I-485 denied! Need help!

[trio 1]

Hello guys my I-485 got denied and here is the reason:

 

 

 

My I-130 got approved but this got denied, we already talked to lawyers and they told us that we can just refile for the I-485 since I am “out of status” right now since my green card expired already.

 

i just have question filing out the I-485 form:

 

1. My current immigration status? Should I put that I am “out of status”?

2. Can I still pit my alien numbers from my green card before?

3. Information about immigrant category, am I going to be the principal immigrant now and put the receipt numbers of he approved I-130 or should I put my parent’s information as the principal applicant? 
 

anything would help guys! Thank you ! 

[geowrian 22,337]

9 minutes ago, trio said:

My I-130 got approved but this got denied, we already talked to lawyers and they told us that we can just refile for the I-485 since I am “out of status” right now since my green card expired already.

Can or can't?

 

According to this notice, you already have a green card. The I-485's purpose is to get a green card. I think you made a very basic, major mistake...this is the wrong form for you. I think you (well, your parent) were supposed to file an I-751 for Removal of Conditions (ROC).

On what visa did you enter the US?

Edited April 16, 2020 by geowrian

[trio 1]

7 minutes ago, geowrian said:

Can or can't?

 

According to this notice, you already have a green card. The I-485's purpose is to get a green card. I think you made a very basic, major mistake...this is the wrong form for you. I think you (well, your parent) were supposed to file an I-751 for Removal of Conditions (ROC).

On what visa did you enter the US?

The lawyers told us its safe that we just file for a new i-485. My parents do not want to include me to the removal of conditions and the lawyers said that if I remove now it will be very hard since I am filing late and my excuse was just verbal abuse from my parents and they want to deport and sue me for no reason

[geowrian 22,337]

Just now, trio said:

The lawyers told us its safe that we just file for a new i-485. My parents do not want to include me to the removal of conditions and the lawyers said that if I remove now it will be very hard since I am filing late and my excuse was just verbal abuse from my parents and they want to deport and sue me for no reason

The issue is you cannot have an I-485 approved while already being a green card holder.

A late-filed ROC is only very rarely not accepted. As for the reason, you can just note that you had an I-485 pending and were waiting for adjudication of that.

 

Who is the approved I-130 petitioner? A parent? A spouse? Other?

 

Unfortunately, this is very quickly heading outside of the DIY realm. The only concern I have is the lawyer(s) you've dealt with so far advised paths that you cannot do, like just filing a new I-130 + I-485 for concurrent AOS processing.

[trio 1]

31 minutes ago, geowrian said:

The issue is you cannot have an I-485 approved while already being a green card holder.

A late-filed ROC is only very rarely not accepted. As for the reason, you can just note that you had an I-485 pending and were waiting for adjudication of that.

 

Who is the approved I-130 petitioner? A parent? A spouse? Other?

 

Unfortunately, this is very quickly heading outside of the DIY realm. The only concern I have is the lawyer(s) you've dealt with so far advised paths that you cannot do, like just filing a new I-130 + I-485 for concurrent AOS processing.

Approved I-130 is my spouse

[geowrian 22,337]

1 minute ago, trio said:

Approved I-130 is my spouse

Gotcha. So the path they may want you to take is to have LPR status revoked and then an I-485 approved to get it back, instead of doing ROC (it sounds like unwilling participants).

The practicality of this is more complicated, as I believe you will have to go through an immigration court. That is not DIY...you do want a good attorney if it comes to court.

[trio 1]

13 minutes ago, geowrian said:

Gotcha. So the path they may want you to take is to have LPR status revoked and then an I-485 approved to get it back, instead of doing ROC (it sounds like unwilling participants).

The practicality of this is more complicated, as I believe you will have to go through an immigration court. That is not DIY...you do want a good attorney if it comes to court.

Oh wow. I don’t know what to do now. They told us we can file again since my green card before is no longer valid since it expired last 2019. 

[geowrian 22,337]

6 minutes ago, trio said:

Oh wow. I don’t know what to do now. They told us we can file again since my green card before is no longer valid since it expired last 2019. 

It's not quite that simple....USCIS will generally say the residency has been terminated, but BIA rulings are that it remains until an immigration judge formally revokes it. It's a bit of a gray area.

[Mollie09 1,543]

12 hours ago, trio said:

Oh wow. I don’t know what to do now. They told us we can file again since my green card before is no longer valid since it expired last 2019. 

Your green card expiring doesn't mean you lose status. You need to untagle this first before refiling the I-485, otherwise you will be rejected again.

Relinquishing the first green card then applying for the other one might be your best solution if you don't think you can get the I-751 approved. If you do, that is by far the easiest thing to do. This is not straightforward.

[NikLR 13,227]

Did you arrive within 90 days of your parent who was the foreign beneficiary?

[Pinkrlion 2,715]

It is my understanding that your parents can still file I-751.

[trio 1]

3 hours ago, NikLR said:

Did you arrive within 90 days of your parent who was the foreign beneficiary?

Yes I arrived with them. The only problem is that they dont want me to be included in their removal 

[NikLR 13,227]

27 minutes ago, trio said:

Yes I arrived with them. The only problem is that they dont want me to be included in their removal 

Thats an odd falling out. Have you looked into filing ROC on your own?

[VeVe 76]

I agree with trying to file in your own, if possible. 

[East Meets West 25]

20 hours ago, trio said:

Approved I-130 is my spouse

Option 1:

You mentioned "Approved I-130 is my spouse"

Are you married to a USC?

If yes, then your spouse can file for your ROC (I-751).

 

Option 2:

However, you may file Form I-751 without your spouse if:
1. You entered the marriage in good faith, but your spouse subsequently died;
2. You entered the marriage in good faith, but the marriage was later terminated due to divorce or annulment;
3. You entered the marriage in good faith, but you have been battered or subject to extreme cruelty by your petitioning
spouse; or
4. Your conditional resident parent entered the marriage in good faith, but you have been battered or subject to extreme
cruelty by your parent’s U.S. citizen or lawful permanent resident spouse or by your conditional resident parent; or
5. The termination of your status and removal from the United States would result in extreme hardship.

 

Also, the above information is from Form I-751's instructions on the USCIS website, you may file on your own if your parents doesn't want to apply for you. I don't know what documents you would need. Talk to your lawyer about it. 

 

Good Luck!