Immigration claims that I-485 was approved even though I-130 was not approved therefore i am illegal!

[samual09 0]

Did anyone hear about such absurd story?

i am married to a us citizen. i get here via K-3 (approved i-129f)

I applied for both I-130 and I-485 concurrently.

after 17 month of wait, i was interviewed for I-485, and few weeks later i received the Green card (05/2005).

3 years later i apply for naturalization.. everything goes well in the interview, but the agent claim i did not submit the photos (although i did i swear) , so he said he cannot approve it immediately, i submit the photos the next day...

i wait for the naturalisation approval... and guess what happen.. 6 months later, the immigration send me a letter saying i am illegal and that a deportation order will be issued soon!! i am married to a us citizen; my son was born here; they gave me the green card, they approved the i-485, and now i am ILLEGAL!!!

they claim that the officer who approved the i-485 should not have done that since i-130 was NOT approved; they said they cannot find an approved i-130; therefore they cannot give me the citizenship since i am not even a legal permanent resident ! they said that their center just received the i-130 application from the regional center (+5.5 years from the date it was sent, and 3.5 years from the date i got the green card).. the i-130 has not been approved yet!! they claim that they consider me illegal and they want to deport me within the next 30 days!

i am in complete loss, and i have no clue what is going on... a friend of mine told it's probably that they lost the i-130 application, and that the same agent tried to cover it up by approving the i-485..

i did not think about why i did not get the i-130 approval notice because i got the green card, so i thought it is the normal process !!

Please help!?

[Dakine 26]

Did anyone hear about such absurd story?

i am married to a us citizen. i get here via K-3 (approved i-129f)

I applied for both I-130 and I-485 concurrently.

after 17 month of wait, i was interviewed for I-485, and few weeks later i received the Green card (05/2005).

3 years later i apply for naturalization.. everything goes well in the interview, but the agent claim i did not submit the photos (although i did i swear) , so he said he cannot approve it immediately, i submit the photos the next day...

i wait for the naturalisation approval... and guess what happen.. 6 months later, the immigration send me a letter saying i am illegal and that a deportation order will be issued soon!! i am married to a us citizen; my son was born here; they gave me the green card, they approved the i-485, and now i am ILLEGAL!!!

they claim that the officer who approved the i-485 should not have done that since i-130 was NOT approved; they said they cannot find an approved i-130; therefore they cannot give me the citizenship since i am not even a legal permanent resident ! they said that their center just received the i-130 application from the regional center (+5.5 years from the date it was sent, and 3.5 years from the date i got the green card).. the i-130 has not been approved yet!! they claim that they consider me illegal and they want to deport me within the next 30 days!

i am in complete loss, and i have no clue what is going on... a friend of mine told it's probably that they lost the i-130 application, and that the same agent tried to cover it up by approving the i-485..

i did not think about why i did not get the i-130 approval notice because i got the green card, so i thought it is the normal process !!

Please help!?

Did you remove conditions also?

[JeroenAndMichelle 28]

I think only one advice can be given here: Go find yourself an immigration lawyer and see if they can help you any further as you really need legal advice.. I doubt anyone here can really help you.

[Kez/JWolf 6]

Did anyone hear about such absurd story?

i am married to a us citizen. i get here via K-3 (approved i-129f)

I applied for both I-130 and I-485 concurrently.

after 17 month of wait, i was interviewed for I-485, and few weeks later i received the Green card (05/2005).

3 years later i apply for naturalization.. everything goes well in the interview, but the agent claim i did not submit the photos (although i did i swear) , so he said he cannot approve it immediately, i submit the photos the next day...

i wait for the naturalisation approval... and guess what happen.. 6 months later, the immigration send me a letter saying i am illegal and that a deportation order will be issued soon!! i am married to a us citizen; my son was born here; they gave me the green card, they approved the i-485, and now i am ILLEGAL!!!

they claim that the officer who approved the i-485 should not have done that since i-130 was NOT approved; they said they cannot find an approved i-130; therefore they cannot give me the citizenship since i am not even a legal permanent resident ! they said that their center just received the i-130 application from the regional center (+5.5 years from the date it was sent, and 3.5 years from the date i got the green card).. the i-130 has not been approved yet!! they claim that they consider me illegal and they want to deport me within the next 30 days!

i am in complete loss, and i have no clue what is going on... a friend of mine told it's probably that they lost the i-130 application, and that the same agent tried to cover it up by approving the i-485..

i did not think about why i did not get the i-130 approval notice because i got the green card, so i thought it is the normal process !!

Please help!?

You say you came on a K3 visa, If you did then you should already have a approved I-130. you would not have got a K3 visa if it had not been approved.

Why did you submit a I-130 with the AOS? if you had a K3 visa then you do not need to submit another I-130 when you file to adjust your status.

There is a lot of confusion in your post. please clarify exactly what visa you entered the US on.

[Bobby+Umit 161]

So they made the mistake, so you can stay.

Get a lawyer if they wont work with you, get all your paperwork together and take them on!

[samual09 0]

Please help!?

Did you remove conditions also?

the letter said "a notice to appear (I-862) has been issued to you regarding your inadmissibility at time of adjustment of status. therefore, under section 318 of the Act you cannot be naturalized due to oustading removal proceeding pending against you"

[samual09 0]

You say you came on a K3 visa, If you did then you should already have a approved I-130. you would not have got a K3 visa if it had not been approved.

Why did you submit a I-130 with the AOS? if you had a K3 visa then you do not need to submit another I-130 when you file to adjust your status.

There is a lot of confusion in your post. please clarify exactly what visa you entered the US on.

You can get a K3 visa if the I-129F is approved. when you apply for the K-3, they ask for an approved I-129F and a proof that I-130 was filled.

[I Miss Her 0]

Did anyone hear about such absurd story?

i am married to a us citizen. i get here via K-3 (approved i-129f)

I applied for both I-130 and I-485 concurrently.

after 17 month of wait, i was interviewed for I-485, and few weeks later i received the Green card (05/2005).

3 years later i apply for naturalization.. everything goes well in the interview, but the agent claim i did not submit the photos (although i did i swear) , so he said he cannot approve it immediately, i submit the photos the next day...

i wait for the naturalisation approval... and guess what happen.. 6 months later, the immigration send me a letter saying i am illegal and that a deportation order will be issued soon!! i am married to a us citizen; my son was born here; they gave me the green card, they approved the i-485, and now i am ILLEGAL!!!

they claim that the officer who approved the i-485 should not have done that since i-130 was NOT approved; they said they cannot find an approved i-130; therefore they cannot give me the citizenship since i am not even a legal permanent resident ! they said that their center just received the i-130 application from the regional center (+5.5 years from the date it was sent, and 3.5 years from the date i got the green card).. the i-130 has not been approved yet!! they claim that they consider me illegal and they want to deport me within the next 30 days!

i am in complete loss, and i have no clue what is going on... a friend of mine told it's probably that they lost the i-130 application, and that the same agent tried to cover it up by approving the i-485..

i did not think about why i did not get the i-130 approval notice because i got the green card, so i thought it is the normal process !!

Please help!?

You need experience immigration lawyer. You can request information related to your immigration history from USCIS under “Freedom of Information and Privacy Acts”.

Home > About USCIS > Freedom of Information and Privacy Acts (FOIA)

From USCIS web site:

FOIA Requester Service Center:

The National Records Center operates a call center to answer questions about filing a request, provide status updates of pending requests, and otherwise provide assistance in obtaining records from USCIS. The call center operates from 7:00 AM to 2:15 PM Central Time. The phone number to reach a call center representative is (816) 350-5570. You may also fax inquiries to the National Records Center at (816) 350-5785, or e-mail your questions to uscis.foia@dhs.gov.

[Cino 5]

FIRST OF ALL, THEY ARE NOT SUPPOSED TO APPROVE YOUR AOS IF YOUR

I-130 DENIED. I-130 LOOKS AT YOUR ELIGIBILITY FOR AOS CONDITIONS.

I MEAN IF YOU HAVE ENTERED TO US WITHOUT INSPECTION AND/OR YOU HAVE FOR

EXAMPLE A DEPORTATION ORDER, YOUR I-130 CAN NOT BE APPROVED, HENCE YOUR AOS(485)

WILL AUTOMATICALLY WILL BE INVALID. PLEASE ANSWER MY QUESTIONS NOW :

1) HAVE YOU FILED I-751 IN A TIMELY MANNER TO REMOVE YOUR CONDITIONS (BECAUS OF 2-YEAR MARRIAGE) ?

2) HAVE YOU BEEN CHARGED FOR CRIME OR FELONY FOR THE LAST 3 YEARS ?

(BTW, I AM NOT TALKING ABOUT TRAFFIC OFFENSES)

I WILL HELP YOU AFTER YOU ANSWER MY QUESTIONS. THANKS IN ADVANCE....

HERE IS MY TIMELINE :

I-130 mailed 01/13/09

I-130 received by USCIS 01/16/09

NOA1 Mail for I-130 received 01/22/09

I-485 Package mailed 02/17/09

I-485 Package received by USCIS 02/20/09

NOA1 Mail for I-485 & I-765 received 02/26/09

NOA2 e-mail for I-130 Approval 03/03/09 (47 Days)

NOA2 Hard Copy of I-130 Approval received 03/07/09

Biometrics App. Mail Notice received 03/09/09 (App. Date 03/24/09)

NOTE : I DID NOT APPLY FOR I-131 (AP).

[samual09 0]

CHECK my answers below:

FIRST OF ALL, THEY ARE NOT SUPPOSED TO APPROVE YOUR AOS IF YOUR

I-130 DENIED. I-130 LOOKS AT YOUR ELIGIBILITY FOR AOS CONDITIONS.

I MEAN IF YOU HAVE ENTERED TO US WITHOUT INSPECTION AND/OR YOU HAVE FOR

EXAMPLE A DEPORTATION ORDER, YOUR I-130 CAN NOT BE APPROVED, HENCE YOUR AOS(485)

WILL AUTOMATICALLY WILL BE INVALID. PLEASE ANSWER MY QUESTIONS NOW :

1) HAVE YOU FILED I-751 IN A TIMELY MANNER TO REMOVE YOUR CONDITIONS (BECAUS OF 2-YEAR MARRIAGE) ?

[samula09]i came to the us on a K-3 visa (my spouse filled a I-129F application). the embassy gave me the visa. a week after i arrived, I applied for the I-130. once i received the receipt i sent the AOS application (I-485) about 1-2 months after i arrived (09/2003). after couple 18 months of wait, i did the AOS interview on 04/2005 which i passed, and they send me the the green card.

The I-130 was neither denied or approved based on the letter i received last week. they said it was not approved at the time my AOS was approved, therefore i am illegal (check the exact wording above)

2) HAVE YOU BEEN CHARGED FOR CRIME OR FELONY FOR THE LAST 3 YEARS ?

(BTW, I AM NOT TALKING ABOUT TRAFFIC OFFENSES)

[smaual09] i have never been in any trouble all my life. i contacted a lawyer and he said the immigration probably lost my i-130.. immagine the letter said they just received the I-130 appliation papers on their local office in jan 09 (which was initially filled on 2005!!)

I WILL HELP YOU AFTER YOU ANSWER MY QUESTIONS. THANKS IN ADVANCE....

HERE IS MY TIMELINE :

I-130 mailed 01/13/09

I-130 received by USCIS 01/16/09

NOA1 Mail for I-130 received 01/22/09

I-485 Package mailed 02/17/09

I-485 Package received by USCIS 02/20/09

NOA1 Mail for I-485 & I-765 received 02/26/09

NOA2 e-mail for I-130 Approval 03/03/09 (47 Days)

NOA2 Hard Copy of I-130 Approval received 03/07/09

Biometrics App. Mail Notice received 03/09/09 (App. Date 03/24/09)

NOTE : I DID NOT APPLY FOR I-131 (AP).

[FRJ 0]

CHECK my answers below:

FIRST OF ALL, THEY ARE NOT SUPPOSED TO APPROVE YOUR AOS IF YOUR

I-130 DENIED. I-130 LOOKS AT YOUR ELIGIBILITY FOR AOS CONDITIONS.

I MEAN IF YOU HAVE ENTERED TO US WITHOUT INSPECTION AND/OR YOU HAVE FOR

EXAMPLE A DEPORTATION ORDER, YOUR I-130 CAN NOT BE APPROVED, HENCE YOUR AOS(485)

WILL AUTOMATICALLY WILL BE INVALID. PLEASE ANSWER MY QUESTIONS NOW :

1) HAVE YOU FILED I-751 IN A TIMELY MANNER TO REMOVE YOUR CONDITIONS (BECAUS OF 2-YEAR MARRIAGE) ?

[samula09]i came to the us on a K-3 visa (my spouse filled a I-129F application). the embassy gave me the visa. a week after i arrived, I applied for the I-130. once i received the receipt i sent the AOS application (I-485) about 1-2 months after i arrived (09/2003). after couple 18 months of wait, i did the AOS interview on 04/2005 which i passed, and they send me the the green card.

The I-130 was neither denied or approved based on the letter i received last week. they said it was not approved at the time my AOS was approved, therefore i am illegal (check the exact wording above)

2) HAVE YOU BEEN CHARGED FOR CRIME OR FELONY FOR THE LAST 3 YEARS ?

(BTW, I AM NOT TALKING ABOUT TRAFFIC OFFENSES)

[smaual09] i have never been in any trouble all my life. i contacted a lawyer and he said the immigration probably lost my i-130.. immagine the letter said they just received the I-130 appliation papers on their local office in jan 09 (which was initially filled on 2005!!)

I WILL HELP YOU AFTER YOU ANSWER MY QUESTIONS. THANKS IN ADVANCE....

HERE IS MY TIMELINE :

I-130 mailed 01/13/09

I-130 received by USCIS 01/16/09

NOA1 Mail for I-130 received 01/22/09

I-485 Package mailed 02/17/09

I-485 Package received by USCIS 02/20/09

NOA1 Mail for I-485 & I-765 received 02/26/09

NOA2 e-mail for I-130 Approval 03/03/09 (47 Days)

NOA2 Hard Copy of I-130 Approval received 03/07/09

Biometrics App. Mail Notice received 03/09/09 (App. Date 03/24/09)

NOTE : I DID NOT APPLY FOR I-131 (AP).

did you get a two year gc or a 10 year? did u file to have conditions removed(if u got the 2 yr)

[Cino 5]

If this is the case, that is not your problem. They can look at your I-130 now

and approve it. But I have another question

"why did you apply for I-130?"

After filing I-129F, you do not have to file I-130.

Also You didn't answer my first question.

I am asking again here:

"Have you ever filed I-751 (in a timely manner) to remove your 2-year conditional status due to marriage?"

Don't worry about it they can not do anything. They just messed up your case.

[samual09 0]

If this is the case, that is not your problem. They can look at your I-130 now

[samula09] this is the biggest question i have why they do not want to look at it now? why they want to deport me? they did not say anything in the letter why? maybe they will use the 2-year conditional status as a reason since it is over two year.. i really do not know!!

and approve it. But I have another question

"why did you apply for I-130?"

After filing I-129F, you do not have to file I-130.

[samual09] my spouse filled the i-129f to get me the k3 visa. when i arrived, we thought we should file the i-130 to get the green card and i-485 AOS. this is what everyone else is going (at least that's what we did).

Also You didn't answer my first question.

I am asking again here:

"Have you ever filed I-751 (in a timely manner) to remove your 2-year conditional status due to marriage?"

[samula09] no, i did not. i thought since i got the green card on 05/2005 (which is less than two years from the date i entered the USA and less than 2 years from the date i applied to i130/i-1485)

Don't worry about it they can not do anything. They just messed up your case.

[samual09] thank you..

[FRJ 0]

Something about ur story doesn't add up. U didn't file the 751 to remove conditions but u filed for naturalization?

[Cino 5]

Now you are talking & making sense.

YOU DID NOT FILE I-751 TO REMOVE YOUR CONDITIONAL STATUS.

YOU HAVE BEEN AUTOMATICALLY DENIED. THIS IS NOTHING TO DO WITH I-130.

IT DOES NOT MATTER WHETHER THEY HAVE APPROVED I-130 OR NOT !..

LET ME PHRASE YOU FROM USCIS PAGES :

Effect of not filing

If this petition is not filed,you will automatically lose your permanent resident status as of the second anniversary

of the date on which you were granted conditional status.

You will then become removable from the United States. If your failure to file was through no fault of your own,

you may file your petition late with a written explanation and request that USCIS excuse the late filing.

Failure to file before the expiration date may be excused if you demonstrate when you submit the application

that the delay was due to extraordinary circumstances beyond your control and that the length of the delay was reasonable.

Edited March 16, 2009 by Cino