I-485 Adjustment of Status Denied (After approved I-130) - So confused...Please Help!!!

[kmort 0]

Hello everyone - this is my first time here and so far I have been reading a few post. (sorry in advance for the long post - my case has been too complicated)

My case has been very complicated. I am 27 yrs old married my husband (USC) 4 1/2 yrs ago. Filed I-130 and I-485 AOS in December 2011. My I-130 petition was approved in Feb 2012. Soon after I received my "Employment Authorization Card". Within a few weeks I also received notice that my I-485 was DENIED!

The notice denying my Adjustment of Status reads "The record indicates that you were admitted to the US as a conditional resident on 2/21/95. On 2/14/97 your mother, filed a joint form I-751, Petition to Remove Conditions on Residence. in accordance with the provisions of section 216©of the immigration and nationality act. In accordance with federal regulations, you were included in the petition as a dependent child. That petition was denied in 4/9/04, for reasons set forth in the notice of decissions issued to your mother. In spite of this, the record fails to show a final administrative order of deportation"

I have prove a document from immigration for my mothers case that reads "Termination of Conditional Resident Status". Dated 3/18/2004.

Just to give you a little background on what the notice is referring to - I came to the US as a conditional resident (mother married USC stepdad and petitioned for my sibblings and I). Mother and stepfather separated and mother failed to appear initial interview. My mother now has obtained her Green Card through my sister who is a USC. (and one of my sibblings married his wife a few yrs ago and got immediate approval and received his Green Card within 6 months of marriage)... However, I am now facing with this dilema which my sibbling did not encounter of having my adjustment of status denied.

I filed the "Motion to Reopen/Reconsider" form with $630 fee with my attorney. However, he did not give me much hope. I consulted 3-5 attorneys and they all say that the immigration officer who processed my petitions was probably a moron who did not quite understand that I am filing for a complete new case through marriage to a USC.

Today I received a receipt of payment from the USCIS stating they cashed my money order of $630 for the Motion filed. Has anyone gone through this? I am so stressed out seeking legal advise from someone with experience in cases like these. One of the attorneys mentioned that there is a statute that states that someone can only be given AOS if the original petitioner is the one who files/approved.

Please help!

Thanks in advance!!!!

[perez525 8]

I'm not sure if I'm reading this right, but does it say that 04/2004 the petition was denied and you wered to be deported? I've never went through this but my aunt had a similar problem where my mom failed to take her to an interview, and after 10 years she finally received her green card and she is here legally... but she was a minor when she went to PR...they had a lawyer help them with this process. I really don't know what to say....but the "motion to reconsider" will not be so much help because it has been YEARS since the petition was denied and between the date you got married to your husband. not much of a help, but hope everything works out, good luck!

[Deputy Purple 1,294]

I really don't know what to say....but the "motion to reconsider" will not be so much help because it has been YEARS since the petition was denied and between the date you got married to your husband. not much of a help, but hope everything works out, good luck!

I don't think the OP requested to have the old case from 2004 reconsidered but rather her new filing.

If the OP entered the US legally but has been living here out of status for 8 years then unless there was fraud involved in the previous case I don't see how it would prevent the current AOS.