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Thread: denied i-485; now what?

  1. #1
    I hope someone can shed some light to my problem. I have been married to my US Citizen for almost 2 years now. I came to the US when I was 12 back in 1992 as a visitor. I ended up staying and going to school/working here since then. The only complication on my case is that I lost my passport with my original i-94 a while back.

    We submitted and pplication for the i-102 but was denied because they could not find my original arrival in 1992. My attorney advised us to file for the i-130 which was approved a year ago.

    Last week, my wife and I went in to get interviewed for my i-485. The marriage part was not an issue but rather they said that the documents(affidavits from witnesses about my arrival, certification from my home country) I presented them regarding my original arrival here in the US was not enough and that they need an actual tangible proof such as a boarding pass or a flight manifest. I contacted the airlines but was unable to get anything from them because they purge their records every five years. Needless to say my i-485 application was denied.

    Now, my wife and I are caught in this legal limbo. We have an approved i-130 but a denied i-485. Can we appeal this denial of my i-485? Any inputs will be greatly appreciated.

  2. #2
    I hope someone can shed some light to my problem. I have been married to my US Citizen for almost 2 years now. I came to the US when I was 12 back in 1992 as a visitor. I ended up staying and going to school/working here since then. The only complication on my case is that I lost my passport with my original i-94 a while back.

    We submitted and pplication for the i-102 but was denied because they could not find my original arrival in 1992. My attorney advised us to file for the i-130 which was approved a year ago.

    Last week, my wife and I went in to get interviewed for my i-485. The marriage part was not an issue but rather they said that the documents(affidavits from witnesses about my arrival, certification from my home country) I presented them regarding my original arrival here in the US was not enough and that they need an actual tangible proof such as a boarding pass or a flight manifest. I contacted the airlines but was unable to get anything from them because they purge their records every five years. Needless to say my i-485 application was denied.

    Now, my wife and I are caught in this legal limbo. We have an approved i-130 but a denied i-485. Can we appeal this denial of my i-485? Any inputs will be greatly appreciated.

  3. #3
    did you receive any paper about the denial? It usualy says at the bottom what actions you can take..

  4. #4
    So you came in 1992 through a port of entry I would guess. The I-94 is usually enough as it contains the proper stamp and the record of admission. However, if you don't have an I-94, the stamped passport is also strong evidence of admission. If you do not have any of those if may be difficult to process a case. Try consulting with the port of entry, now they won't give you any records directly but they could forward your record of admission to the district office. FOIA is also an alternative, your attorney could summons some records that way. This is only a general opinion.
    -THIS IS NOT LEGAL ADVICE-

  5. #5
    Thanks for the reply, aneri. No, we haven't received the paper yet. We'll probably receive this soon.

    As far as actions, what would be the next feasible step to do? Does this mean I need to go back to my home country and get a visa there? I'm also aware of the 10 year ban if I go home.

  6. #6
    Thanks Houston. I'll try contacting my POE and hopefully find something from them.

  7. #7
    Enlighten me on how you traveled since you were only 12. Were you alone or with an adult?

  8. #8
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by floyd:
    Enlighten me on how you traveled since you were only 12. Were you alone or with an adult? </div></BLOCKQUOTE>

    Good Question. I went with my mom to the US.

  9. #9
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by aneri:
    did you receive any paper about the denial? It usualy says at the bottom what actions you can take.. </div></BLOCKQUOTE>

    I just received the denial letter. It just says that I need to depart the US or they "MAY" have me go through removal proceedings. Will we still be able to somehow appeal this case and take it to immigration court of appeals?

  10. #10
    I am guessing but I believe that should go a long way in helping the INS at the port of entry track your I94. Her number and yours should not be far off.

    Actually even the US consulate in your country should also be able to identify a visa number based on that of your mother. I am guessing she had to go get the visas, thus the passports where together when stamped.

    It is a long shot but at this time I guess anything will do.

    You will have to appeal the decision to the BIA. You can appeal any decision they made.

    How much time do you have?

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