canceling an I-485

[jpaula 20]

Well, only if the current application that is pending is not denied and he is declared "removable" before the alien was able to submit an application, yes.

245(i) also does not protect an alien from removal proceedings and does not grant other benefits such as employment authorization or advance parole. If an alien has been ordered to be removed from the U.S., he cannot apply for adjustment of status by using 245(i). Also, if an alien is put in a removal proceeding in the future, he or she cannot stop the removal proceeding by using 245(i).

.

Thank you....I will do that today. Man, this has been such a mess. I can't wait to start over and do it the right way from the get go.

If your soon-to-be husband EWI-ed (entered without inspection) 11 years ago, whether he withdraws the pending I-485 or not, he would be required to return to his homeland. An alien that has entered without inspection is statutorily ineligible to adjust status in the USA. If he has been in the USA 11 years without having adjusted status, then he has an 11 year unlawful presence, which would subject him to a 10 year bar to admission. What kind of lawyer have you been working with? This is immigration 101.

Does the fact the an I-130 was filed prior to 2001 mean he might fall under 245(i)?

IF he did EWI, that is. To the OP, do you know exactly how he originally entered? It is important.

Hmmm, does canceling the current I-485 have the same effect as having it denied in this case (i.e. as it pertains to 245(i))?

Sorry to go off topic and it may be of no use to the OP, but it is kind of interesting.

We were told by our lawyer and many people in private post that we are better off canceling the I485 so that it doesn't get denied when he goes to the interview on June 10. I have called the uscis so many times I can not even count.....and they have told me from day one that he was illegible to file the i485. They have sent him his work permit and travel documents, he has had his fingerprinting, and medical exam approved. He entered at the Saulte Ste Marie POE and than got married and than she filed the I130. What is the 245 in comparison to the 485? I hope I answered your question.

245(i) is a type of amnesty and is granted only to those who had a petition filed for them prior to 2001. Your fiance does have an I-130 on file before then, so maybe it is something worth looking into. I am certainly no expert on it and you should talk to someone who is. His case is complicated, in part, because it is drawn out enough to span two different eras in immigration law. 245(i) was a way to grandfather in people already here when new, stricter laws hit the books (and apply to everyone since).

If he entered through a POE, then he would be considered "inspected" and thus not EWI. It is a very important distinction. Your previous response gave the impression that he had entered without inspection which is what DM was addressing above.

[harley2936 0]

Well, only if the current application that is pending is not denied and he is declared "removable" before the alien was able to submit an application, yes.

245(i) also does not protect an alien from removal proceedings and does not grant other benefits such as employment authorization or advance parole. If an alien has been ordered to be removed from the U.S., he cannot apply for adjustment of status by using 245(i). Also, if an alien is put in a removal proceeding in the future, he or she cannot stop the removal proceeding by using 245(i).

.

Thank you....I will do that today. Man, this has been such a mess. I can't wait to start over and do it the right way from the get go.

If your soon-to-be husband EWI-ed (entered without inspection) 11 years ago, whether he withdraws the pending I-485 or not, he would be required to return to his homeland. An alien that has entered without inspection is statutorily ineligible to adjust status in the USA. If he has been in the USA 11 years without having adjusted status, then he has an 11 year unlawful presence, which would subject him to a 10 year bar to admission. What kind of lawyer have you been working with? This is immigration 101.

Does the fact the an I-130 was filed prior to 2001 mean he might fall under 245(i)?

IF he did EWI, that is. To the OP, do you know exactly how he originally entered? It is important.

Hmmm, does canceling the current I-485 have the same effect as having it denied in this case (i.e. as it pertains to 245(i))?

Sorry to go off topic and it may be of no use to the OP, but it is kind of interesting.

We were told by our lawyer and many people in private post that we are better off canceling the I485 so that it doesn't get denied when he goes to the interview on June 10. I have called the uscis so many times I can not even count.....and they have told me from day one that he was illegible to file the i485. They have sent him his work permit and travel documents, he has had his fingerprinting, and medical exam approved. He entered at the Saulte Ste Marie POE and than got married and than she filed the I130. What is the 245 in comparison to the 485? I hope I answered your question.

[harley2936 0]

Well, only if the current application that is pending is not denied and he is declared "removable" before the alien was able to submit an application, yes.

245(i) also does not protect an alien from removal proceedings and does not grant other benefits such as employment authorization or advance parole. If an alien has been ordered to be removed from the U.S., he cannot apply for adjustment of status by using 245(i). Also, if an alien is put in a removal proceeding in the future, he or she cannot stop the removal proceeding by using 245(i).

.

Thank you....I will do that today. Man, this has been such a mess. I can't wait to start over and do it the right way from the get go.

If your soon-to-be husband EWI-ed (entered without inspection) 11 years ago, whether he withdraws the pending I-485 or not, he would be required to return to his homeland. An alien that has entered without inspection is statutorily ineligible to adjust status in the USA. If he has been in the USA 11 years without having adjusted status, then he has an 11 year unlawful presence, which would subject him to a 10 year bar to admission. What kind of lawyer have you been working with? This is immigration 101.

Does the fact the an I-130 was filed prior to 2001 mean he might fall under 245(i)?

IF he did EWI, that is. To the OP, do you know exactly how he originally entered? It is important.

Hmmm, does canceling the current I-485 have the same effect as having it denied in this case (i.e. as it pertains to 245(i))?

Sorry to go off topic and it may be of no use to the OP, but it is kind of interesting.

We were told by our lawyer and many people in private post that we are better off canceling the I485 so that it doesn't get denied when he goes to the interview on June 10. I have called the uscis so many times I can not even count.....and they have told me from day one that he was illegible to file the i485. They have sent him his work permit and travel documents, he has had his fingerprinting, and medical exam approved. He entered at the Saulte Ste Marie POE and than got married and than she filed the I130. What is the 245 in comparison to the 485? I hope I answered your question.

245(i) is a type of amnesty and is granted only to those who had a petition filed for them prior to 2001. Your fiance does have an I-130 on file before then, so maybe it is something worth looking into. I am certainly no expert on it and you should talk to someone who is. His case is complicated, in part, because it is drawn out enough to span two different eras in immigration law. 245(i) was a way to grandfather in people already here when new, stricter laws hit the books (and apply to everyone since).

If he entered through a POE, then he would be considered "inspected" and thus not EWI. It is a very important distinction. Your previous response gave the impression that he had entered without inspection which is what DM was addressing above.

I apologize for the misunderstanding......yes he came in through a POE but did not state the reason of coming here to be married. Does that matter? And would the 245 be something that we would be able to file even though he and his petitioner ( soon to be ex wife) will not be married as of June 3rd. I do not believe so. That is why we are going to cancel this i485 and start a new one with him and me. I guess I won't be so confused if our lawyer would actually get back to us for more than 1 minute a week. Yes, I am in the process of obtaining a new lawyer. Not that he is not good, but because I can never get the answers we need. This is a very time sensitive matter, and we are going nuts.

[jpaula 20]

I don't want to give out bad info and I don't know a lot about 245(i). It would make sense that the underlying relationship would need to be current, but then again, immigration law does not always run on sense.

Good to hear that he came through a POE. They could charge him with misrepresentation at the time of the AOS interview if they want to be really picky and point out the fact that he lied about his intent to immigrate, but that is nothing you can know until the time comes.

If you are canceling the current 485 (and I agree that you should) you are a little less pressed for time. I would use that time to get good legal advice.

Good luck!

[diadromous mermaid 36]

What, if anything, is stamped in his passport?

Well, only if the current application that is pending is not denied and he is declared "removable" before the alien was able to submit an application, yes.

245(i) also does not protect an alien from removal proceedings and does not grant other benefits such as employment authorization or advance parole. If an alien has been ordered to be removed from the U.S., he cannot apply for adjustment of status by using 245(i). Also, if an alien is put in a removal proceeding in the future, he or she cannot stop the removal proceeding by using 245(i).

.

Thank you....I will do that today. Man, this has been such a mess. I can't wait to start over and do it the right way from the get go.

If your soon-to-be husband EWI-ed (entered without inspection) 11 years ago, whether he withdraws the pending I-485 or not, he would be required to return to his homeland. An alien that has entered without inspection is statutorily ineligible to adjust status in the USA. If he has been in the USA 11 years without having adjusted status, then he has an 11 year unlawful presence, which would subject him to a 10 year bar to admission. What kind of lawyer have you been working with? This is immigration 101.

Does the fact the an I-130 was filed prior to 2001 mean he might fall under 245(i)?

IF he did EWI, that is. To the OP, do you know exactly how he originally entered? It is important.

Hmmm, does canceling the current I-485 have the same effect as having it denied in this case (i.e. as it pertains to 245(i))?

Sorry to go off topic and it may be of no use to the OP, but it is kind of interesting.

We were told by our lawyer and many people in private post that we are better off canceling the I485 so that it doesn't get denied when he goes to the interview on June 10. I have called the uscis so many times I can not even count.....and they have told me from day one that he was illegible to file the i485. They have sent him his work permit and travel documents, he has had his fingerprinting, and medical exam approved. He entered at the Saulte Ste Marie POE and than got married and than she filed the I130. What is the 245 in comparison to the 485? I hope I answered your question.

245(i) is a type of amnesty and is granted only to those who had a petition filed for them prior to 2001. Your fiance does have an I-130 on file before then, so maybe it is something worth looking into. I am certainly no expert on it and you should talk to someone who is. His case is complicated, in part, because it is drawn out enough to span two different eras in immigration law. 245(i) was a way to grandfather in people already here when new, stricter laws hit the books (and apply to everyone since).

If he entered through a POE, then he would be considered "inspected" and thus not EWI. It is a very important distinction. Your previous response gave the impression that he had entered without inspection which is what DM was addressing above.

I apologize for the misunderstanding......yes he came in through a POE but did not state the reason of coming here to be married. Does that matter? And would the 245 be something that we would be able to file even though he and his petitioner ( soon to be ex wife) will not be married as of June 3rd. I do not believe so. That is why we are going to cancel this i485 and start a new one with him and me. I guess I won't be so confused if our lawyer would actually get back to us for more than 1 minute a week. Yes, I am in the process of obtaining a new lawyer. Not that he is not good, but because I can never get the answers we need. This is a very time sensitive matter, and we are going nuts.

[diadromous mermaid 36]

What, if anything, is stamped in his passport?

Well, only if the current application that is pending is not denied and he is declared "removable" before the alien was able to submit an application, yes.

245(i) also does not protect an alien from removal proceedings and does not grant other benefits such as employment authorization or advance parole. If an alien has been ordered to be removed from the U.S., he cannot apply for adjustment of status by using 245(i). Also, if an alien is put in a removal proceeding in the future, he or she cannot stop the removal proceeding by using 245(i).

.

Thank you....I will do that today. Man, this has been such a mess. I can't wait to start over and do it the right way from the get go.

If your soon-to-be husband EWI-ed (entered without inspection) 11 years ago, whether he withdraws the pending I-485 or not, he would be required to return to his homeland. An alien that has entered without inspection is statutorily ineligible to adjust status in the USA. If he has been in the USA 11 years without having adjusted status, then he has an 11 year unlawful presence, which would subject him to a 10 year bar to admission. What kind of lawyer have you been working with? This is immigration 101.

Does the fact the an I-130 was filed prior to 2001 mean he might fall under 245(i)?

IF he did EWI, that is. To the OP, do you know exactly how he originally entered? It is important.

Hmmm, does canceling the current I-485 have the same effect as having it denied in this case (i.e. as it pertains to 245(i))?

Sorry to go off topic and it may be of no use to the OP, but it is kind of interesting.

We were told by our lawyer and many people in private post that we are better off canceling the I485 so that it doesn't get denied when he goes to the interview on June 10. I have called the uscis so many times I can not even count.....and they have told me from day one that he was illegible to file the i485. They have sent him his work permit and travel documents, he has had his fingerprinting, and medical exam approved. He entered at the Saulte Ste Marie POE and than got married and than she filed the I130. What is the 245 in comparison to the 485? I hope I answered your question.

245(i) is a type of amnesty and is granted only to those who had a petition filed for them prior to 2001. Your fiance does have an I-130 on file before then, so maybe it is something worth looking into. I am certainly no expert on it and you should talk to someone who is. His case is complicated, in part, because it is drawn out enough to span two different eras in immigration law. 245(i) was a way to grandfather in people already here when new, stricter laws hit the books (and apply to everyone since).

If he entered through a POE, then he would be considered "inspected" and thus not EWI. It is a very important distinction. Your previous response gave the impression that he had entered without inspection which is what DM was addressing above.

I apologize for the misunderstanding......yes he came in through a POE but did not state the reason of coming here to be married. Does that matter? And would the 245 be something that we would be able to file even though he and his petitioner ( soon to be ex wife) will not be married as of June 3rd. I do not believe so. That is why we are going to cancel this i485 and start a new one with him and me. I guess I won't be so confused if our lawyer would actually get back to us for more than 1 minute a week. Yes, I am in the process of obtaining a new lawyer. Not that he is not good, but because I can never get the answers we need. This is a very time sensitive matter, and we are going nuts.

If 245(i) were possible or necessary, his right to apply to adjust status would not be hinged to or under the former marriage, but through yours, which would occur in June. The LIFE Act was enacted to permit aliens that were otherwise ineligible to adjust status from within the USA (because of unlawful presence, no inspection upon entry) to adjust status only if they were physically present in the USA on December 31 2000 and had an approved immigrant petition before April 30, 2001.