I-485 Denied

[carlos carranza 0]

My I-485 was denied, paid a fee of 1200.00 and 1000.00. Denied because they say that I failed to establish eligibility for the benefit sought. My wife enter the country without inspection. The

I-130 was approved. What Can I do now? Do I make an appointment to get help?

[Crazy Cat 42,328]

on what basis are you adjusting?

[Boiler 46,128]

To adjust status you need a status to adjust from, seems she was not eligible to apply.

[Crazy Cat 42,328]

26 minutes ago, carlos carranza said:

My I-485 was denied, paid a fee of 1200.00 and 1000.00. Denied because they say that I failed to establish eligibility for the benefit sought. My wife enter the country without inspection. The

I-130 was approved. What Can I do now? Do I make an appointment to get help?

It might be time to see a good immigration attorney.....

[Going through 5,671]

38 minutes ago, carlos carranza said:

My I-485 was denied, paid a fee of 1200.00 and 1000.00. Denied because they say that I failed to establish eligibility for the benefit sought. My wife enter the country without inspection. The

I-130 was approved. What Can I do now? Do I make an appointment to get help?

In the denial letter, does it say anything about removal proceedings/time limit of when your wife has to leave the country?  Did it quote any "Section" of an Act or law?  Did it mention anything about being "banned" or "barred"?

 

Give us a little bit more info on what the letter actually says...

Edited August 23, 2017 by Going through

[Dutchster 1,107]

Did she cross the border without proof she entered legally? (Like admission stamp in her passport?)

You can only adjust status if you entered the country legally and can show so by providing documents like copies of admission stamps and for international flight I-94.

[Going through 5,671]

55 minutes ago, carlos carranza said:

My I-485 was denied, paid a fee of 1200.00 and 1000.00

Unfortunately, paying the fee does not guarantee approval.  There is no refund for this either, in case you were wondering.

 

55 minutes ago, carlos carranza said:

What Can I do now? Do I make an appointment to get help?

Depends upon what the actual letter says.  If she got the kind of letter I'm thinking she got...because she entered the country illegally...there is no appeal process to USCIS in regards to their denial.  

 

If she is ordered by the letter to leave the country within a certain time frame, and does not, she can/will be put into removal proceedings and then she can request a hearing in front of an immigration judge to plead her case.

 

IF the letter mentions no ban from applying for the AOS, then she could refile later however she would have to leave the US and re-enter legally at a later date and you would begin a new application.  She would need to file this as well https://www.uscis.gov/i-601a before her new application.

 

Again, what does the letter actually say?

Edited August 23, 2017 by Going through

[ConOfficer 167]

She wasn't eligible to adjust status because she entered unlawfully. 

 

You wasted your money on the I-485. You need to file for an I-601A waiver of unlawful presence and pursue consular processing. 

[mallafri76 1,012]

2 hours ago, carlos carranza said:

My I-485 was denied, paid a fee of 1200.00 and 1000.00. Denied because they say that I failed to establish eligibility for the benefit sought. My wife enter the country without inspection. The

I-130 was approved. What Can I do now? Do I make an appointment to get help?

Of course she was denied, you can't adjust status if you entered the country illegally... 

 

Spousal visa with a waiver is the way to go. Are you a USC?

Edited August 24, 2017 by mallafri76

[caliliving 606]

Didn't you know that she couldn't AOS without a waiver before you applied? U need a good immigration attorney and to file a waiver. This is not a do it yourself case. 

[Boiler 46,128]

1 hour ago, caliliving said:

Didn't you know that she couldn't AOS without a waiver before you applied? U need a good immigration attorney and to file a waiver. This is not a do it yourself case. 

Sounds like she can not AOS at all.

[Shauneg 762]

Good.

[geowrian 22,338]

1 hour ago, caliliving said:

Didn't you know that she couldn't AOS without a waiver before you applied? U need a good immigration attorney and to file a waiver. This is not a do it yourself case. 

This is not a waivable offense. There is no means to for them to AOS. They must go through consular processing for a spousal visa.

[Mrs. Wild 87]

2 hours ago, geowrian said:

This is not a waivable offense. There is no means to for them to AOS. They must go through consular processing for a spousal visa.

Unlawful presence and EWI do have a waiver possibility, if the applicant meets the requirements for I-601A. There was no option for AOS with an unlawful entry, since there was no status to adjust from. The OP does not qualify for AOS and must do consular processing with an unlawful presence waiver (or risk a ban).

[LionessDeon 2,060]

Need more background info to be sure.  DId she enter without inspection?  Wht status was she adjusting from??

Call Lizz Cannon: (617) 806-6450  She specializes in waivers and gives free consultations.