question about removal proceedings

[imhrb 0]

Gurus,

We have received a NOID-485 and have 30 days to rebut. My I-130 (marriage-based) seemed to have no problems what-so-ever, yet it is still pending.

My question is, if the 485 is denied and I am put in removal proceedings, can I re-open my I-485 in front of the IJ, assuming the I-130 is not approved till then? Can the judge overrule the CIS' denial and approve the pending I-130 and the denied I-485 at the hearing?

Thanks.

[payxibka 10,045]

It might be helpful if we knew how you arrived and what was your status before you married and filed the I-130 & I-485.

[rrobin 2]

Gurus,

We have received a NOID-485 and have 30 days to rebut. My I-130 (marriage-based) seemed to have no problems what-so-ever, yet it is still pending.

My question is, if the 485 is denied and I am put in removal proceedings, can I re-open my I-485 in front of the IJ, assuming the I-130 is not approved till then? Can the judge overrule the CIS' denial and approve the pending I-130 and the denied I-485 at the hearing?

Thanks.

Any update on your case?

[john_and_marlene 162]

Gurus,

We have received a NOID-485 and have 30 days to rebut. My I-130 (marriage-based) seemed to have no problems what-so-ever, yet it is still pending.

My question is, if the 485 is denied and I am put in removal proceedings, can I re-open my I-485 in front of the IJ, assuming the I-130 is not approved till then? Can the judge overrule the CIS' denial and approve the pending I-130 and the denied I-485 at the hearing?

Thanks.

Any update on your case?

The OP has not logged in since the date of his post. I assume it did not go well for them.

[rrobin 2]

Gurus,

We have received a NOID-485 and have 30 days to rebut. My I-130 (marriage-based) seemed to have no problems what-so-ever, yet it is still pending.

My question is, if the 485 is denied and I am put in removal proceedings, can I re-open my I-485 in front of the IJ, assuming the I-130 is not approved till then? Can the judge overrule the CIS' denial and approve the pending I-130 and the denied I-485 at the hearing?

Thanks.

Any update on your case?

The OP has not logged in since the date of his post. I assume it did not go well for them.

You may be right. This is a very interesting case, and I have been following it on other forums. This is what the OP wrote on http://forums.immigration.com/showthread.php?t=283941

They are using very flimsy basis to deny the case. Basically that I had gotten a driver's license from a different state (for one week) cuz some people said it was easier. Secondly, I was visiting my aunt in a different state for 2-3 weeks and bought a car there, so to drive it back I registered it and gave my aunt's address because the DMV wanted a local address. So they say I used false and fictitious address "twice" - and this all outweighs family unity.

[Bobby+Umit 161]

Ah - so she "lied" on the form for the license.

Warnings abound about lying to the government.