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Thread: Is this also a deportation order?

  1. #1

    Is this also a deportation order?

    I received a denial letter on my I-485 from USCIS, denying adjustment of status from F1 to permanent residence and cannot tell whether it's also an order to depart. Reason for denial is citizenship claim on employment I-9 form in 2002. I had filed I-485 based on marriage to a citizen. We also have 2 children together, who are citizens.

    The letter says;

    "USCIS denies your form I-485. You will have an opportunity to renew your application for AOS and/or request other relief that may be available in removal proceedings before an immigration judge. You are not authorized to remain in the United States and should make arrangements to depart as soon as possible. You may not appeal this decision but you may file a motion to reopen or a motion to reconsider using form I290B."

    I received no other letters.
    I also have an appointment to talk to a lawyer in a couple of weeks, but I just want to know what you guys think in the meantime.

    So, my questions are:
    i) Is the statement, "YOU SHOULD MAKE ARRANGEMENTS TO DEPART..." a deportation order?
    ii) If it is, does it mean I can now file for cancellation of removal?
    iii) Is my work authorization also terminated? I still have 9 months left on the work authorization card given after I-485 filing.

  2. #2
    You are required to leave. It is not a deportation or removal order, but if you remain you become an illegal alien.

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