I-485 Denied

[fye 0]

I recently stated my situation on a topic why my I-485 was denied. Im currently waiting for the "decision" letter. I havent had any official consulation with a lawyer but ive asked a couple of lawyers and they said it was better for me to leave the country. My question is should i wait for the letter and consult a lawyer or start now? How long is it going to take for me to receive this paper? More info on whats the process, please.

[canadian_wife 1,818]

Why was your AOS denied? What happened at the interview? What are the terms of your adjustment (what visa did you enter on and when?)

Good luck

[Pegworth 2]

http://www.visajourney.com/forums/topic/295799-i-130-approved-aos-interview-denied/page__p__4480403#entry4480403

Here's a link with more info from a previous thread.

Edited February 27, 2011 by Pegworth

[Darnell 8,478]

I suggest you have yer Mom check in with NVC, start NVC Processing .

at some point, you'll need to get back to Columbia (get a new passport too) ..

and handle Consular Appointment at the IV Unit in Bogota..

Expect some ban also, have the waiver prepped and ready to go on Interview day.

or

Fight it out, stateside, until an immigration judge tells you to leave, or grants the adjustment case.

[RICARDO4EVA2 194]

http://www.visajourn...03#entry4480403

Here's a link with more info from a previous thread.

recall this issue.

[Haarp425 26]

fye,

What was your priority date when you received your I-797C?

Current Visa Bulletin For February 2011:

FAMILY-SPONSORED PREFERENCES

First: Unmarried Sons and Daughters of Citizens: 23,400 plus any numbers not required for fourth preference.

Second: Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents: 114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, and any unused first preference numbers:

A. Spouses and Children: 77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;

B. Unmarried Sons and Daughters (21 years of age or older): 23% of the overall second preference limitation.

Third: Married Sons and Daughters of Citizens: 23,400, plus any numbers not required by first and second preferences.

Fourth: Brothers and Sisters of Adult Citizens: 65,000, plus any numbers not required by first three preferences.

[Family] [All Chargeability Areas Except Those Listed] [CHINA-mainland born] [DOMINICAN REPUBLIC] [iNDIA] [MEXICO] [PHILIPPINES]

1st 01JAN05 01JAN05 01JAN05 01JAN05 22JAN93 01AUG94

2A 01JAN08 01JAN08 01JAN08 01JAN08 01APR05 01JAN08

2B 15APR03 15APR03 01JAN97 15APR03 01JUL92 01JUN99

3rd 01JAN01 01JAN01 01JAN01 01JAN01 22NOV92 22OCT91

4th 01JAN00 01JAN00 01JAN00 01JAN00 01JAN96 15JAN88

Currently, you belong to Family category 2A current priority date processed 01JAN08. If your mom becomes US Citizen, you will become Family category 1. Current priority date processed is 01JAN05.

When your mother becomes US Citizen, she makes sure to OPT-OUT. If the beneficiary wants to opt-out, he or she must make a request in writing to USCIS.

If your mother does not OPT-OUT, you become in Family Category 1 with priority date of 01JAN05 being processed as of this month Feb 2011. If your mother does OPT-OUT, then you will stay in Family Category 2A with priority date of 01JAN08 being processed as of this month Feb 2011.

Check this link:

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=1f0c0a5659083210VgnVCM100000082ca60aRCRD&vgnextchannel=1f0c0a5659083210VgnVCM100000082ca60aRCRD

Opt-Out

CSPA provides another type of relief referred to as the opt-out. This is very limited in scope. If a permanent resident petitioner filed a Form I-130, Petition for Alien Relative, for an unmarried son/daughter and then the petitioner naturalized, the beneficiary can choose to remain in the second preference classification instead of automatically converting to a 1st preference classification. The reason that this may be beneficial is that sometimes the waiting time for the second preference visa is shorter than the waiting time for the first preference visa. If this situation applies, check the visa bulletin (see link to the right) to see if the opt-out may be helpful. If the beneficiary wants to opt-out, he or she must make a request in writing to USCIS.

I am not sure how long you have to appeal on the current decision on your AOS. I am not sure if your AOS application would be considered abandoned if you don't appeal within a certain period of time. Check your decision letter for appeal and time frame for appeal.

If you don't appeal and the decision is final, you might be getting a deportation letter soon and will be seing a USCIS judge. I would suggest to get another good, reputable and referred lawyer to handle your case. Once your mother becomes US Citizen, her status will have more weight in helping your out of status after 6 months of coming to the US. Besides you are child when you came here and you do not know much better. It will take a few months for your deportation hearing and hopefully, you mother becomes US Citizen then and can help you then being you as child of a US Citizen. Good Luck.

Edited February 28, 2011 by Haarp425

[fye 0]

Thanks for the responds. Im not sure on the date

[Darnell 8,478]

you might want to 'study all' over at http://www.immigrate2us.net as they handle tough cases (you've a tough one, that long overstay )