Adjustment of Status Denied Day Before Interview

[Sergi9 110]

I am a concerned husband for my out of status wife. We just received notice today that my wife's Adjustment of status based on marriage has been denied. Tomorrow was suppose to be her interview. My wife is from Kenya and I am a US citizen. We currently live together in Missouri. Why did this happen and what does this mean? Here is an outline of our situation:

1. In August 2008, my wife comes from Kenya on a student visa to attend college at Drury University in Missouri. She also obtains employment where I work at. This is the first time we meet.

2. In January 2010, my wife (girlfriend at the time) became out of status due to dropping out of school. We both still are working together at the same place.

3. In July 2010, my wife and I got married. We move in a house together where we have lived since then.

4. In September 2010, my wife gets contacted by an immigration officer due to her being out of status. This is when removal proceedings begin. We are informed that she is to see an immigration judge in Kansas City during May 2011 for removal proceedings.

5. In November 2010, we send out I-485 (Adjustment of Status based on marriage), I-130 (Immigrant Petition for Relative), and I-765 (Application for Employment Authorization).

6. In January 2011, we receive notice that our interview for adjustment of status is on March 10, 2011.

7. In December 2010, we go to Saint Louis for my wife's biometrics. There was no problem there.

8. In February 2011, my wife receives her employment authorization. We start to breathe a sigh of relief because she had been working this whole time illegally due to her being out of status(her paycheck takes out taxes though).

9. This is when things started looking bad. On March 1, 2011, we received notice that my wife's adjustment of status interview had been canceled due to unforeseen circumstances. The letter said we would be informed later of a new date for an interview.

10. Today, March 9, 2011, we received notice on the USCIS website that my wife's adjustment of status case had been denied. It said we would receive a letter explaining why and how to appeal if we wanted to.

We are very concerned right now. We were confused when the interview had been canceled due to unforeseen circumstances, now we are even more confused as to why her case has been denied without an interview ever taking place. We also do not understand how she was able to obtain employment authorization if she isn't able to obtain adjustment of status. We called customer service today and explained our situation, but all they could tell us was to wait for the letter explaining the reason for the denial. Once we receive that letter, I will post it on this discussion board. As of right now, what is the meaning to all this? Did we do something wrong? Or is this an error on the part of USCIS? We have done everything right. I am a college graduate that works and pay taxes. My wife will be a graduate once she can get back into school. She also pays taxes. We have never been in trouble for anything. We just want for her to get her green card so she can get back into school and we can move on in our lives. If anyone can share similar experiences or their knowledge on the matter, we would greatly appreciate it. Thank you for your time.

-Concerned Husband

Get an Attorney immediately that knows how to deal with removal and cancellation. Not a good Attorney a brilliant one. Charge it if you have to, you have the rest of your life to pay it back if she stays but a nightmare if they deport her.

My concern is #8. She immediately went out of status when she started working so your "overstay" clock started ticking on the day she went to work if she was not authorized to work in the school program.

If she was authorized to work in the school program, the overstay clock started ticking I think the day she quit school. If its over 180 days out of status its a 3 year bar, depending on how they toll the illegal presence if its over a year and it she could be facing a 10 year bar.

You say she got NTA in September after you were married, but don't say you moved or her address was updated so this might be when they "caught up with her" and the NTA could have been issued before that but she did not get it. In that case your marriage was after proceedings commenced and is presumed fraudulent by the USCIS. This could be a cause for denial as well.

But back to #8, how was she paying taxes? If she winged it on the I9 form and checked the wrong box, its a "false claim to US Citizenship. That will get her a permanent bar, with no waiver.

Depending on what you put down on all the forms regarding her employment etc. while she was here, like not mentioning it although she seems to be in the system, there could be a misrep charge in there, which would be yet another reason for denial.

Just some food for thought, not to alarm you but to point out get a Lawyer fast ! The good news is they have implemented some programs to defer action on some of these cases. But you will not be able to do it without an attorney. Be prepared to post bond at the hearing as well.

Good luck and please come back and post how it all unravels.

[concernedhusband 0]

Sergi9,

My wife didn't work at the school, she got a job at a company while going to school. She had a work permit while she was going to school. The work permit expired late last year. Each paycheck automatically takes taxes out. When we talked to the immigration officer back in September of 2010, he told us the reason we shouldn't be worried about being denied adjustment of status while in removal proceedings was because we got married before removal proceedings took place. We gave the immigration officer our address and contact information at that meeting in September. We have not moved or changed phone numbers since then.

[Haarp425 26]

As I stated before, you need a lawyer for this Removal Proceeding. A lawyer that has been to an immigration judge for deportation hearing cases.

The immigration judge will ask your wife why she quit school when she was suppose to continue school per I-120 requirements and she needs to answer the question from the immigration judge. Response would be like, marriage got in a way, and I will continue school might help with that question. Your wife needs to be ready with that question.

Hope your wife was not arrested or anything or getting DWI of some sort. Clean record helps.

You attorney will file a motion to close the deportation proceedings due to approved I-130 and your attorney will request the immigration judge to have your wife AOS directly to the immigration judge. Once the AOS is approved by the immigration judge, the immigration judge will provide a document and sign that she is now Permanent Resident.

She will be directed to the local USCIS and the USCIS will put a valid I-551 stamp. She will get her GC in the mail.

[Dakine10 5,452]

1. In August 2008, my wife comes from Kenya on a student visa to attend college at Drury University in Missouri. She also obtains employment where I work at. This is the first time we meet.

I didn't see it mentioned so far - what type of visa did she originally enter on to study. Hopefully it was an F-1 and not a J-1.

[Boiler 45,947]

Confusing, she can not have had a F1, so what visa did she have?

[concernedhusband 0]

She was on a F-1 visa

[Boiler 45,947]

That does not come with work authorisation like you have stated.

[concernedhusband 0]

But she also received a temporary work employment authorization card. It expired at the end of last year. She just got a new one last month.

[Boiler 45,947]

on what basis did she originally get work authorisation.

[concernedhusband 0]

She applied for a I765 when she came to the states. I dont know on what basis. But she received a card that allowed her to work which she did. It expired after removal proceedings. She got a new one last month. Is this the reason she was denied adjustment of status?

[Dakine10 5,452]

She applied for a I765 when she came to the states. I dont know on what basis. But she received a card that allowed her to work which she did. It expired after removal proceedings. She got a new one last month. Is this the reason she was denied adjustment of status?

That sounds like it could be F1 with optional practical training(OPT) which would not be cause for denial of the AOS. If she had came on a J1 visa she would have needed a waiver to adjust status but not with the F1.

[Okalian 41]

That sounds like it could be F1 with optional practical training(OPT) which would not be cause for denial of the AOS. If she had came on a J1 visa she would have needed a waiver to adjust status but not with the F1.

F1 students can apply for EAD if they have extenuating circumstances.

http://internationalcenter.umich.edu/immig/fvisa/f_emplsevere.html

so its not necessarily OPT

[Boiler 45,947]

Both the above a true. But the OP said she applied "when she came to the states"

Perhaps a Lawyer can find out what really happened, they need one anyway.

[Dakine10 5,452]

F1 students can apply for EAD if they have extenuating circumstances.

http://internationalcenter.umich.edu/immig/fvisa/f_emplsevere.html

so its not necessarily OPT

Actually now that I think about it, it would probably be CPT or economic hardship - but not OPT. But anyway the main point being there is nothing specific to having an F1 and work authorization that should cause the AOS denied. Whether the EAD was for OPT, CPT or economic hardship should have no bearing on the AOS denial.

The main thing is to establish it was an F1 and not a J1. If it was a J1, the AOS could have been denied due to the foreign residence requirement, but not so with the F1.

[Boiler 45,947]

You are eligible to apply for a CPT if:

* You are a full-time student for at least one academic year

Economic hardship, she just entered.