i485 rejected, came to know 7 months later!

[samikhi 0]

hey guys thank you all for your suggestions!

however, my time is running out and i would like to know the actual solution to my problem. plz help i would be grateful! thank you once again all...

Edited April 2, 2011 by samikhi

[JimVaPhuong 4,863]

hey guys thank you all for your suggestions!

however, my time is running out and i would like to know the actual solution to my problem. plz help i would be grateful! thank you once again all...

There would probably have been a 30 day window after the denial of the I-485 where you could have submitted a motion to have the case reopened. That would have been your last chance to save your adjustment of status case. Unfortunately, your dad sat on your denial notice while your narrow window of time expired. Since the delay in responding to your I-485 case was due to an incompetent attorney you would have had a pretty good chance of getting the case reopened. Your dad may have thought he was doing you a favor, but he was actually screwing your chances of getting this straightened out.

In order to adjust status there must be an immigrant visa number immediately available to you, you must not be inadmissible, you must not have worked illegally in the US, and you must have maintained your non-immigrant status. The last two requirements are waived for an immediate relative of a US citizen, but not for a relative of an LPR.

You can't wait for your dad to file an F2B. You won't be able to adjust status when your priority date becomes current because you won't have current non-immigrant status.

I'm not aware of any loopholes that would allow your I-485 case to be resurrected now, but it wouldn't hurt to consult with a competent immigration lawyer about this. Unless you qualify for asylum or refugee status, which is unlikely, then that may be your only chance at getting a green card since that petition was approvable. Any new petition filed now, unless it's based on being an immediate relative of a US citizen, would not be approvable because of your current status.

You've undoubtedly got more than a year of overstay by now. If you leave the US then you won't be able to return for 10 years.

[justashooter 430]

may we assume that your "lawyer" was not liscensed to practice in any of the United States?

be careful who you give money to.

[samikhi 0]

can we make a case on the basis that your lawyer was fraudlulent and its because of him im stuck in this mess?

and what is this you say that in order to adjust status there must be an immigrant visa number immediately available to you? can that be helpful in any way?

[Haarp425 26]

and what is this you say that in order to adjust status there must be an immigrant visa number immediately available to you? can that be helpful in any way?[/b]

Green Card for an Immediate Relative of a U.S. Citizen

To promote family unity, immigration law allows U.S. citizens to petition for certain qualified relatives to come and live permanently in the United States. Eligible immediate relatives include the U.S. citizen’s:

Spouse

Unmarried child under the age of 21

Parent (if the U.S. citizen is over the age of 21)

Immediate relatives have special immigration priority and do not have to wait in line for a visa number to become available for them to immigrate because there are an unlimited number of visas for their particular categories.

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=9c8aa6c515083210VgnVCM100000082ca60aRCRD&vgnextchannel=9c8aa6c515083210VgnVCM100000082ca60aRCRD

[JimVaPhuong 4,863]

can we make a case on the basis that your lawyer was fraudlulent and its because of him im stuck in this mess?

Probably not. This would have been a valid basis to file a motion to reopen the case after it was denied, but the window of opportunity for you to do this has long expired. At this point, I would not expect USCIS to cut you any slack because you hired a bad lawyer.

and what is this you say that in order to adjust status there must be an immigrant visa number immediately available to you? can that be helpful in any way?

An immigrant visa number is immediately available if you have an approved I-130 immigrant visa petition, and if the priority date for that petition is current. When a US citizen files an I-130 petition for an immediate relative then the priority date becomes current the day the petition is approved. For everyone else, a priority date is current if it's before the cutoff date of the current visa bulletin.

The cutoff date for an F2B visa in the April visa bulletin is April 15, 2003. This means your father or mother would need to have submitted an I-130 petition on your behalf before that date. Based on the current waiting time, if your father or mother submitted an I-130 now then you'd have to wait about 8 years before the priority date will become current. You could conceivably have them file the I-130 and then wait for the priority date to become current, but you'll still have the problem of not having current non-immigrant status. Since you won't have legal non-immigrant status then you won't be able to adjust status and get a green card. You'd have to return to your home country and interview for the F2B visa. Since you have more than one year of overstay you'll incur a 10 year ban when you leave, so the visa would be denied. If you're seriously considering this route then you should leave now, as the 10 year ban will be nearly finished by the time your priority date becomes current.

Even if your parents become US citizens you will still have this problem - a son or daughter of a US citizen who is over 21 years old is no longer classified as an immediate relative, so a family preference visa is required, and you'd still need to have legal non-immigrant status to adjust. The only way you could become an immediate relative of a US citizen now, and have your overstay waived, is if you married a US citizen.

I think you should talk to a competent lawyer and see about trying to get your AOS petition reopened. It may require filing a lawsuit against USCIS. The risk if you fail is that you might end up being deported. However, if you do nothing then you can look forward to a life as an illegal alien in the US. As far as I know, there is no law that prevents USCIS from being able to reopen the AOS case, although their policy is to provide a 30 day window after the denial for this motion to be filed. If they have the discretion to reopen the case after the 30 day window expires then a good lawyer might be able to persuade them to do this. I think this is your best chance.

[samikhi 0]

hmmm thats alot of info but i really appreciate for taking out the time for guiding me this has been very helpful. thank you all!