa.

            He will then have to file waiver 601 and you have to prove extreme hardship if your husband is not present here with the US with you.

            Consult a very good lawyer and also go to this website.

            www.immigrate2us.net

            It has a v ery good 601 section there and very helpful and you wont hear the idiotic comments like the morons on this website have to say!

            Comment


            • #7
              you are married in nov 2001, you don't have waiver or LC prior to april 2001 means you need approvable, either I130 Or LC filed before april 2001 to qualify for 245i OR you need waiver to get adjustment within USA.
              If any 130 or 140 filed before the deadline of 245i, which can be approved later in the process, alien who are sponsored will be eligible to get status adjucated within US. petition doesn't have to approved before that date but must be filed before 245i expired.
              you 485 application is lacking both parts( no waiver , no LC) so only choice left is to do DCF. which means he has to go to Pak and start procedd there, here is the catch.... he has bar for ten years and bar will not start unless he leave US, once he leave bar will kick in.. so he need waiver 601 also.
              to start process he has to transfer 130 to consulate by fileing transfer form, it will take a year, then @30 in consulate which will take another year and will be denied and waiver will be asked( a form of relief), then another 9 mo th get waiver approved in PAk if you have right hardship.. then only he can come back... thats the whole time period..... your attorney is not right by saying he will come back within 6 months... no way... not even K3 visa will bring him back with 6 months.
              Its a discussion, not a legal advise..

              Comment


              • #8
                betamichigan,

                Thank God we have people like you (from Dearborn I take it) to assist the Middle Eastern and other Illegals on this board who WERE TOLD TO REGISTER BUT DIDN'T after 911. You know those
                places where al-Qaida and other terrorist organizations are active...like PAKISTAN.

                Pakistanis and Saudi Arabians were suppose to register Jan 2003.

                Comment


                • #9
                  My understanding is:
                  since you husband came here illegally ) i.e. EWI), he is not and was not eligible for adjustment of status, no matter where he came from.

                  However Congress passed and later extended, through April , 2001, the law called Section 245 (i) , that would in effect allow your husband to adjust his status to that of Permanent Resident, without leaving the country first.

                  However, as it appears from your post, he was not grandfathered by that particular Section prior to adjustment of status application. Nor could he qualify for it, since it has expired in April, 2001 and never extended again.

                  In fact, extension of Section 245 (i) was already passed in one chamber of congress and was to be put for final vote on another, on very day of 911.
                  However, because of those terrorist attacks, it was put off indefinitely, and now it seems very unlikely to be reintroduced or passed again.
                  Not in near future, at least..

                  This is just another example of how terrorists indiscriminately ruin the lives of people, regardless of their Nationality..

                  Anyway, in absence of Section 245 (i) the only option your EWI husband had was to leave the country and apply for waivers.

                  I know that in case of Mexican Nationals it takes fairly short lenght of time, to complete the whole process.
                  Some people claimed to obtain the waiver within 6 months.
                  I am not informed of how long it would take in case of Pakistani national.

                  My suggestion would be to contact the local Bar
                  Association and ask for referral to a good lawyer, one in good standing.
                  Better yet, find one through personal reccomendation, knowing well they won't just charge you $$$ and throw your case in the toilet..


                  I am sure, if your husband is a man of good moral character, he will eventually be granted the waiver and admission to US as Perm. Res.
                  But in order to get approval of waiver you would have to prove that his absence would cause an extreme hardship to you.


                  Good luck.

                  Comment


                  • #10
                    BetaMichigan--Pakistan is not part of the Middle East, but it is a Muslim country, which made him subject to special registration.

                    Comment


                    • #11
                      Not all Middle Eastern countries were made subject to Special Registration.
                      Nor all so called 'Muslim" countries were.
                      But Pakistan definitely was part of the list, because it is a country designated as one where terrorists have roots and operations.

                      The underlying issue here, I beleive, is not so much Special Registration ( which was subsequently repelled), but the fact that this guy was EWI.
                      So, by the time they married he was already ineligible to apply for adj. of status under 245 (i).

                      The OP didn't mention Spec. Registration, so it's possible that he was registered but set free by DHS , pending the outcome of his GC application.

                      In any case, the question was: what he can do to become legal now, given his circumstances and the existing laws?

                      I think he can only leave the country and apply to US embassy in Pakistan for Immigrant Visa.
                      Of course, he will have to go through complicated waiver process and found eligible to apply and obtain the admission to US , before he can come back and reunite with his family here.

                      Comment


                      • #12
                        I am not from Dearborn! I go there to enjoy some awesome middle eastern food though! You should go there too some time!

                        PS Pakistan has been with the US since day one in the way against terror. We have handed several terrorists over to the US. Not a single terrorist has been a Pakistani!

                        get your facts straight! Like I said.. Ignorance is a bliss!

                        PS Taleban was created to fight the soviets backin the 80s by the CIA! Doesnt mean CIA should suffer because of some idiots view points!

                        Comment


                        • #13
                          Yes, Pakistan's President has helped the US but not without getting all the money he could take from us. And, Pakistan is full of terrorist. They even posted a video of them cutting off the head of Daniel Pearl, a NY journalist. I also heard when our military thought Bin Laden was hiding out in Pakistan they could not get permission to go look for him. Apparently he has a lot of followers and supporters there.

                          We have to worry about terror cells and those who would hurt us being in the United States now. We have a right to know who they are and where they are. If you have been given a date to register and you ignore it then you should be deported and never allowed back in this country.
                          We are a nation of laws.

                          Comment


                          • #14
                            If the husband doesn't register during special registration period, that alone is enough ground for deportation. As other said, his best bet to legalize is to leave and pursue consular processing alongside the waiver process.
                            Having said that, special registration is probably one of the biggest joke the immigration bureaucrats ever comes up with.

                            As for Pakistan, Musharaf might be supportive of US right now, but the same can't be said to the majority of Pakistani. Afterall, we're talking about a dictator that usurp power from a democratic government. Most of the residents harbor ill-feelings toward the US, or at best, couldn't care less if 9/11 happen all over again.

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