Am I "out of status" or "unlawful presence"?

[C0881 2]

Our lawyer is going to send an appeal by this Friday. However the appeal is for my husband's I-130. My I-485 denial letter says that I-485 is not appealable but I can file a motion to reopen within 30 days from May.

The appeal fee for my husband's peitition is $110. The motion to re-open fee for my i-485 is $585. Since money is a issue, we decided to appeal for my husband's I-130 peition only (and because lawyer told us I-485 relies on I-130 result so filing a motion for I-485 now won't change the appeal result of the I-130).

But I am wondering - if I let this I-485 unactioned, will I be "out of status" or "unlawful presence" in legal sense? Cause now, i-485 denial letter has said that my EAD has been revoked and cancelled. Any benefits granted been cancelled.

I want to know how soon will I be put into removal proceedings? Will I be put into removal proceedings really? They really want to deport a US citizen's spouse for the wrong past of the US husband?

[siciliantizio1979 0]

Hi C0881. I too am scared that I would have to go through the same thing as you are going through right now. After you submitted the reply to the NOID, how long after did they send you the denial letter? Our due date for replying to the NOID is July 13th and in case of denial we want to appeal as well. I'm trying to save right now for any other fees coz I know that it is $585, I don't know yet if our attorney will still help us file an appeal coz I'm sure she will charge us again and money is tight for us too.

[C0881 2]

We did not receive any NOID in the first place. All in a sudden, end of May, our lawyer received a denial letter from USCIS for my husband's I-130 and another denial letter for my i-485. The denial letter of I-130 says that USCIS mailed out a RFE on Jan 14 and we did not respond. The fact is that both our lawyer and we did not receive any RFE in the mail EVER. I took screenshots of USCIS online case status. I took one on May 22 - 3 days before the date of the denial letter. The online case status was showing "initial review", like background check, etc. It never reached the stage of "Request for Evidence". If you have used the website to check your case status, you will know what I talking about. So this screenshot is going to be one of the materials in the appeal. There are also some erros in their denial letter as well.

For example, the psychological assessment my husband did in June 2009 was done before we submitted an application for I-130 and I-485 in September 2009. But in USCIS's denial letter, they mentioned that the assesment was done in response to the Notice of Intent to Deny that USCIS sent to us. I fell off my chair. How can we do a psychological assessment for a NOID in June 2009 when in fact our application packet was sent in September 2009 ?!

[Bobby+Umit 161]

Our lawyer is going to send an appeal by this Friday. However the appeal is for my husband's I-130. My I-485 denial letter says that I-485 is not appealable but I can file a motion to reopen within 30 days from May.

The appeal fee for my husband's peitition is $110. The motion to re-open fee for my i-485 is $585. Since money is a issue, we decided to appeal for my husband's I-130 peition only (and because lawyer told us I-485 relies on I-130 result so filing a motion for I-485 now won't change the appeal result of the I-130).

But I am wondering - if I let this I-485 unactioned, will I be "out of status" or "unlawful presence" in legal sense? Cause now, i-485 denial letter has said that my EAD has been revoked and cancelled. Any benefits granted been cancelled.

I want to know how soon will I be put into removal proceedings? Will I be put into removal proceedings really? They really want to deport a US citizen's spouse for the wrong past of the US husband?

Your lawyer should be able to answer your questions on the removal - usually, the denial letter gives you 30 days to leave, after that - removal proceedings will occur.

The 485 keep your status "frozen", now that it is denied, you will go back to the status you are currently at (most likely "out of status" and you are accruing "unlawful presence" which counts toward any ban upon re-entry to the US - your status is controlled by your I-94 - so what date is on that form?)

Yes - if your husband didn't follow the law, it will affect your immigration, and you could be deported based on that (due to the AWA).

[siciliantizio1979 0]

I know what you mean, USCIS always has their stuff messed up. Our NOID had a different name for the beneficiary on some of the pages. Did the denial letter say anything that you would need to leave? How long have you been out of status? Please message me privately if you can.

Thanks.

[C0881 2]

In my I-485 denial letter, it does not ask me to leave in 30 days. It just says there is no appeal for this decision but if I am ever put into removal proceedings I can present new information to an immigration judge if there have been changes in the circumstances. So I don't think I am accruing unlawful presense. But I believe I could have been out of status. Our lawyer mailed out the appeal today and we hope that we can get back the 87 days RFE response time (because USCIS claimed they sent such RFE to us in Jan but neither we or our lawyer received a copy). I really think USCIS needs to provide more training to their adjudication officers. From that denial letter, I am really disappointed at their level of profession and accuracy. They are under department of homeland security but their notices in writing were written so loose.

Forgot to clarify: there is no appeal option for I-485. but the appeal our lawyer mailed out today is for the I-130.

[kazuava 4]

Our lawyer is going to send an appeal by this Friday. However the appeal is for my husband's I-130. My I-485 denial letter says that I-485 is not appealable but I can file a motion to reopen within 30 days from May.

The appeal fee for my husband's peitition is $110. The motion to re-open fee for my i-485 is $585. Since money is a issue, we decided to appeal for my husband's I-130 peition only (and because lawyer told us I-485 relies on I-130 result so filing a motion for I-485 now won't change the appeal result of the I-130).

But I am wondering - if I let this I-485 unactioned, will I be "out of status" or "unlawful presence" in legal sense? Cause now, i-485 denial letter has said that my EAD has been revoked and cancelled. Any benefits granted been cancelled.

I want to know how soon will I be put into removal proceedings? Will I be put into removal proceedings really? They really want to deport a US citizen's spouse for the wrong past of the US husband?

Hello, C0881!

Frankly, I'm not sure how to qualify your present status using legal terminology, but common sence tells, that as long as you use lawful ways to deal with situation, you are just fine. You could appeal, you have a base to appeal, and while your appeal is pending you are just fine. And I know, there are ways to get to Fed Court as well. Which is more expensive, but better way to straighten situation out.

As for me, we haven't even apply for I485 this time and still are goung the same way everybody else does (RFE, NOID...) The only thing that our I130 haven't been denied yet, and I hope it would't be. (the 1st time it was denied, for the similar reason as yours)

USCIS doesn't even touch I485 before I130 is approved. As for USCIS.gov, me too, I see "Initial rewiew" there, and we had interview already, NOID... So, I agree, this web site is not a source, moreover, calling 877 number, is not any better, since their workers see the same you can see on-line... I feel greatly dissapointed about it. So far, for us, Inforpass was the only source of reliable info.

Sorry, I got sidetracked.

Denying I-485 cased denying EAD and other priveliges, but really all of it because denied I-130. But your appealing of decision puts you back... I want to say "in status", but that is wrong way of saying that... Also, I don't thik you are accumulating any "unlofull presence" while you are going through appeals.

But I can't be sure.

Did you asked your lawyer this question?

[kazuava 4]

Let me add about remuval Prosedengs.

From what I understand, after denial case is sent to Court, so you ay get invitation to Master Hearing soon (for me it took a year, really! But read it. There are different relieves. Like our new I130 is considered the one. I guess, your appeal will act the same way. Untill there as desidion on it, case will not move forvard in Court.

So far we had 3 (!) Master hearings already and soon are heaving another. Basicly all Judge cares is if there are news on my new I130. All my master hearings were 5 minutes at the most. It the end of hearing clerk prints another invitation to Master hearing with a later date. Bureaucracy.

I told a lot about my case because I see a lot of similaritied and hope it helpes you a little.

Did your lawyer tell anything about option of going to Fed Court? May be not roght now but in case you need it?

Good luck!

[Otto 83]

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[payxibka 10,045]

Our lawyer is going to send an appeal by this Friday. However the appeal is for my husband's I-130. My I-485 denial letter says that I-485 is not appealable but I can file a motion to reopen within 30 days from May.

The appeal fee for my husband's peitition is $110. The motion to re-open fee for my i-485 is $585. Since money is a issue, we decided to appeal for my husband's I-130 peition only (and because lawyer told us I-485 relies on I-130 result so filing a motion for I-485 now won't change the appeal result of the I-130).

But I am wondering - if I let this I-485 unactioned, will I be "out of status" or "unlawful presence" in legal sense? Cause now, i-485 denial letter has said that my EAD has been revoked and cancelled. Any benefits granted been cancelled.

I want to know how soon will I be put into removal proceedings? Will I be put into removal proceedings really? They really want to deport a US citizen's spouse for the wrong past of the US husband?

1) What was your original status?

2) Is your I-94 expired?