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.

Page 1 of 3 123 LastLast
Results 1 to 10 of 26

Thread: 2nd 1-485 denied.

  1. #1
    Hi all,

    I got married in 1992 then got divorced in 1994. (long story here) and I filed I-751 myself in 1994. INS said my marriage was not in good faith so I was denied. I did not fight due to financial reason and I have been out of status ever since.

    Years later today, I am married 13 years and 2 kids. Since my wife just recently got her GC (eb2), we filed 1-485 to follow to join her. But got denied because my previous marriage was not in good faith, so under 204(c), I am precluded from approval. Our attorney said to file a motion to reopen 1-485 to fight the fraud decision by DHS.

    Do you think that is a good idea and why? My marriage was in good faith. We dated for 6 months before we got married and we got pictures and bank accounts.

    What other options do I have? I know I have a good chance to stay if I am put in deportation proceeding because I have a LPR wife and 2 USC sons. I paid tax for more than 15 years and etc.

    Thanks.

  2. #2
    Hi all,

    I got married in 1992 then got divorced in 1994. (long story here) and I filed I-751 myself in 1994. INS said my marriage was not in good faith so I was denied. I did not fight due to financial reason and I have been out of status ever since.

    Years later today, I am married 13 years and 2 kids. Since my wife just recently got her GC (eb2), we filed 1-485 to follow to join her. But got denied because my previous marriage was not in good faith, so under 204(c), I am precluded from approval. Our attorney said to file a motion to reopen 1-485 to fight the fraud decision by DHS.

    Do you think that is a good idea and why? My marriage was in good faith. We dated for 6 months before we got married and we got pictures and bank accounts.

    What other options do I have? I know I have a good chance to stay if I am put in deportation proceeding because I have a LPR wife and 2 USC sons. I paid tax for more than 15 years and etc.

    Thanks.

  3. #3
    Another question:
    Since my I-485 is denied, will DHS send me a NTA or will ICE arrest me?

    Thanks.

  4. #4
    Sorry, your failure to appeal the first decision will prohibit any approval of a new application. You must make your request for residency in removal proceedings.

  5. #5
    I was gonna leave the country back in 1997 after I stopped getting stamps from INS.

    (This is the funny part about this whole thing. Even I was denied 1-751, I never got the NTA and INS sent another copy of the NTA to my previous lawyer, so I keep going back to INS and getting extention stamps for 2 years).

    Then I met my current wife (she was a student, as you can see, if I was continue my "fraud" route, I will target a USC to marry). We got married until now.

  6. #6
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by lonestar:
    Hi all,

    I got married in 1992 then got divorced in 1994. (long story here) and I filed I-751 myself in 1994. INS said my marriage was not in good faith so I was denied. I did not fight due to financial reason and I have been out of status ever since.

    Years later today, I am married 13 years and 2 kids. Since my wife just recently got her GC (eb2), we filed 1-485 to follow to join her. But got denied because my previous marriage was not in good faith, so under 204(c), I am precluded from approval. Our attorney said to file a motion to reopen 1-485 to fight the fraud decision by DHS.

    Do you think that is a good idea and why? My marriage was in good faith. We dated for 6 months before we got married and we got pictures and bank accounts.

    What other options do I have? I know I have a good chance to stay if I am put in deportation proceeding because I have a LPR wife and 2 USC sons. I paid tax for more than 15 years and etc.

    Thanks. </div></BLOCKQUOTE>

  7. #7
    I think this battle is going to be won or lost before an IJ in deportation proceedings.

    filing an Appeal, MTR will be a waste of limited resources. Wait patiently for the Service to issue an NTA, if they ever think it's worth their time to do so. If they don't ask your Atty to go over there and push them to issue it.

  8. #8
    Thanks for your reply.

    I have see a few cases decisions to know that I have a pretty good shot at staying if I am in deportation proceedings. However, that will mean losing my job (I love my job) and stay home for 3+ year to file I-130 (?) family based since my wife is LPR.

    Why do you think a MTR is a waste of resources?

    Thanks.

  9. #9
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by lonestar:
    Thanks for your reply.

    I have see a few cases decisions to know that I have a pretty good shot at staying if I am in deportation proceedings. However, that will mean losing my job (I love my job) and stay home for 3+ year to file I-130 (?) family based since my wife is LPR.

    Why do you think a MTR is a waste of resources?

    Thanks. </div></BLOCKQUOTE>

    Sorry I was kind of brief in my last response. To the question, "why is MTR a waste of resources?" The reason is, unless you have a new evidence or proof that you can submit, the adjudicator is going to use previously provided documents to reach the same decision. Tharefore, spending money to reopen the case only for the service to reach the same decision. And that leads you back to where you should have gone in the first place, deportation hearing.

    Also, there could be a damaging information the service has gotten on you after the I-130/I-140 application, possibly from the first wife, which they haven't shared with you yet but used to come to a decision. You can FOIA your file when you get before the IJ. Quicker that way than to do it now.

  10. #10
    Thanks for understanding my issues.

    The issue here is that I was not found of marriage fraud on my fist marriage. I was never put in deportation, never got my NTA and I continue to receive 1-751 extension stamp for 2 years until I stopped going to INS myself voluntarily.

    My lawyer is saying

    1. the current 1-485 denial was wrong because it based solely on prior decision.
    "Matter of Tawfik, 20 I&N Dec. 166, 167 (BIA 1990). With regard to denials based on a prior finding of marriage fraud, the BIA stated the following: “the district director should not give conclusive effect to determinations made in a prior proceeding, but, rather, should reach his own independent conclusion based on the evidence before him.”

    2. The prior decision on my 1-751 was also wrong because I was never given the chance to defend myself because I never got my NTA and also another copy of the NTA went to my previous lawyer's office.
    "If an independent conclusion was, in fact, made by the USCIS, the parties must be informed of the basis for the conclusion. The evidence relied upon should be referenced in and included with the decision to provide the parties an opportunity to properly respond. Furthermore, federal regulations require that if a decision adverse to an applicant, “is based on derogatory information considered by the Service and of which the applicant or petitioner is unaware, he/she shall be advised of this fact and officer an opportunity to rebut the information…"

    What do you think?

Similar Threads

  1. I-485 denied, motion filed, if denied again whats next?
    By KNIGHT in forum Immigration Discussion
    Replies: 9
    Last Post: 05-21-2007, 08:57 AM
  2. call for 2nd time interview for I-485 -- Need help please
    By XYZABC in forum Immigration Discussion
    Replies: 21
    Last Post: 08-14-2006, 01:53 PM
  3. Replies: 4
    Last Post: 12-10-2005, 07:03 PM
  4. I-485 filing under Employment 2nd preference
    By Iron Felix in forum Immigration Discussion
    Replies: 1
    Last Post: 10-27-2005, 11:35 AM
  5. Replies: 2
    Last Post: 07-27-2004, 06:51 AM

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: