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  • I-485

    To Mohan - Can you help?

    I feel lucky in some respect and unlucky in others. I filed an I-130 petition for my husband and we had it approved in less than a year. We applied in September, 2001, and he received his EAC in about 3 months and our interview was in April, 2002. However, they will not adjust his status because he came to the US by ship. We filed all the papers after April 30, 2001 becuase we got the wrong information. WE were told that because we were already married he would be OK, so we didn't rush to file under 245(i). When we went to the interview for the I-130 it seemed like everything was going to be OK. The officer said everything looked good, except his pictures were wrong and he left the room to make some copies and get an address for us to go have more pictures made and when he came back he said he could not approve the I-485 petition and would not offer any reason why other then we would receive a letter stating his reason and we should wait to hear from him. We waited and the letter came about 5 days later. They said his application was denied because he was out of status, came to the US as a crewman, and we didn't file under 245(i). The letter also stated we had 15 days to respond to why his EAC should not be revolked. So we responded right away and we are still waiting. That was 7 months ago. In the meantime, his EAC has expired. We filed for renewal on September 21, 2002 (it was due to expire on December 2, 2002), they transfered the application to the office where the I-485 is still pending, but we still haven't heard anything about either. I was told that if we haven't heard anything on his EAC by December 21, 2002 we can go to the local office and get an interium EAC until the application process is completed. We are afraid that they are going to put him into removal proceedings because he has been in the US for almost 5 years now. Does anyone have any suggestions on what we can do? My husband is not a terroist, he has never been in any trouble since he has been here, we have been married now for almost two years and want to go on with our life. We would like to travel and right now he can't even work. He was advised that since his EAC has expired and we have to wait until 12/21 to go to INS we should quit working. Luck enough I am working and have my own business and can support both of us for now. Can anyone help? Thanks

  • #2
    When did you file the I-130 for him?


    • #3
      The receipt date on I-130 was September 21, 2001.


      • #4
        Do you have a yahoo account? We could instant message each other there.


        • #5
          No yahoo account, just email through hotmail or compu serve.


          • #6
            Did He inspected?
            how long he was permitted to stay?
            You are not qualify under 245i. he is already under deportation proceeding.
            Please let me know then I can figure out what will be the consequences, most probably detention and bond( i guess)


            • #7
              He was inspected and he was given an I-95 (crewman's pass) for 29 days. He was supposed to return to the ship in 29 days to leave port. But he failed to return.

              He is not indeportation yet. INS has not said anything about deportation. They just said he could not adjust status because he failed to file under 245(i).

              It is just so frustrating. We even went to INS about four months ago and they still would not tell us anything. They said just wait to hear from them.

              IF they should start deportation, how does that work? Will they come and take him away or will he have time?

              Can you offer any suggestions?


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