Denied I-485, I-130 still pending

[Obam Blue 0]

I came to the US with an F1 visa but over stayed after graduation. I was subsequently put in Removal proceedings when I tried to adjust my status since at that time my wife was a GC holder.

She turned a citz recently and thus I tried AOS again but I received a letter from MSC saying that since I have a pending case, the judge has jurisdiction over my AOS. (Only I-485 has be refused so far.. I-130 is still pending)

So far, I've been to the court 3 times and the judge has been lenient enough to keep pushing back my final hearing just so that when my wife turns a citz, I can enjoy the benefits.

With this new twist, my denied i-485 and pending i-130, I'm not too sure how things will / should go from here on.

I've been reading about Form-EOIR-42B. I think I qualify to fill that form since I've been here since 1998.

Should I wait for the I-30 to be approved before I file this form? Can anyone share their experience or can anyone advice on how i should play this game from this point on.

PS: Btw, I do have a prior approved I-130. This was filed in 2002 so I've been told that is of no use to me since I was at that time not a minor

Edited June 24, 2009 by Obam Blue

[^KK^ 3]

Oh my..I wish you the best.

[Bobby+Umit 161]

Most of the cases I have seen where the person was actually put into removal proceedings ended up not being approved on the basis of that alone.

I would suggest a lawyer, since you have multiple problems in your case.

[YuAndDan 153]

Firstly you cannot adjust status based on marriage to another LPR, because the required I-130 does NOT qualify for an Immediate Resident visa under the unlimited class. This is why the first adjustment was denied.

Since you are in removal status the second one will not fly either.

The I-130 is still valid because IF it is approved it will be sent to NVC for normal IR-1 Spousal visa process.

The catch here is IF and when you do travel to home country for visa interview you will be dealing with a bar based on over stay and will need a waiver filed at that time.

This is an UGLY one that you need to talk about with an Immigrations Attorney, and goes beyond the scope of this board.

[Obam Blue 0]

Wow... I sure am glad I posted my problem here. Thanks to all for the contribution and the encouragement.

TO WILERAO

I was looking into EOIR-42B because i though that was my next thing to do. I do have a lawyer for my removal proceedings case. She's been pretty good till lately. After i broke the news about the denied I-485, she started making me feel that it was my fault that's why the case was denied. This is because I would not cough out an extra $2500 fees for her to file my forms. I think she forgot that times are hard lately plus we have a baby due in a few months.

Do you know if I have to file a new I-485 once the I-130 is approved?

My lawyer told me my next court date is in November, if my I-130 gets approved much earlier than that date, can I ask the judge, by way of a letter or some form, to review my case much earlier?

[soniew910 0]

doesn't f-1 have a D/S status?

[Marki 0]

I came to the US with an F1 visa but over stayed after graduation. I was subsequently put in Removal proceedings when I tried to adjust my status since at that time my wife was a GC holder.

She turned a citz recently and thus I tried AOS again but I received a letter from MSC saying that since I have a pending case, the judge has jurisdiction over my AOS. (Only I-485 has be refused so far.. I-130 is still pending)

So far, I've been to the court 3 times and the judge has been lenient enough to keep pushing back my final hearing just so that when my wife turns a citz, I can enjoy the benefits.

With this new twist, my denied i-485 and pending i-130, I'm not too sure how things will / should go from here on.

I've been reading about Form-EOIR-42B. I think I qualify to fill that form since I've been here since 1998.

Should I wait for the I-30 to be approved before I file this form? Can anyone share their experience or can anyone advice on how i should play this game from this point on.

PS: Btw, I do have a prior approved I-130. This was filed in 2002 so I've been told that is of no use to me since I was at that time not a minor

I believe your case is simpler than you think, specially If the following two conditions are true; 1) Your wife is a US Citizen and 2) You have a new born baby.

Now if the judge have been giving you continuance till you get your I-130 approved you are good. Do you know when your I-130 is expected to be approved. You must also be aware that being here since 1998, etc. only just qualifies you for EoIR your citizen spouse must face EXTREME hardship in order for you to have any shot at this.

I am saying all this because just this two days ago I was in the court for cancellation of removal and these courses are almost impossible to win unless you have a child who is exceptionally dependent on both parents like sever handicapped etc. Thats how the rule is.

Just 10+ years in the country does not translate into a good case any more it did before but now you have to be able to prove EXTREME HARDSHIP

[Obam Blue 0]

Good news !! My I-130 notice of approval has arrived!.

I have forwarded it to my lawyer. I now know she is not the best option out there. She was off today so Ill have to wait for her return to hear what she has to say next.

I believe that I have enough armor now to see if she's just playing me stupid or she just doesn't know what she's about.

I've also found out that my court date is not till November. Is there a way to get the judge's attention / verdict sooner than that time?

For the record; I was only considering CANCELLATION OF REMOVAL because I was thinking that will the next thing to do as soon as my I-130 arrived was approved. I know now I was dead wrong.

Once again. i really appreciate you all for the wonderful input you give me.