I485 denied

[Mrs.Allen2013 0]

Hi everyone.

I am a little lost and was hoping someone here is familiar with the situation and might be able to guide me in the right direction.

I have been in the usa since July 2013.

I had my I 130 approved. Then my I 485 got denied. We filed a I 601 waiver wich has been approved, and now my I 485

got denied again.

We asked 2 different lawyers for advice and both told us that we can reapply for the I 485 or do a motion of appeal.

Now the reasons that it has been denied the first time, where taken care of with the waiver and now they say it's because in the meanwhile my medical expired.

My husband and me are tired, the savings ran out. We can not afford a lawyer to take our case.

On top of that he would not be able to live in Germany where I am from due to different medical issues and ptsd.

We had a daughter in August '15

And it breaks our heart that either I have to leave and take my daughter with me or I have to leave by myself. Either way she will be missing out on one parent. I don't have family in germany. Everybody lives in the usa.

I need some guidance.

Maybe someone has had a similar case or know any tip.

Thank you all in advance

[Transborderwife 4,666]

Why didn't you just refile with a new medical? You can't appeal as USCIS did not make a mistake. What was the waiver for

Edited January 24, 2016 by Transborderwife

[aaron2020 11,651]

Hi,

You have to jump through the exact hoops as required.

File a new AOS with a new medical. Make sure you have everything, don't let anything expire, and you have to do it exactly as required.

[Mrs.Allen2013 0]

Why didn't you just refile with a new medical? You can't appeal as USCIS did not make a mistake. What was the waiver for

Well I didn't file yet because in the denial it just gave me the option to do a I290.

I just found out that I can redo the I485.

And I wanted to hear a few more opinions before doing so.

The waiver was stating the extreme hardship that my husband would have if I would be denied my green card.

[Penguin_ie 5,984]

If you are SURE it is only the expired medical that caused the denial, then definitely re-file

[Mrs.Allen2013 0]

The problem is I am not sure.

That's what i.understand. then that one lawyer I asked for advice told me there's more but didn't say.is there a way I can upload the letter here and maybe someone can tell me more

[aleful 1,905]

hi

but why did you need to file the i601?

if you entered illegally to the US, then you don't qualify to adjust status In the US

the i601 is for several reasons, but why in the first place did you file the i601?

[Transborderwife 4,666]

Exactly. Something's amiss here

[Mrs.Allen2013 0]

I was considered inadmissible section 212 a .I had committed a crime 18 years ago and was sentenced to probation. When I did my esta online I said I haven't been committed of a crime because I thought probation is not a conviction.but the waiver was approved. I explained why ( I was forced to do the crime ) and that I am a totally different person now then back then and the hardship my husband, my daughter and my mother would have if I would have to leave

[Villanelle 4,121]

If you upload something be sure to black out personal info. Seeing the denial letter may help you get better answers.

[Mrs.Allen2013 0]

Ok I will do that but how do I upload the letter after I scanned it.

Thank you everyone for your responses

[Mrs.Allen2013 0]

I found it...I will upload as soon as possible

[NigeriaorBust 4,087]

You posted under bringing family members of permanent residents , is your spouse a citizen ?

[Mrs.Allen2013 0]

Yes he is.

[ExPatty 502]

Best of luck. It's trying, but you can keep slogging away. There is light at the end of the tunnel.