AOS Denied, I 130 still pending

[stressedimmigrant 0]

I filed an application in November 2011 to adjust my status based on the fact that my wife is a United States citizen. Unfortunately, I did not retain an immigration attorney and my case has now been denied. The basis of the denial seems to be what USCIS considers to be an inadequate response to the Request for Evidence. By way of background, I was arrested in 1995 while I was on J1 visa. The matter was sent to the Grand Jury who returned a No True Bill and so there was no trial. The arrest record was finally expunged from my records. There was never any conviction of any sort.
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> > In any event, I contacted both the Police Station and the Court House and I was sent a copy of the arrest report which they indicated was all they had, a copy of the No True Bill ( an initial copy of this was submitted with my application and also brought to the interview), a letter from the Clerk of the Court indicating that she did not have any records available She did send a letter (the original which I gave to USCIS) indicating that they were unable to find any record and I submitted as well a copy of the arrest report which I had and the expungement.
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> > The denial notice seems to indicate that this was not enough in response to the arrest record. I now have 30 days to respond. I am presently in overseas on Advance Parole which will expire within the week. I am willing to do consular processing but some lawyers suggest I should try to return to the States even though the AOS has been denied. One said even if I am put in detention it will allow them to fight the case. I do not think that is a good option so I rejected it.

After almost two years what could be keeping the I 130 from being approved? Should I simply refile and do consular processing as we speak? Should we wait for the I 130 to be approved? How do I overcome the challenge of not being able to provide copies of complete arrest records and final disposition which have been expunged?

[Ontarkie 14,510]

~~Moved to Adjustment of Status from Work, Student, & Tourist Visas from, Adjustment of Status (Green Card) from Family Based Visas~~

[NigeriaorBust 4,087]

If your AOS has been denied is your AP document still good ?

[Hypnos 6,578]

No, it isn't. Once the I-485 was denied both the EAD and AP were automatically invalidated.

The person who filed the I-130 should enquire with USCIS as to its status.

Edited January 30, 2014 by Hypnos

[Jawaree 718]

Have your spouse contacted her Senator to enquire on the status of the petition

have anyone verified with USCIS if the I 130 is still being worked on (2 yrs)?

To resurrect the old I 130 may take a lot more time than to just have her do a

new petition....when it gets to NVC get a good waiver atty (just in case) honestly

don't think U will need a waiver, but u do need an atty so go for the specialist.

Nothing is expunged in immigration situation as long as there was some court-house

matter, they look at the sentence u could have got, up-hill battle but time, patience &

keeping your nose clean will be important...if U do consular.processing

Gather all documents regarding court case and immigration matters in the past expunged

records are someplace also have your wife file FOIA for (Feds) & (DHS).

I would urge U to listen to your atty get nabbed at POE u may get a quick master hearing

& bond based on your story, the fight outside is harder, longer, cost more & stressful for mate

I know U just don't want to deal wid di jail ting bretheren, but U should think twice about it,

the Kingston consular can even add bans...An AP does not 100% guarantee U entrance

I think u may have triggered a bar , but I am not certain, I would go and fight there...good luck

PS: The Grand jury judge must have signed off on* no bill* (this must be a feds case, that doc is needed)

Edited January 30, 2014 by Jawaree