AOS Denied

[BumBL 0]

Hello... I am new here and a confused so I am thinking that I'm not in the correct forum but I'm hoping to get some advice. I am a US Citizen, my husband and I have been married since 2003 and we have a son and a daughter due soon. Anyway, in 2001 his previous employer submitted the 245i but it was never processed any further only submitted here locally and therefore according to the State Department of Labor destroyed in 2009. In May of this year we tried for AOS under the idea that the 245i grandfathered him in. Yesterday, we received a denial letter based on the lack of physical evidence for the 245i. I know that removal proceedings have begun but my question is if we can adjust his status if we go through i 130? Also, earlier this year the i 130 was the route we were taking but when we told our attorney about the 245i she recommended we try that process instead stating we had almost a 100% chance of being approved...but obviously she was wrong. Does any one have any information or experience with this type of situation? Please any advice is greatly appreciated, we have an appointment next week with our attorney but it seems so far away... I'm just extremely anxious and look for some information that might ease my mind a bit. Thank you.

[aleful 1,905]

Hello... I am new here and a confused so I am thinking that I'm not in the correct forum but I'm hoping to get some advice. I am a US Citizen, my husband and I have been married since 2003 and we have a son and a daughter due soon. Anyway, in 2001 his previous employer submitted the 245i but it was never processed any further only submitted here locally and therefore according to the State Department of Labor destroyed in 2009. In May of this year we tried for AOS under the idea that the 245i grandfathered him in. Yesterday, we received a denial letter based on the lack of physical evidence for the 245i. I know that removal proceedings have begun but my question is if we can adjust his status if we go through i 130? Also, earlier this year the i 130 was the route we were taking but when we told our attorney about the 245i she recommended we try that process instead stating we had almost a 100% chance of being approved...but obviously she was wrong. Does any one have any information or experience with this type of situation? Please any advice is greatly appreciated, we have an appointment next week with our attorney but it seems so far away... I'm just extremely anxious and look for some information that might ease my mind a bit. Thank you.

so you never sent in the i130 and any copy of the original petition? you can't be grandfathered if there wasn't a petiton filed on his behalf. or he adjusted status through his company or someone else had to petition him. to grandfather him, you also had to submit the i130 as you were petitioning him, that's what grandfathering means. but with the new petition, you also had to send proof that he was covered under the 245i law, and that he entered the country by December 21st, 2000.

what did he send to prove that he was covered? and the proof that he was here by Dec 21st 2000?

[BumBL 0]

so you never sent in the i130 and any copy of the original petition? you can't be grandfathered if there wasn't a petiton filed on his behalf. or he adjusted status through his company or someone else had to petition him. to grandfather him, you also had to submit the i130 as you were petitioning him, that's what grandfathering means. but with the new petition, you also had to send proof that he was covered under the 245i law, and that he entered the country by December 21st, 2000.

what did he send to prove that he was covered? and the proof that he was here by Dec 21st 2000?

In 2009 we originally submitted an i130 petition everything was being processed and he was supposed to go to Cuidad Juarez for his interview in May of this year...but since he had a petition from his employer prior to the 245i date of April 30th 2001 the attorney recommended we proceed to adjust his status here instead. The only proof we had of the 245i petition was a letter from the State Department of Labor that his application was submitted on mentioned date and that it was approvable and valid. Yet, the application was abandoned which according to the law didn't matter as long as it was submitted and later could be petitioned by a citizen spouse or child. I don't know about the Dec. 21st 2000 date I know about Dec. 21st 2001? The 245i was petitioned by his employer. Before we knew about the grandfathering of the 245i I had already petitioned him using the i130. This is all very confusing... When we decided to hold off on the petition to go to Cuidad Juarez our attorney assured us that nothing could affect that petition and that we could try again in case adjustment of status here through 245i was not possible...but now I'm fearing that we don't have that opportunity anymore. I apologize if I'm not very clear I just don't know how to make sense of this right now.

[aleful 1,905]

In 2009 we originally submitted an i130 petition everything was being processed and he was supposed to go to Cuidad Juarez for his interview in May of this year...but since he had a petition from his employer prior to the 245i date of April 30th 2001 the attorney recommended we proceed to adjust his status here instead. The only proof we had of the 245i petition was a letter from the State Department of Labor that his application was submitted on mentioned date and that it was approvable and valid. Yet, the application was abandoned which according to the law didn't matter as long as it was submitted and later could be petitioned by a citizen spouse or child. I don't know about the Dec. 21st 2000 date I know about Dec. 21st 2001? The 245i was petitioned by his employer. Before we knew about the grandfathering of the 245i I had already petitioned him using the i130. This is all very confusing... When we decided to hold off on the petition to go to Cuidad Juarez our attorney assured us that nothing could affect that petition and that we could try again in case adjustment of status here through 245i was not possible...but now I'm fearing that we don't have that opportunity anymore. I apologize if I'm not very clear I just don't know how to make sense of this right now.

when you submitted the AOS packet, you should have also filed the i485A and pay the $1000 fine, if you did, I don't know if you filled out the form, but it also requests to send proof that he was in the country by Dec 21st 2000. that might be the physical presence that they were requesting or the reason why they denied it. You never got an RFE requesting the proof?

there is no Dec 21, 2001, the date is Dec 21st, 2000 and the petition submitted on or before April 30th, 2001. under the 245i law he has to show proof that he was here before the law ended. He was here by what you say, but it looks like you didn't submit any proof of that.

[Harsh_77 718]

Did his employeer also file for Labor before April 30th 2001?

If not then just 245i would not work.

[BumBL 0]

when you submitted the AOS packet, you should have also filed the i485A and pay the $1000 fine, if you did, I don't know if you filled out the form, but it also requests to send proof that he was in the country by Dec 21st 2000. that might be the physical presence that they were requesting or the reason why they denied it. You never got an RFE requesting the proof?

there is no Dec 21, 2001, the date is Dec 21st, 2000 and the petition submitted on or before April 30th, 2001. under the 245i law he has to show proof that he was here before the law ended. He was here by what you say, but it looks like you didn't submit any proof of that.

Thank you for your response. Yes, we also filed the i485 and paid all the fines. They never asked us for the proof of Dec. 21st 2000, which we would also be able to show to them along with the date of April 30th 2001. According to USCIS the denial is based on lack of physical evidence of the original 245i. Because the State Department of Labor destroyed the physical evidence in 2009.

Did his employeer also file for Labor before April 30th 2001?

If not then just 245i would not work.

Thank you for your response. Yes, his employer filed for the labor certificate on April 30th 2001.