i485 rejected, came to know 7 months later!

[samikhi 0]

My father hid the news from me. He has a greencard and so does my mom. my father had applied for the i485 for all 4 of his kids. In January 2010, we learnt the GC application for two of his daughters was rejected which included me. the application was rejected cuz there was a work gap in our case thanks to our lawyer who later ran away wit our money to the middle east. my dad found out about the rejection in january but waited till may 2010 so that my sister gets done wit her high school and the case doesnt affect our studies. needless to say she was the valevictorian of her class.

I am turning 24 years old in the next 2 weeks. My other sister who is 21 has married a American citizen. my sister married her guy friend AFTER she learnt about our rejection.

Currently, i am not seeing any American citizen otherwise i would have married as well. Does this mean i am illegal in the country? I dont want to re petition my case because it is too much money. i dont want to leave the country because im in the last year of my finance degree. i want to live wit my family as i have no where to go back in my home country.

IF my dad files for a 2B family sponsored visa, then i will turn 30 by then. i dont want to wait that long.

me and my sister were a dependent of my dad who was on a H1 business visa. that was the last visa i had.

i had a work permit issued to me 2 years back and have since been working at a coffee house but now that work permit has been revoked. i have a SS as well.

PLEASE ADVISE! what are my options? should i wait till i finish my degree? or should i file for emotion?

[canadian_wife 1,829]

You need to find out if there is a deportation order against you. Often when the AOS is denied then they issue a deportation order. Contact USCIS to find out

good luck

[milimelo 4,563]

Moving to Bringing family members of LPRs forum.

[samikhi 0]

Isnt calling USCIS shooting myself in the foot if i actually have a deportation order against me?

[canadian_wife 1,829]

you can't do anything until you find out if you are a deportation absconder

You can't adjust status, file another petition on your behalf. You may be in heaps more trouble if you wait

Good luck

[katiemanny 64]

As Canadian_wife suggested you need to find out if you have removal proceeding against you. You need to act now, time is ticking. good luck

[Export of Dhaka 8]

you can't do anything until you find out if you are a deportation absconder

You can't adjust status, file another petition on your behalf. You may be in heaps more trouble if you wait

Good luck

As Canadian_wife suggested you need to find out if you have removal proceeding against you. You need to act now, time is ticking. good luck

Would EITHER of you guys please explain HOW it would help OP to find out if he is in removal proceedings or has a deportation order against him? Why can't he do ANYTHING before he finds it out?

OP, before your 485 got denied, what was your status? 485 denial DOESN'T AUTOMATICALLY makes you out-of-status or illegal. However, you need to have a qualifying reason to be able to adjust status to LPR.

Edited March 9, 2011 by Export of Dhaka

[canadian_wife 1,829]

How would it help?

If he is a deportation absconder then there is nothing he can do. He cannot adjust status even with a qualifying relative and the longer he remains in the US illegally the more he is simply hurting his chances of ever becoming legal.

if he is NOT, then he can investigate adjusting status

Until he knows what his status is in the US - he cannot move forward. Suggesting to do ANYTHING but find out what his status is is not doing the OP any justice

Good luck

[Haarp425 26]

I would assume you came here as H4 dependent visa with expiration date probably on the 21st bday. What year did your parents become GC holder? If your parents filed an I-485 for their children, when did they file? When an I-485 was filed on our behalf, you will not accumulate "unlawful status" due to pending application.

Again, if you were on H4 visa, it would have expired on your 21st bday and starts accumulating days of overstay. Could you elaborate as to the reason why the application was denied due "work gap"?

[Harpa Timsah 13,258]

Overstay is not forgiven for relatives of LPRs, that's how.

[Export of Dhaka 8]

How would it help?

If he is a deportation absconder then there is nothing he can do. He cannot adjust status even with a qualifying relative and the longer he remains in the US illegally the more he is simply hurting his chances of ever becoming legal.

if he is NOT, then he can investigate adjusting status

Until he knows what his status is in the US - he cannot move forward. Suggesting to do ANYTHING but find out what his status is is not doing the OP any justice

Good luck

Where did you get that information? It's incorrect like many of your other posts. There are more than one options EVEN if one is in removal proceeding. An alien can get married to a USC and get relief from deportation by adjusting status to LPR - of course the burden of proof of bona-fide marriage is huge, but it happens everyday.

Also, USCIS just doesn't mark someone "deportation absconder" arbitrarily - there is a FORMAL process for that. The process is -> USCIS MUST issue the alien an NTA. After that, ONLY a judge can issue a deportation order or a relief from deportation. OP was NEVER served an NTA by USCIS. Also, like I said before, getting a 485 denied doesn't mean one is out-of-status automatically, specially, if one is in F-1 status.

[Export of Dhaka 8]

OP - it doesn't matter if you are in removal proceeding or not - if you are currently out of status, you CANNOT adjust status in the USA (except for one scenario - read below).

If you are currently in-status (I don't think you are), you can adjust your status to LPR ONLY if there is an immigrant petition that is filed, approved AND you maintain your status until you file for 485.

If you get married to a USC, then it doesn't matter if you are out-of-status or even in removal proceedings - you can still adjust status. However, getting married while in removal proceedings = high probability of fraud, BUT that doesn't mean it's impossible.

[canadian_wife 1,829]

Where did you get that information? It's incorrect like many of your other posts. There are more than one options EVEN if one is in removal proceeding. An alien can get married to a USC and get relief from deportation by adjusting status to LPR - of course the burden of proof of bona-fide marriage is huge, but it happens everyday.

Also, USCIS just doesn't mark someone "deportation absconder" arbitrarily - there is a FORMAL process for that. The process is -> USCIS MUST issue the alien an NTA. After that, ONLY a judge can issue a deportation order or a relief from deportation. OP was NEVER served an NTA by USCIS. Also, like I said before, getting a 485 denied doesn't mean one is out-of-status automatically, specially, if one is in F-1 status.

Actually, I'll have to disagree. My information is fine. Simply asking the OP to find out his status in the US is not a bad thing. I didn't say he WAS a deportation absconder and if you'd like to review the thread to clarify I'd enjoy that. I said he needs to find out if he is.

If USCIS issued him anything after the denial, it is likely his family hid it from him like they did the denial. So it is not out of the realm of possibility that this has extended FAR beyond the simplicity you are suggesting. While I may be an alarmist, you are a simplist.

The OP needs to figure out his status in the US. That's simple.

Oh and he isn't married to a USC. that wasn't even mentioned so that path you suggested is...also wrong

Edited March 10, 2011 by canadian_wife

[belinda63 3,047]

First, as you are aware, your father did you a disservice by hiding the denial from you. I would try to obtain a copy of the letter as usually when an AOS is denied it also includes a period of time for you to voluntarily leave the country and if you don't immigration proceedings will begin to have you deported. You can be deported without being present for the proceedings, they send a notice and it is up to you whether or not you appear. If you don't show up for the hearing it will proceed without you.

It has been too long to file a motion to re-open and I don't see any other path to remain legally in the country. I would not suggest marrying a USC unless you had a history of a relationship because this would reek of immigration fraud.

I am sorry for your situation and I am sure your father had the best intentions for doing what he did. Good luck to you.

And to answer the other question, you are out of status and subject to deportation at any time.

Edited March 10, 2011 by belinda63

[Krikit 1,165]

Post making derogatory comments against another member has been removed for TOS violations. Please be civil or you will be banned from the thread. Thank you.