i 485 denied

[NigeriaorBust 4,087]

2 hours ago, BlessedAssurance said:

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? 

  Why on earth would their underlying petition be dead ?   They have proven their ability to qualify and the petition was approved.   If someone gets married in the US and applies for I130 and I485 and AOS is denied the I130 lives on ,  why would this be any different ?  They were in the US , filed for AOS didn't qualify for AOS , but that doesn't affect their ability to get the EB5.  Just because their lawyer is an idiot and suggested coming back on visitors visas and committing visa fraud doesn't mean these people should just walk away from their chance to come here.  They apparently have worked hard to qualify for a visa.  I am not clear on their timeline,  the wife apparently had a visitors visa and came to visit the husband often, the rest of the family had valid status to adjust from .  If she was here when the EB5 was approved the AOS was appropriate ,  more so than all the people that claim to have entered the US with VWP or B2 and suddenly got a case of the hot hornies and marry then apply for AOS .  (  Like who on earth travels with all the paperwork for AOS tucked in their suitcases just in case )

[KierenHby 899]

20 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. 

Entering on a B1 visa with the intent to Adjust was textbook visa fraud, but that's water under the bridge. What you did wrong was to abandon AOS by exiting the US prior to i485 adjudication. Perhaps you banked on outsmarting USCIS by entering on a B1 close to EB5 approval to Adjust. 

 

There may be a way out as others posted. Had you opted for Consular Processing and interviewed at the embassy, you could have tended to your father AND been approved for the visa. You seemingly paid the price for an attempted shortcut. 

[geowrian 22,338]

4 hours ago, BlessedAssurance said:

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? 

This confused me as well...I don't think anybody in the OP's case qualifies to file an I-130. Or did I miss something in this timeline...?

Edited March 19, 2017 by geowrian

[KazuriSana 324]

51 minutes ago, NigeriaorBust said:

  Why on earth would their underlying petition be dead ?   They have proven their ability to qualify and the petition was approved.   If someone gets married in the US and applies for I130 and I485 and AOS is denied the I130 lives on ,  why would this be any different ?  They were in the US , filed for AOS didn't qualify for AOS , but that doesn't affect their ability to get the EB5.  Just because their lawyer is an idiot and suggested coming back on visitors visas and committing visa fraud doesn't mean these people should just walk away from their chance to come here.  They apparently have worked hard to qualify for a visa.  I am not clear on their timeline,  the wife apparently had a visitors visa and came to visit the husband often, the rest of the family had valid status to adjust from .  If she was here when the EB5 was approved the AOS was appropriate ,  more so than all the people that claim to have entered the US with VWP or B2 and suddenly got a case of the hot hornies and marry then apply for AOS .  (  Like who on earth travels with all the paperwork for AOS tucked in their suitcases just in case )

What underlying petition? There is no petition here that is an independent entity from the other processes. Obtaining a GC through the EB-5 program  flows through three interconnected processes:

• Approved I-526
• Either I-485 or DS-260 (leads to EB-5 visa)
• 2-Year GC

The I-485 that, in this particular case, was denied was a bridge between the approved I-526 and the 2-year GC

 

Mind you, nobody is questioning the appropriateness of the I-485 they filed. It was legit.

 

What you seem to be suggesting is that because the I-485 was denied, they can go back and say, or we have an approved I-526, because the I-485 was denied, we can try the DS-260 option since we messed up the I-486.  I doubt that's how it works, but I may be wrong.

 

Applicants are supposed to choose one of  two ways, viz: either go through the I-485 or the DS-260 route. I said this before and I will repeat, you cannot have it both ways. You are supposed to choose one. They chose to apply via the I-485. You cannot apply for one, fail, then dash and apply for the other!

 

As I said, I may be wrong, even though I do not see anything complicated here that requires rocket science. If anything, they can go back all the way to step one, and try a fresh I-526.

[manny111968 0]

1 hour ago, KierenHby said:

Entering on a B1 visa with the intent to Adjust was textbook visa fraud, but that's water under the bridge. What you did wrong was to abandon AOS by exiting the US prior to i485 adjudication. Perhaps you banked on outsmarting USCIS by entering on a B1 close to EB5 approval to Adjust. 

 

There may be a way out as others posted. Had you opted for Consular Processing and interviewed at the embassy, you could have tended to your father AND been approved for the visa. You seemingly paid the price for an attempted shortcut. 

My sons  are studying in USA and therefore consular processing was and is not an option. So had to do Aos.

[KierenHby 899]

Did I miss something?  Is entering on a B and AOSing the only option? 

[f f 725]

1 hour ago, manny111968 said:

My sons  are studying in USA and therefore consular processing was and is not an option. So had to do Aos.

your sons can take a trip to the embassy and have thir apointment done and they would of had to miss some school with either option. you chose not to. there is no way you can claim you have to do one route over the other. so trying to argue that since they are here you had to come on a b1 then adjust is an indefensible position.