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Results 1 to 6 of 6

Thread: I-485 Denied

  1. #1
    I posted this before.
    My friends got their I-485 denied(base in marriage) and the INS send some papers like : NOTICE TO APPEAL, NOTICE TO APPEAR IN REMOVAL PROCEEDINGS,AND REQUEST PROMT HEARING.
    They talked to their lawyer and She told them , that the best thing to do is to filed the notice to appeal and also file a new petition I-130 and I-485. Later on They will start the process again and the judge will pospone the final desicion of deportation because of the new file.
    This is a little confused, because He is almost closed to get deported and file another petition doesn't sounds right to me.
    In the other hand they are almost buying a house..they already make an offer...and the Lawyer told them that they should go ahead and buy it.
    Thanks so much in advance for your help.

    Benita

  2. #2
    I posted this before.
    My friends got their I-485 denied(base in marriage) and the INS send some papers like : NOTICE TO APPEAL, NOTICE TO APPEAR IN REMOVAL PROCEEDINGS,AND REQUEST PROMT HEARING.
    They talked to their lawyer and She told them , that the best thing to do is to filed the notice to appeal and also file a new petition I-130 and I-485. Later on They will start the process again and the judge will pospone the final desicion of deportation because of the new file.
    This is a little confused, because He is almost closed to get deported and file another petition doesn't sounds right to me.
    In the other hand they are almost buying a house..they already make an offer...and the Lawyer told them that they should go ahead and buy it.
    Thanks so much in advance for your help.

    Benita

  3. #3

  4. #4
    It was denied, because they have some inconsistent answers, and the officer didn't believe them. They both were very idiots, just for trying to show a perfect marriage, they made a mess that they can't fix.
    thanks, Benita

  5. #5
    your attorney is correct... this is a way to protect you in your deportation..
    here how it goes( yes someone 12 its english and I don't have much time to correct grammers).

    Once the NTA is issued , case goes to immigration court. your 485 is denied ( you can also appeal in AAU/AAO but that doesn't change anything because removal proceedings are already started). so once you file another 130 then you have something in hand to ask form the judge that visa petition is filed on your behalf so that judge can wait for the decision on 130. Immigration always has the jurisdicition on 130 but once the removal is filed with the immigratioin court immigration department lost the jurisdiciton over 485.. only judge can approve the 485 after the NTA..( you have to file 485 in court) thats what your attorney want to tell you.
    If you don't file anything that it is obvius that you have to go to immigration court one day.. what you will say to judge then? whatdo you think that you make the merit ? what protect you from getting deported? nothing... judge have nothing in his hand according to immigration law that you should not be deported, only thing judge will look for your record that if you have any crime or not.. in you are clean then judge will grant you voluntary departure , other wise deportation. in both case you will have to go.. regardless. so file I130 and protect your self.. thats the last chance you have..
    Its a discussion, not a legal advise..

  6. #6
    Thanks Mohan. I really appreciate your reply.
    Do you have an email I can write in case I have any question related to this topic. Thank you again.

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