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My I485, I130, and Labor.

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  • My I485, I130, and Labor.

    Hello Mohan,
    My wife's father, who is a green card holder, sponsored my wife as a single child in 1997.
    Her petition was approved and based on that she was advised to apply for work permit in 2000 before april 30th.
    Being that I am living with her, our lawyer advised us to get married and apply together. (Now for getting married her petition is canceled because her father sponsored her as a single child as a green card parent)
    In 2000 before April 30th when we both applied for I485 and I765 we both got our EA card.
    After a year when we went back to renew our EA card, my wife got hers extended but mine was denied because my father in-law still is a green card holder.
    Now while in 2001 I had my EA card I also applied for LULAC and I was able to establish my case as a front desk applicant. INS directed me to apply for I485 and I765.
    I only applied for I485 since I already had my EA card from my father in law.
    This year when my EA was not approved, I applied for I765 based on the approved Lulac case.
    They denied giving me I765 as well as my I485 based on the LULAC case.
    I have appealed for LULAC denial and reapplied for I765 based on the appeal case on LULAC.
    Meanwhile this year in June My Company applied for labor certification to the department of Labor on my behalf.
    My father in law was called for finger prints for his citizenship in august 1st of this year 2002. he is awaiting for his interview date.
    Now my questions to you are: where do I stand? Do I fall into deportation procedure since my EA card from my father in law was not extended and my lulac case is in appeal board? If my father in law becomes citizen can he then reapply for his married daughter and under that will I be covered? Or I still will fall into the bar and not qualify? Do I have to return to my country?

    Thank you very much.

  • #2
    Hello Mohan,
    My wife's father, who is a green card holder, sponsored my wife as a single child in 1997.
    Her petition was approved and based on that she was advised to apply for work permit in 2000 before april 30th.
    Being that I am living with her, our lawyer advised us to get married and apply together. (Now for getting married her petition is canceled because her father sponsored her as a single child as a green card parent)
    In 2000 before April 30th when we both applied for I485 and I765 we both got our EA card.
    After a year when we went back to renew our EA card, my wife got hers extended but mine was denied because my father in-law still is a green card holder.
    Now while in 2001 I had my EA card I also applied for LULAC and I was able to establish my case as a front desk applicant. INS directed me to apply for I485 and I765.
    I only applied for I485 since I already had my EA card from my father in law.
    This year when my EA was not approved, I applied for I765 based on the approved Lulac case.
    They denied giving me I765 as well as my I485 based on the LULAC case.
    I have appealed for LULAC denial and reapplied for I765 based on the appeal case on LULAC.
    Meanwhile this year in June My Company applied for labor certification to the department of Labor on my behalf.
    My father in law was called for finger prints for his citizenship in august 1st of this year 2002. he is awaiting for his interview date.
    Now my questions to you are: where do I stand? Do I fall into deportation procedure since my EA card from my father in law was not extended and my lulac case is in appeal board? If my father in law becomes citizen can he then reapply for his married daughter and under that will I be covered? Or I still will fall into the bar and not qualify? Do I have to return to my country?

    Thank you very much.

    Comment


    • #3
      My wife's father, who is a green card holder, sponsored my wife as a single child in 1997.
      Her petition was approved and based on that she was advised to apply for work permit in 2000 before april 30th.
      Being that I am living with her, our lawyer advised us to get married and apply together. (Now for getting married her petition is canceled because her father sponsored her as a single child as a green card parent)
      In 2000 before April 30th when we both applied for I485 and I765 we both got our EA card.
      After a year when we went back to renew our EA card, my wife got hers extended but mine was denied because my father in-law still is a green card holder.
      Now while in 2001 I had my EA card I also applied for LULAC and I was able to establish my case as a front desk applicant. INS directed me to apply for I485 and I765.
      I only applied for I485 since I already had my EA card from my father in law.
      This year when my EA was not approved, I applied for I765 based on the approved Lulac case.
      They denied giving me I765 as well as my I485 based on the LULAC case.
      I have appealed for LULAC denial and reapplied for I765 based on the appeal case on LULAC.
      Meanwhile this year in June My Company applied for labor certification to the department of Labor on my behalf.
      My father in law was called for finger prints for his citizenship in august 1st of this year 2002. he is awaiting for his interview date.
      Now my questions to you are: where do I stand? Do I fall into deportation procedure since my EA card from my father in law was not extended and my lulac case is in appeal board? If my father in law becomes citizen can he then reapply for his married daughter and under that will I be covered? Or I still will fall into the bar and not qualify? Do I have to return to my country?

      You have appealed the LULAC and thats where you are right now. It depends upon your illigal/overstay that if you have deportation agains you or not.Basically how much time you accumulated in illigal/overstay condition will subject to the bar.
      Once your father-inLAw become citizen, he should apply for her daughter and you in Diff. catogary ( Married Son and daughter of USC). Yes he has to apply again.
      You have LC filed , it will not put you in any status unless its aprove. You will not be deported unless Decision is made on appeal.

      Comment


      • #4
        Mohan thank you for your prompt reply.
        So are you saying that I will be able to get my EA card through the Lulac apeal?
        As far as my father in law becomes citizen I will be able to be grand fathered through my wife?
        By the way i do not have any deportation proceedings.
        Do i fall in to inadmisablity bar ? and what does "inadmisablity bar" exactly mean?
        Thank you once again.

        Comment



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