i130/i485 denied. Need help and advice!

[LittlebyLittle 16]

Just now, Misscloud said:

When did u apply for asylum ? Is it over a year or under a year since u arrived in October 2018 

applied for asylum in May 2020. So it is already over a year

[Verrou 1,962]

wait for lawyer. If he didn’t reply to u by Monday keep calling. Do u have working permit ? If ur case still pending, u suppose to be ok. But better talk with ur lawyer 

 

I have similar situation, pending asylum ( apply less than a year ) but my case already sent to immigration judge. Already submit I-130 but not I-485 yet. Once the judge terminate my asylum case I will apply I-485. My lawyer told me once asylum case terminated, there’s no way back and I absolutely agree with my lawyer. That’s why I said u supposed to be ok, but Better confirm with ur lawyer 

 

all the best 

Edited December 25, 2021 by Misscloud

[LittlebyLittle 16]

8 minutes ago, Misscloud said:

wait for lawyer. If he didn’t reply to u by Monday keep calling. Do u have working permit ? If ur case still pending, u suppose to be ok. But better talk with ur lawyer 

 

I have similar situation, pending asylum ( apply less than a year ) but my case already sent to immigration judge. Already submit I-130 but not I-485 yet. Once the judge terminate my asylum case I will apply I-485. My lawyer told me once asylum case terminated, there’s no way back and I absolutely agree with my lawyer. That’s why I said u supposed to be ok, but Better confirm with ur lawyer 

 

all the best 

Thank you for his information. How did you know that your asylum case was sent to the immigration judge? Did you get a notice?

[LittlebyLittle 16]

18 minutes ago, Misscloud said:

When did u apply for asylum ? Is it over a year or under a year since u arrived in October 2018 . When did u marry ur spouse ? 

Married in November 2019

[Verrou 1,962]

7 minutes ago, Liudmila said:

Thank you for his information. How did you know that your asylum case was sent to the immigration judge? Did you get a notice?

Because I went to interview with USCIS ( asylum case ) and they can’t approve it. So my case is withholding processing and have to come to immigration judge. Already had master hearing in 2018 for 2020 but obviously because of Covid it was postponed (no new date ) 

 

If u are married in November 2019, why u apply asylum in May 2020 ? It doesn’t make any sense 

Edited December 25, 2021 by Misscloud

[LittlebyLittle 16]

1 minute ago, Misscloud said:

Because I went to interview with USCIS ( asylum case ) and they can’t approve it. So my case is withholding processing and have to come to immigration judge. Already had master hearing in 2018 for 2020 but obviously because of Covid it was postponed (no new date ) 

 

If u are married in November 2019, why u apply asylum in May 2020 ? It doesn’t make any sense 

I am sorry, this situation baffled my thinking... You are right: May 2019 asylum applied (not 2020). Sorry for this confusion

[Rocio0010 5,579]

On what basis are you seeking asylum?

[Imperium 81]

1 hour ago, LittlebyLittle said:

Married in November 2019

Are you still married to the same person?

If not, when was your marriage terminated?

[Okboy 43]

3 hours ago, LittlebyLittle said:

Came to US with B2 visa. Have the asylum pending. We are from Russia. We are in the states since October 2018.

Talk to an attorney if you already have one as it seems your case has gone beyond do it yourself or seeking counsel from immigration  novices on here. Take care 

[LittlebyLittle 16]

1 hour ago, Imperium said:

Are you still married to the same person?

If not, when was your marriage terminated?

still married. but there is an order of protection issued by criminal court, so he cant be around me. and he is having hearings at the court as well

[Rocio0010 5,579]

On what basis are you seeking asylum?

Why did USCIS call him separately for an interview? Do you know the outcome of it?

[arken 4,197]

4 hours ago, Liudmila said:

I sent this information to the attorney. But it sounds strange, that the order me to leave the country. Because I still have asylum pending which allows me to stay in the country

The letter was auto triggered by the denied i485 which is completely independent of your pending asylum. Since your asylum is pending, very likely you don't need to leave. If you are called to appear to the court, it's very likely you will be allowed to stay based on pending asylum. Your attorney should guide you through the process.

[arken 4,197]

11 minutes ago, ra0010 said:

Why did USCIS call him separately for an interview? Do you know the outcome of it?

OP has already mentioned such details. 

Edited December 26, 2021 by arken

[African Zealot 1,455]

Your hope now relies on the asylum filing. Apparently USCIS are convinced your marriage either wasn’t bonafide or your husband pulled the 130 or 864 so adjusting by marriage is dead in the water.

 

You may now have a VAWA opportunity however note that trying to adjust by many routes sometimes casts the applicant in a negative hue of desperado who will do anything to stay legal.

 

A competent immigration attorney is would be well worth it. As someone already explained the letter asking you to leave is automatic and didn’t take note of your pending asylum application.

[Demise 1,283]

Well, you're in US legally while your asylum is pending, regardless of what the I-485 denial notice said. That being said judging from what you've said so far it looks like you could do a VAWA claim.