Can I File for I-485? [split topic and merged)

[Aroyo 0]

I have an I-485 case denied. Since I am in school, can I file for NIW?

[Aroyo 0]

I have an I-485 case denied. Since I am in school, can I file for NIW?

[TBoneTX 45,778]

The above was split from an old thread in this forum.

[SalishSea 18,015]

2 hours ago, Aroyo said:

I have an I-485 case denied. Since I am in school, can I file for NIW?

You will need to elaborate a bit for the best advice.

 

What visa were you trying to adjust from?  Why was it denied?  What does NIW have to do with being in school?

[Aroyo 0]

My wife withdrew her support. So, that was why my i485 was denied. I. want to apply for EB2-NIW because i am doing my phd presently. So, I want to know if the denied i485 will affect my application or not?

[Aroyo 0]

11 minutes ago, Jorgedig said:

You will need to elaborate a bit for the best advice.

 

What visa were you trying to adjust from?  Why was it denied?  What does NIW have to do with being in school?

My wife withdrew her support. So, that was why my i485 was denied. I. want to apply for EB2-NIW because i am doing my phd presently. So, I want to know if the denied i485 will affect my application or not?

[carmel34 3,650]

10 hours ago, Aroyo said:

My wife withdrew her support. So, that was why my i485 was denied. I. want to apply for EB2-NIW because i am doing my phd presently. So, I want to know if the denied i485 will affect my application or not?

The more important issue here is you are are now out of status since the I-485 was denied and you are at risk of receiving a deportation order.  An I-140 could take up to 26.5 months to be adjudicated, and is not guaranteed.  In fact, an I-140 for an EB2-NIW is even more unlikely to get approved than a regular EB2 with employer sponsorship.  Do you already have an advanced (at least master's) degree?  Doing a PhD now will not be sufficient, as the requirements clearly state that you need an advanced degree in order to qualify.  You should consult with a very experienced immigration attorney to help you determine the best course of action.  The last thing you want to happen is to have two or more years of unlawful presence on your record, which will lead to additional problems.  This is not a DIY case in my opinion.  You may also want to consider leaving the country depending on what the attorney says.  Be careful.  Of course the I-485 denial is on your record and will be considered in any future attempts to stay in or re-enter the US.  Good luck!

[Aroyo 0]

10 minutes ago, carmel34 said:

The more important issue here is you are are now out of status since the I-485 was denied and you are at risk of receiving a deportation order.  An I-140 could take up to 26.5 months to be adjudicated, and is not guaranteed.  In fact, an I-140 for an EB2-NIW is even more unlikely to get approved than a regular EB2 with employer sponsorship.  Do you already have an advanced (at least master's) degree?  Doing a PhD now will not be sufficient, as the requirements clearly state that you need an advanced degree in order to qualify.  You should consult with a very experienced immigration attorney to help you determine the best course of action.  The last thing you want to happen is to have two or more years of unlawful presence on your record, which will lead to additional problems.  This is not a DIY case in my opinion.  You may also want to consider leaving the country depending on what the attorney says.  Be careful.  Of course the I-485 denial is on your record and will be considered in any future attempts to stay in or re-enter the US.  Good luck!

My F1 Visa is still valid, so I don't think I am out of status. And yes I have a master's degree from a University in the US.  I will follow your advice as regards consulting an attorney. Thanks so much. I really appreciate it.

[Coco8 1,042]

19 hours ago, Aroyo said:

I have an I-485 case denied. Since I am in school, can I file for NIW?

You should make your own thread. Why was your I-485 denied?

 

EB2-NIW requires a lawyer because there's a lot of supporting documents needed.

[randomstairs 309]

20 hours ago, Aroyo said:

I have an I-485 case denied. Since I am in school, can I file for NIW?

It depends on the reason(s) for the denial of the I-485 case. Note that with the successful filing of NIW you only get the approved I-140. You can then use this EB2-NIW approval to file the I-485 (as a second step or concurrently). The denial of your I-485 should not affect your potential NIW case. 

 

You can file for NIW by yourself or with an attorney experienced in such cases. The latter is usually recommended although the DIY option does exist.

 

You will need to satisfy the three prongs of "Dhanasar": "Dhanasar states that after a petitioner has established eligibility for EB-2 classification, U.S. Citizenship and Immigration Services (USCIS) may, as matter of discretion, grant a national interest waiver if the petitioner demonstrates: (1) that the foreign national's proposed endeavor has both substantial merit and national importance; (2) that the foreign national is well positioned to advance the proposed endeavor; and (3) that, on balance, it would be beneficial to the United States to waive the requirements of a job offer and thus of a labor certification." - USCIS

Edited January 24, 2022 by randomstairs

[Aroyo 0]

1 hour ago, randomstairs said:

It depends on the reason(s) for the denial of the I-485 case. Note that with the successful filing of NIW you only get the approved I-140. You can then use this EB2-NIW approval to file the I-485 (as a second step or concurrently). The denial of your I-485 should not affect your potential NIW case. 

 

You can file for NIW by yourself or with an attorney experienced in such cases. The latter is usually recommended although the DIY option does exist.

 

You will need to satisfy the three prongs of "Dhanasar": "Dhanasar states that after a petitioner has established eligibility for EB-2 classification, U.S. Citizenship and Immigration Services (USCIS) may, as matter of discretion, grant a national interest waiver if the petitioner demonstrates: (1) that the foreign national's proposed endeavor has both substantial merit and national importance; (2) that the foreign national is well positioned to advance the proposed endeavor; and (3) that, on balance, it would be beneficial to the United States to waive the requirements of a job offer and thus of a labor certification." - USCIS

Thank you.

[Ontarkie 14,345]

~~Another hijacked thread split off and merged with the other. Do not post questions for your own case in other members threads. You must start your own threads for questions about your case or post in this existing thread here.~~

[randomstairs 309]

2 hours ago, Aroyo said:

Thank you.

Sure thing. How many publications/citations do you have? 

[Aroyo 0]

1 minute ago, randomstairs said:

Sure thing. How many publications/citations do you have? 

I have one publication that was just published in Dec 2021.

[Aroyo 0]

22 minutes ago, randomstairs said:

Sure thing. How many publications/citations do you have? 

In addition to the publication, I have a master's degree and am currently doing my Ph.D.