i 485 denied

[KierenHby 899]

Fire that cheating lawyer. 

Shouldn't have traveled on a B1 to AOS in the first place, and avoid making that mistake twice. EB5 should have been filed as Consular processing. You asked a similar question back in February, and the advice back then, and now, stands. Sons' AP\EAD are no longer valid. 

[Hope&Love 38]

This is pretty much an end to your life here in the US. 

[f f 725]

I don't think there is a point to beat this dead horse any more. the OP knows they messed up.

 

I would recommend if you have it in writing that he was telling you to come on the b1 and then aos. to contact his state bar association since that is blantonly illegal.

 

good luck

[manny111968 0]

i realise the wrong advise given to me and for us to travel out was a grave error. but can anybody advise me please what is my option. everybody is in agreement it was an error but i need to know the way out. shall me and wife come back on b1 and apply again for i485? is there an appeal i can try? or is it possible for us to apply with consulate in india and my sons to apply for aos? if that  is possible what should the logical time chart be, shall we apply in india and then wait for approval, and then my sons should apply in usa for adjustment?

 

[manny111968 0]

i have not committed any fraud or done anything wrong, we had to go back to india due to a family situation involving my father's health. there should be a way out. 

 

[ocjmakaveli 16]

14 minutes ago, manny111968 said:

i have not committed any fraud or done anything wrong, we had to go back to india due to a family situation involving my father's health. there should be a way out. 

 

Not all mistakes can be fixed.  You just have to move on.  Any future visa or filings will be scrutinized and mostly rejected. 

[f f 725]

1 hour ago, manny111968 said:

i realise the wrong advise given to me and for us to travel out was a grave error. but can anybody advise me please what is my option. everybody is in agreement it was an error but i need to know the way out. shall me and wife come back on b1 and apply again for i485? is there an appeal i can try? or is it possible for us to apply with consulate in india and my sons to apply for aos? if that  is possible what should the logical time chart be, shall we apply in india and then wait for approval, and then my sons should apply in usa for adjustment?

 

you left the us without ap. the petition and all derivative petitions are then considered abandoned. not even spouses or children of usc can reopen thier petitions if they make that same mistake you did. there is no appeal, the rules of the aos were broken and it is your responsibility to know them even. people who call uscis and get told wrong advice are still at fault for doing it wrong so you can not blame the lawyer for this. it is time to move on and reestablish your life in india and hopefully your son can either sell or move back what property you have here.

[Dutchster 1,107]

If you are going back on B1 visa to adjust status; let the CBP officer know your plans, they'll be gladly to help.

(B1 visas are not used to adjust status)

[KazuriSana 324]

1 hour ago, manny111968 said:

i realise the wrong advise given to me and for us to travel out was a grave error. but can anybody advise me please what is my option. everybody is in agreement it was an error but i need to know the way out. shall me and wife come back on b1 and apply again for i485? is there an appeal i can try? or is it possible for us to apply with consulate in india and my sons to apply for aos? if that  is possible what should the logical time chart be, shall we apply in india and then wait for approval, and then my sons should apply in usa for adjustment?

 

The ONLY OPTION is to settle down in India. You abandoned your AOS. That is how things work.

 

So many people here have told you that even if not in the same exact words, but you keep insisting on getting advice that fits what you want to hear. You abandoned your AOS. Period.

 

Someone here also told you to check with your consular office. Do that, but they will probably tell you the same thing you have been told here.

 

 

[f f 725]

32 minutes ago, Dutchster said:

If you are going back on B1 visa to adjust status; let the CBP officer know your plans, they'll be gladly to help.

(B1 visas are not used to adjust status)

cbp is great with situations like this.

if you accidentally come with the wrong one they are very helpful in making sure you have the right one when you get in. just make sure you tell them everything even if it is a long story, they are there to make sure all of the paperwork is correct.

[kzielu 1,149]

2 hours ago, manny111968 said:

i realise the wrong advise given to me and for us to travel out was a grave error. but can anybody advise me please what is my option. everybody is in agreement it was an error but i need to know the way out. shall me and wife come back on b1 and apply again for i485? is there an appeal i can try? or is it possible for us to apply with consulate in india and my sons to apply for aos? if that  is possible what should the logical time chart be, shall we apply in india and then wait for approval, and then my sons should apply in usa for adjustment?

 

Appeal what ? There is nothing to appeal, you were correctly denied. Whatv are you going to say is a reason for your visit while entering on B1 ?

[geowrian 22,338]

2 hours ago, manny111968 said:

i realise the wrong advise given to me and for us to travel out was a grave error. but can anybody advise me please what is my option. everybody is in agreement it was an error but i need to know the way out. shall me and wife come back on b1 and apply again for i485? is there an appeal i can try? or is it possible for us to apply with consulate in india and my sons to apply for aos? if that  is possible what should the logical time chart be, shall we apply in india and then wait for approval, and then my sons should apply in usa for adjustment?

 

There is no "fix" here. You would be extremely, extremely unlikely to enter the US on a non-immigrant visa. With a past AOS being filed, you have a known and clear immigrant intent, which is not permitted on a tourist visa. There is no appeal as the AOS application was correctly denied for leaving the US.

 

The part in red above is visa fraud.

 

2 hours ago, manny111968 said:

i have not committed any fraud or done anything wrong, we had to go back to india due to a family situation involving my father's health. there should be a way out.

There is not "a way out" here. I understand you had a legitimate reason for leaving the US and I don't blame you for doing so, but that doesn't mean laws will be ignored.

[Roel 7,193]

Should have done some research before leaving the US and apply for the emergency AP or something. Your kids will probably have to leave the US also, since their AoS have been denied.

[NigeriaorBust 4,087]

 Your AOS has been abandoned but the underlying petition for EB5 should still be viable.  Your sons unfortunately are too old t and their path is closed unless you can lay claim to them having sought claim to the benefit when they filed AOS.   You will need to undergo consular processing for the EB5.  Contact NVC and have the forward the case to the consulate there.  People seem to forget that people that file the 485 with the 130 and leave still have an active I130 in the loop.   

[KazuriSana 324]

8 hours ago, NigeriaorBust said:

 Your AOS has been abandoned but the underlying petition for EB5 should still be viable.  Your sons unfortunately are too old t and their path is closed unless you can lay claim to them having sought claim to the benefit when they filed AOS.   You will need to undergo consular processing for the EB5.  Contact NVC and have the forward the case to the consulate there.  People seem to forget that people that file the 485 with the 130 and leave still have an active I130 in the loop.   

Will moving the venue erase or activate a blind eye to what was attempted elsewhere? They have already utilized an approved I-526 to file I-485. You cannot have it both ways. You are supposed to choose one - file I-485 within the US or apply for DS-260 in India. They chose to apply for the I-485. You cannot apply for one, fail, then dash and apply for the other!

 

What I-130 are you talking about which would keep this case active? I-130s are filed by USCs or LPRs for alien relatives. Who filed an I-130 in this case?