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I-130 approved but I-485 DENIED...pLEASE HELP

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  • I-130 approved but I-485 DENIED...pLEASE HELP

    I am married to a USC..Have 2 kids usc.
    My I-130 was approved but my I-485 denied
    for misrepresentation of my husband status while
    asking for avisaB2 from the country of my birth.
    The process has been going on for 4 years now.
    Is the fact that my I-130 was approved will prevent me from being deported...the INS said that they willl start the process of deporting me. Will I have the right to appear first in front of an INS judge so he can hear my case ?
    THANK YOU FOR YOUR ADVICE ...

  • #2
    I am married to a USC..Have 2 kids usc.
    My I-130 was approved but my I-485 denied
    for misrepresentation of my husband status while
    asking for avisaB2 from the country of my birth.
    The process has been going on for 4 years now.
    Is the fact that my I-130 was approved will prevent me from being deported...the INS said that they willl start the process of deporting me. Will I have the right to appear first in front of an INS judge so he can hear my case ?
    THANK YOU FOR YOUR ADVICE ...

    Comment


    • #3
      A denial of an application for adjustment of status is reviewable by an Immigration Judge in the context of Immigration Court proceedings. I presume you had to file a waiver in conjunction with your original application b/c of the alleged fraud. You should consult an experienced immigration attorney to assist you with your case b/c things can perhaps be done before your case gets to the point of Court proceedings. Motion to reconsider to the INS? Just a thought. Good luck with your case.

      - rrv
      e/m: rvelasquez@srs-law.com

      Comment


      • #4
        I forgot --> Thank Goodness your I-130 was at least approved! That may help the posture of your case down the road. - rrv

        Comment


        • #5
          I already appealed twice and got denied twice...
          to see a judge should I ask for it or should I eait to hear from the INS. The last time I heard from them was 9 months ago telling me they will start the process for removing me IF i DON'T leave the country. One lawer said that I should wait . another lawer said that I need to act and ask to see a judge or the INS will forget about me
          and just consider my file closed.
          please do you have an opinion regarding this ?
          Thank you so much for your help...

          Comment


          • #6
            Dear Sarah - If you want to bring some closure to your status, you're going to have to go through Immigration Court proceedings. The INS is probably wondering how to charge you which is the reason for the delay (also, INS is just notoriously slow depending on the district you're dealing with). Anyway, when you talk to your attorney(s), be sure to discuss what they think about the strength of your I-485 before an Immigration Judge. Presumably, you're shared all of the details of your application with them, so they're in the best position to advise you.

            - rrv
            e/m: rvelasquez@srs-law.com

            Comment


            • #7
              THANK YOU RRV SO MUCH FOR YOUR REPLY...
              IT NICE TO SEE THAT THEY'RE STILL SOME GOOD PEOPLE
              OUT THERE EAGER TO HELP...
              THANK YOU TO ALL OTHER PEOPLE FOR THEIR ADVICE...

              Comment

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