does my old immigration case affect my new one ?

[shekooo 4]

Um.... if you have a denied I-130 petition looming that you're not aware about, isn't an overstay ban a possibility?

no im not denied , i keep checking on my case with uscis , still processing, had frequent appointments with uscis when i was there

[shekooo 4]

Seem he had a work base petition (work permit), but after all those yrs must have expired; why not have your wife visit this atty you used & try to get proper info, yes your wife can file I 130 but find out from an atty what you may be up against....good luck buddy

yes it was a work petition ,but , for sorry , my atty is in canada ,left the states and lives there now , plus im in egypt and my wife is in usa ,,thx

[shekooo 4]

I wonder if it was an old 245i case.

Anyway the important thing is that when you left you had a valid I 94 to hand in, that you maintained legal status during your time in the US.

Otherwise you will be looking at also needing a waiver for illegal presence.

yes i came back to egypt while im on legal status , with my immigration petition pending , i have papers proves all the case

[shekooo 4]

When you came on a tourist visa, what status did you adjust to? How? You can't just decide to stay- someone had to file the adjustment for you.

as i explained that i did the adjustment based on my petition on employment based immigration ,gives u the legal stay in the states , im on till im back to egypt , now they did the processing of my old case , wont this support my new case ? as i have all the papers of the old case that proves my legal stay ?

Edited October 30, 2012 by shekooo

[Darnell 8,478]

since your old immigration case is not approved (or denied)

I say that old case has nothing to do with your new case.

Each case is adjudication PER TYPE and ON THE MERITS, without considering the other case whilst adjudicating 'that' one.

OTOH, it may be that an adjudicator gets confused, seeing two I-130s in play though in different categories.

Perhaps you not file for a visa, this work thing, but instead, was an adjustment of status casefile type.

Applying for an immigrant visa will do nothing, IMO, to harm or hinder your current case.

[shekooo 4]

since your old immigration case is not approved (or denied)

I say that old case has nothing to do with your new case.

Each case is adjudication PER TYPE and ON THE MERITS, without considering the other case whilst adjudicating 'that' one.

OTOH, it may be that an adjudicator gets confused, seeing two I-130s in play though in different categories.

Perhaps you not file for a visa, this work thing, but instead, was an adjustment of status casefile type.

Applying for an immigrant visa will do nothing, IMO, to harm or hinder your current case.

thx darnell for ur answer ,it really helped me alot

[ndu26 114]

I think he meant to say he filed I-140( employement based visa) for himself. not I-130. I wonder why it took so long though. I came in through i 140 in 2006 and my case was filed in 2005 by an emplyment agency based in NY. Right now there is retrogression in that visa category though. this began late 2006 so most cases are still pending but it is looking like it is about to become current and i think they have passed your PD so something must be delaying ur case. i dnt think it shd affect your spousal petition though.