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I-485 denied, I-130 pending

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  • OldE
    replied
    OP don't listen to nobody ! Only Malik Papish can help you , pick up the phone now and dial 1-800-MALIKPAPISH !

    Leave a comment:


  • Aroha
    replied
    To the OP, do yourself a favor and visit http://visajourney.com or http://immigrate2us.net. You will get better answers (without the judgment and the ridiculously misleading information) over there.

    Good luck

    Leave a comment:


  • OldE
    replied
    No, TPS won't overrule EWI (unless he/she was admitted as TPS).
    This case is serious and needs speedy assistance of Malik Papish.
    Call now 1-800-MALIKPAPISH !

    Leave a comment:


  • federale86
    replied
    Your problem is the EWI. Only those who were admitted or paroled can adjust. You will get the I130 approved, but will have to obtain an immigrant visa at the embassy with a waiver.

    Leave a comment:


  • OldE
    replied
    Give a call to Malik Papish.
    For $1000 he can fix papers for you.
    Malik Papish once told Bangladeshi guy in similar situation that EWI is no problem, just use some vinegar to erase your finger prints and apply for new Bangladeshi document with difefrent name , date of birth and etc.
    Hundreds of EWI Bangladeshis successfully attained their Citizenship due to excellent job done by Malik Papish!
    Call Malik Papish now 1-800-MALIKPAPISH!

    Leave a comment:


  • SonofMichael
    replied
    This discussion board is about getting rid of Obama-Pelosi and IMBRA. Please do not waste valuable internet space with posts about immigration. Just read and follow the instructions on the forms. All the information is there.

    Leave a comment:


  • Brit4064
    replied
    As I understand it, one is paroled entry meaning you are not formally admitted (inspected) into the USA on TPS (as you would be by entry on a visa etc). That would explain why the USCIS denied on the grounds of "You have not been inspected and admitted into the US" bit. That's your #1 problem. Look here for more info on the I-601 waiver.

    It gets worse because if he leaves the USA for you to apply for a visa (I-130/K3) in the home country he could then be considered illegal because he was never formally admitted into the USA (if in the USA more than 179 days). This has happened before. An I-601 waiver would then be needed to overcome the illegal part.

    As to the "you were not the beneficiary of of an immigrant visa petition" that bit doesn't make any sense. Find a good immigration lawyer ASAP. Good luck.

    Leave a comment:


  • Tak
    replied
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">In which situations are I-130 and I-485 filed together? Why would visa number not be available to a spouse of USC? </div></BLOCKQUOTE>
    Approval of I-130 can take longer time. Unless, I-130 is approved, I-485 can not be approved. Visa number becomes available after I-130 is approved not before.

    Leave a comment:


  • aneri
    replied
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Tak:
    You adopted wrong procedure. You should have filed I-130 and after it's approval, you should have filed I-485 with waiver. Interview by USCIS was also baseless, as you had not approved I-130. Since I-130 is not approved and current visa number is not available, denial was right. </div></BLOCKQUOTE>
    In which situations are I-130 and I-485 filed together? Why would visa number not be available to a spouse of USC?

    Leave a comment:


  • OldE
    replied
    Any decision can be appealed and the case can be reopened if there is a strong evidence that the adjudicating officer arbitrarily made a decision out of the blue and abused discretion. No decision is written in stone, even if it says on paper there is no appeal.

    The question is what the facts of the case are and what was decision based on. From OP it appears that she doesn't even know what forms she filed, what was the interview for and what got denied.

    How can someone be so out of clue and expect strangers on this forum to tell her what has happened ?

    These people are useless waste of time, i don't understand how such clueless individuals complete even the most routine tasks in their lives!

    Leave a comment:


  • Tak
    replied
    You adopted wrong procedure. You should have filed I-130 and after it's approval, you should have filed I-485 with waiver. Interview by USCIS was also baseless, as you had not approved I-130. Since I-130 is not approved and current visa number is not available, denial was right. Waite for I-130 to be approved and re-submit I-485 with a waiver. Decision that you cannot appeal is right because on which basis you will appeal, there is no approved petition at this time.

    Leave a comment:


  • OldE
    replied
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by 485denied130pending:
    I’m a USC and I petitioned my husband. We filed concurrently all the forms (I130, I485, G325, medical examination, affidavit of support, etc.) on August 23, 2009. We received NOA for I130 and I485. A few days later my husband got appointment for biometrics and later we got an appointment for an interview (10/29/2009). At the interview, the officer asked questions about us, asked for more documents, etc. At the end, she said we would get a decision in 60 to 90 days. A week later we got a denial letter for his i485 and there is no appeal. The reason is: "You have not been inspected and admitted into the US". Also "Because you were not admitted or paroled following inspection by an immigration officer, you are ineligible to file using the Form I-485 for benefits under 245(a). Also, you were not the beneficiary of of an immigrant visa petition ...... (I'm a USC, doesn't that qualify him for a visa?....)

    I called the USCIS to get more answers. After explaining what happened, they told me that my I-130 has not been approved and that I should wait for the approval to do anything. (They are working on applications received May 3). I asked her if I should file a motion to reopen, and she said I would only waste my money since the I130 has not been approved.

    Why do they allow you to file all the forms together if they are not going to review them at the same time.
    What happens after that if the i130 is approved , since the i485 was denied?

    Why did they do an interview without approving I130 first?
    Please help!!! </div></BLOCKQUOTE>

    You can print all the immigration forms that exist out there, fill them out and mail to USCIS. They are not responsible for your decision to do so.

    If I-130 is approved then you file AOS provided immigrant is here.

    At that point if he is EWI who entered past 12/2000 and filed past 04/2001 then I485 will be denied and he will be required to process through consular.

    If he entered as EWI, TPS doesn't ovevrride it. If he entered with visa then proceed with attached copy of I-94 and proof of admission.

    The interview must have been for an application that wasn't related to I-130.
    Only you know what you filed and what the interview was for.

    If you need help find good immigration attorney who specializes in cases such as your husbands.

    Good luck.

    Leave a comment:


  • unique
    replied
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">unique... did you read my first post? Both of us went to the interview. </div></BLOCKQUOTE>

    Yes, I read your first post, and responded at 11-07-2009 01:11 PM. You then changed your original story (This message has been edited. Last edited by: 485denied130pending, 11-07-2009 01:28 PM).

    I think you’re trying to engage us into some kind of hypothetical science project.

    Leave a comment:


  • aneri
    replied
    as far as I know - I-94 should count, as he was paroled into the USA, TPS or not.. and denial letter says "you were not admitted or paroled"!?

    what did the interview letter say? what was the interview for? If that also matches your case... well, I would start by taking all the documents to the local office (infopass) and ask for an explenation. Make them take a look at the documents...

    also, a lawyer is always a good idea in situations like this.. but try infopass first

    sorry, have no other ideas as it seams that something went wrong on USCIS part.

    Leave a comment:


  • 485denied130pending
    replied
    aneri:
    I prepared the forms and I checked them and rechecked them many times to make sure every thing was ok. (I'm sure there's always a possibility that something could be wrong...)

    Under Part 2 Application type: a)An immigrant petition giving me an immediately available immigrant visa number that has been approved.

    We sent a copy of I-94, but apparently it doesn't count because he's under TPS status.

    Leave a comment:

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