ILW.COM - the immigration portal Immigration Daily

Home Page


Immigration Daily

Archives

Processing times

Immigration forms

Discussion board

Resources

Blogs

Twitter feed

Immigrant Nation

Attorney2Attorney

CLE Workshops

Immigration books

Advertise on ILW

VIP Network

EB-5

移民日报

About ILW.COM

Connect to us

Make us Homepage

Questions/Comments


SUBSCRIBE

Immigration Daily


Chinese Immig. Daily




The leading
immigration law
publisher - over
50000 pages of
free information!
Copyright
1995-
ILW.COM,
American
Immigration LLC.

Results 1 to 7 of 7

Thread: question

  1. #1
    What happens if I file a concurrent 140/485 filing and the 485 is eventually denied and you're out of status? Do they just send you a letter telling you to depart or is it automatic that they'll put you in removal proceeding?

    the reason i ask is I have an employer willing to petition me and I might be eligible for 245i grandfathering but it's not a guarantee.

    so i would like to ask those people who had i485 denied and I would really appreciate any help.thanks.

  2. #2
    What happens if I file a concurrent 140/485 filing and the 485 is eventually denied and you're out of status? Do they just send you a letter telling you to depart or is it automatic that they'll put you in removal proceeding?

    the reason i ask is I have an employer willing to petition me and I might be eligible for 245i grandfathering but it's not a guarantee.

    so i would like to ask those people who had i485 denied and I would really appreciate any help.thanks.

  3. #3
    Hi Sportsfan
    In order to use Section 245(i)and be grandfathered you must prove that immigrant visa petition I-130, I-140 or labor certification application was filed ON YOUR BEHALF on or before April 30, 2001. Any person whose petitions is filed after that date will not be eligible for 245i.
    If I-485 is denied , they will automaticly put you in removal proceedings. Before you send anything make sure you are eligible for 245i.

  4. #4
    Hi Rida

    thanks for your response. I'm an RN and had a sponsor petitioned me last april 30 2001 but that petition was denied because I didnt have a professional license at the state I'm supposed to work although i was already a board passer at that time.

    So I may still have a case for grandfathering although it's 50/50 but I wanna know if the consequences is not worth it,if i decide to file because I really want to get a work permit so i can work.

    Is it really a standard procedure to be put in removal if you get denied? coz in that case i dont think i'll pursue my application for now,it's just too risky.

  5. #5
    Hi Sportsfan
    I think 245i apply to you. Even if your petition was denied you still continue to be grandfathered. As long as your petiton was properly filed you should be ok .
    As far as it comes to I-485 denial you can always filed motion to reopen. However , a denial always results in deportation proceedings. This is usually slow process .
    I think you have strong case , specially with your proffesion. You definitely need legal advise.

  6. #6
    rida, I would like to know your opinion on my case as follows:

    I am an LPR file I-130, on Dec. 14, 2000 for my son who is an International Student on F-1, in legal status, over 21 years of age unmarried.
    When the life act was implemented and filing date was extened up to April 30, 2001. I file I-485 for my son. It was retuened to me by the then INS with remarks to attached the copy of I-130 Approval Notice with the I-485.

    I try to explain to the ins office to see the life act, attached the copy and underline the section as well. which allow me to do so but they never respond to my letter.
    What should I do now in this case.
    MasSalama.

  7. #7
    Hi Kumar555
    In order to file I-485 there must be a visa number available and priority date current. In your case your son`s priority date would be date when I-130 was filed with USCIS. Have you received I-130 receipt or approval yet ? Your priority date should state on it.
    In this category LPR filling for unmarried son you have a long way to go. Currently they are processing cases with priority dates from 22 June 96. That is why USCIS returned your I-485 because your son`s priority date wasn`t current yet .When are you becoming US citizen ? If you are already US citizen you could file I-130 again under diffrent category ( us citizen filling for unmarried child )Current processing is 22APR 2001. Also you should be able to retain old priority date if your previous I-130 petition was properly filed . If your son will remain in legal status by the time you will file I-485 than you don`t need to use 245i and pay $1000 file. When are u becoming US citizen?

Similar Threads

  1. Immigration Law Question: I-130 URGENT - Interesting Case question - Weight in
    By Jean Riccardo Rodney in forum Immigration Discussion
    Replies: 14
    Last Post: 05-23-2012, 10:17 PM
  2. Immigration Law Question: I-130 Part D. 2 question
    By Billyk in forum Immigration Discussion
    Replies: 0
    Last Post: 05-15-2012, 09:53 PM
  3. Immigration Law Question: IRS Tax question on Sponsor
    By newday2008 in forum Immigration Discussion
    Replies: 2
    Last Post: 04-10-2012, 03:23 AM
  4. Immigration Law Question: H1-B related question: H1-B about to be filed
    By recentgrad123 in forum Immigration Discussion
    Replies: 5
    Last Post: 03-13-2012, 05:04 PM
  5. Immigration Law Question: K-1 sticker in your passport?? question
    By Momof2 in forum Immigration Discussion
    Replies: 7
    Last Post: 02-01-2012, 05:37 PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
Put Free Immigration Law Headlines On Your Website

Immigration Daily: the news source for legal professionals. Free! Join 35000+ readers Enter your email address here: