HELP: Just found out I-485 denied over 3 months ago

[rk24 0]

I just found out a few days ago that my I485 application was denied, becasue I didnt show up to biometrics appt.

The reason I didnt not show up, is because I had no idea about it.....

so, it turns out that on May 6th 2010, they sent a letter telling me application was denied and that I am therefore currently out of status, and if leave US within 30days will not have removal order against me, that means I should of left by June 5th (10 weeks ago)

I would of left then had I of received the letter,

but the letter was sent to my ex-husband and he only decided to inform me of it now.

What do I do?

I was planning to apply for VAWA but is it to late now to do anything? seeing as i am currently out of status?

would they arrest me if I tryed to leave now, at airport?.

[canadian_wife 1,831]

No, they won't arrest you at the airport.

How did you enter the country? Did you enter as a tourist on the VWP and try to adjust status?

Good luck, I'm sorry about this

[Penguin_ie 6,002]

They will let you leave without any issues, but you may have difficulty coming back, should you ever decide to apply for another visa. If you want to go home though, just go and you will be fine.

I assume you no longer live with the ex-husband, and that is why you missed the biometrics appointment letter and subsequent mail? Did you register your change of address and have proof of doing so? If so, you MAY be able to appeal, but I am not sure.

[NigeriaorBust 4,088]

Report the ex to the post office for opening and not delivering your mail. It is a rather serious offense.

[Bobby+Umit 161]

You would need to talk to a lawyer if you wish to do a VAWA - however, it would be a hard call if it will work, since you waited to after your first attempt failed (regardless if your ex stopped mail, the question that would be asked would be "why didn't you file VAWA first?")

But not knowing the timeline your working under - you would have to make the choice.

If you still want to go home, you would not be arrested at the airport, and you would want to leave before you acquire 180+ days of being out of status (which would affect your return to the US in the future).