Adjustment of Status Denied Day Before Interview

[Boiler 43,576]

You are eligible to apply for a CPT if:

* You are a full-time student for at least one academic year

[Dakine10 5,452]

You are eligible to apply for a CPT if:

* You are a full-time student for at least one academic year

Economic hardship, she just entered.

I know, but if the OP is sure it's an F1, then those are the only possibilities that come to mind. Could just be off on the timeline a bit.

[youngstar 0]

It is hard to figure out why the AOS was denied before the letter arrives. It could be something as simple as missing documentation. Don't panic yet and rush to get a lawyer without knowing the reasons yet. Sometimes dealing with immigration makes people believe things are much more complicated than they really are. And the truth is every ones case is different. As for the work permit people, it is possible to get a work permit with an F-1 visa if the students reasons were unforeseen circumstances such as war, or economic hardship or other issues that would drastically affect the source of their money. Of course you'll need proof of that and a letter from the sponsor saying they are incapable of supporting them due to economic hardship. She's from Kenya so this might just be possible around that time, for they had an election at the end of 2007 which was quit violent from what I could get on the news, so work authorization would have been a lot easier to acquire.

All I can say is I've heard of people in worse situations come out unscathed. This case is not as complicated as one might think but don't be too lax either. If you do get a lawyer just be sure to be honest with them and tell them every detail of your process. I suggest collecting documents and emails and if you feel the work authorization cards are going to be an issue tell your wife to bring out all the documents used to apply for them.

All the best in your case.

(I'm not a lawyer. I hope to calm your nerves some though)

[Dakine10 5,452]

Sometimes dealing with immigration makes people believe things are much more complicated than they really are.

Often times true, but being in removal proceedings and having the AOS denied the day before the interview, this does not seem to be one of those times.

I do agree though, it's just a lot of speculation until the denial letter arrives.

[sadlyvawa 0]

It will be very, very expensive but in your case I think an immigration lawyer would be your best bet, sorry. I suggest you start scouting for a good lawyer who will be willing to work out a payment plan since you mentioned you cannot afford it out-of-pocket.

Unfortunately almost everything you said about your wife's case does not play in your favor and your marriage may be viewed as an intention to circumvent immigration laws since she has been staying here in the US illegally since January 2010. Also, was her work back in 2008 even sanctioned by USCIS in the first place?

It does not look good and if you don't play this right she may be barred from entering the US for 10 years if she gets deported.

[Haarp425 26]

Unfortunately almost everything you said about your wife's case does not play in your favor and your marriage may be viewed as an intention to circumvent immigration laws since she has been staying here in the US illegally since January 2010. Also, was her work back in 2008 even sanctioned by USCIS in the first place?

It may, but IMHO, the marriage may not be viewed as an intention to circumvent immigration laws since the relationship existed before she was notified of deportation proceeding against her.

[Myopia 93]

Your wife will probably be allowed to adjust as long as there are no mitigating circumstances that prevent that happening. Its procedure.

As I mentioned in an earlier post, there is a directive that will allow your wife to adjust. Maybe something got lost in the system but in lieu of a lawyer, I would make sure you are read up on that so you know what will happen in May.

Again being in removal proceedings shouldn't be a barrier to your wife adjusting her status.

Are there any other factors that could adversely affect your wife's case?

You married her in May 2010 and that would have had her out of status for 7 months. The school has an obligation to report all F1 students that have left the program so there may have been an order for her before you got married which may have been a flag to the Immigration officer.

I don't think you can take any ones word for anything unless, they at the point of speaking, have the ability to change the situation in any way.

Edited March 17, 2011 by Myopia

[concernedhusband 0]

My wife received her letter yesterday. In the letter, it stated that the reason she was denied adjustment of status was because she is in removal proceedings. The letter said that we can not appeal the decision. We have to plead our case in front of a judge now on May 24. I have a new question now. Will we have to submit a new I-485 to the judge in Kansas City? Or will the one we sent to USCIS be good enough for the judge?

Your wife will probably be allowed to adjust as long as there are no mitigating circumstances that prevent that happening. Its procedure.

As I mentioned in an earlier post, there is a directive that will allow your wife to adjust. Maybe something got lost in the system but in lieu of a lawyer, I would make sure you are read up on that so you know what will happen in May.

Again being in removal proceedings shouldn't be a barrier to your wife adjusting her status.

Are there any other factors that could adversely affect your wife's case?

You married her in May 2010 and that would have had her out of status for 7 months. The school has an obligation to report all F1 students that have left the program so there may have been an order for her before you got married which may have been a flag to the Immigration officer.

I don't think you can take any ones word for anything unless, they at the point of speaking, have the ability to change the situation in any way.

[Bobby+Umit 161]

My wife received her letter yesterday. In the letter, it stated that the reason she was denied adjustment of status was because she is in removal proceedings. The letter said that we can not appeal the decision. We have to plead our case in front of a judge now on May 24. I have a new question now. Will we have to submit a new I-485 to the judge in Kansas City? Or will the one we sent to USCIS be good enough for the judge?

You shouldn't have to file a new one since you are going to appeal the decision. If that appeal fails- you will need to file a new one.

[indian guy 13]

here is the whole deal on your case.

Your wife fell out of status when she skipp the school. school informed the USCIS.

USCIS issued NTA on your wife's case and COurt date set in sometime year 2011 because judge calander didnot had slot.

Youguys were married but you didnot filed AOS prior to NTA issued, therefore There will be no AOS with USCIS as USCIS already lost the jurisdiction over the Adjustment when they issued NTA. Although USCIS always have the jurisdiction over I130.

because of the NTA issued before the Filing, I485 is invalid. You can only file I485 now if asked and only judge will ask you to file it it court. This also depends upon the I130 approval, if you have approval then only judge will ask you to file I485 and then once file it will be his calander if he want to adjust you in court or terminate the proceeding and remand tha case back to USCIS to further adjustment.

Go get an attorney because you in in the immigration scrutiny long and its just started. . USCIS presumed that You were married to equire the immigration benifits.

good luck

[Myopia 93]

The problem is the removal proceedings are with ICE and the adjustment was with USCIS. Had your wife filed for her AOS before she was in proceedings then it would have been a whole other case.At this time ICE have jurisdiction over your case but that is not bad news for you and your wife.

This is the memo that you should read because your case would seem to fall into this exact catergory.

As it is the ICE attorney have the ability to ask the Judge to dismiss your case

ICE Memo

In another thread I opined that USCIS could approve a case and then it would go to ICE but it looks like it could be the other way around, that formal removal proceedings are dropped by ICE in court and then it is referred back to USCIS to be approved or denied.

[indian guy 13]

The problem is the removal proceedings are with ICE and the adjustment was with USCIS. Had your wife filed for her AOS before she was in proceedings then it would have been a whole other case.At this time ICE have jurisdiction over your case but that is not bad news for you and your wife.

This is the memo that you should read because your case would seem to fall into this exact catergory.

As it is the ICE attorney have the ability to ask the Judge to dismiss your case

ICE Memo

In another thread I opined that USCIS could approve a case and then it would go to ICE but it looks like it could be the other way around, that formal removal proceedings are dropped by ICE in court and then it is referred back to USCIS to be approved or denied.

not true.

Ice just follow the court order. ICE don't approve or deny the case. its EOIR where USCIS will be represented by attorney and Alien can either go pro se or hire and attorney. ICE only can detain the person if he/she is on flight risk. Hold then till Judge render his decision and then only they do the required steps to remove alien. Of course there will be removal officer assign when alien is detained. He will work side by side to aquire the travel document and permission from the country of origin so he can do his job to remove alien when time comes.

[concernedhusband 0]

I would like to thank everyone for their support. We ended up hiring a lawyer. Wish us good luck for our court date on May 24. Again, thank you everyone.

[indian guy 13]

I would like to thank everyone for their support. We ended up hiring a lawyer. Wish us good luck for our court date on May 24. Again, thank you everyone.

Its good you hired an attorney, Now ask him the same questions and let yourself know what is going to happend in your case? why your ASO is denied? you will know the answers. BTW did you ever heard about your I 130/ did it got approved? You have to check that because that always been with USCIS and they should act on it.

[Myopia 93]

not true.

Ice just follow the court order. ICE don't approve or deny the case. its EOIR where USCIS will be represented by attorney and Alien can either go pro se or hire and attorney. ICE only can detain the person if he/she is on flight risk. Hold then till Judge render his decision and then only they do the required steps to remove alien. Of course there will be removal officer assign when alien is detained. He will work side by side to aquire the travel document and permission from the country of origin so he can do his job to remove alien when time comes.

What is not true? I didn't say ICE could approve a case. I said the ICE attorney could ask the IJ to dismiss the case. Did you bother to read the memo that I was alluding to. Heres the actual ICE memo for you.

Ice Memo