I-485 Denied

[Crazy Cat 42,328]

6 minutes ago, LionessDeon said:

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.

 

First post says she entered without inspection.

[Lemonslice 4,968]

36 minutes ago, missileman said:

First post says she entered without inspection.

Age, date of entry, usage of false documents or identity - many factors will make immigration path feasible or completely impossible.

[Beth & Achraf 328]

You will need to file for a CR1 visa, and use an attorney.

 

She will have to go back to Mexico to wait out the process.  A friend of mine did this, his wife returned to Mexico after entering the US illegally when she first came here half a dozen years ago.

They had to use a lawyer, as a wavier will be involved for USCIS to forgive the illegal entry when she first came here. Took them a year for the process.

 

Your unable to adjust her status now, due to illegal entry.  

[geowrian 22,338]

8 hours ago, Mrs. Wild said:

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).

There is a waiver for this circumstance if going through consular processing, but not for AOS. That was my point, not that no waiver (or provisional waiver)  would be beneficial moving forward.

[Crazy Cat 42,328]

is OP a USC or LPR?

[f f 725]

since only the i485 was denied can the underlying i130 be switched to counselor processing to save some time?

[bammy17 10]

Did you use a lawyer? Cause if so, they should have known better. If not, you messed up for not getting one

[Transborderwife 4,666]

OP definitely has some questions to answer 

[Sandra G. 5,074]

You made a mistake filing the AOS.  She has to apply for the I-601A (waiver) when the waiver is approved she must leave the United States and apply for an immigrant visa at an overseas U.S. consulate. She basically will go to Mexico and return after the interview. The waivers  I601A that I submitted the spouses went abroad to attend the interview and came back within 10 days.

 

After submitting the  I-601A waiver then (mail) the local office asking not to issue the NTA because your wife will leave the United States as soon the waiver is adjudicated and she will apply for an immigrant visa at an overseas U.S. consulate. Submit proof that she filed the waiver. Hire an attorney to help with the waiver.

Edited August 24, 2017 by sandranj