Advice Please - Received Denied I-131 with Approved I-130

[WSBLUE2014 0]

Hello Everyone,

I am the beneficiary and a US Citizen. I applied for the I-485 package (including I-131, I-765, I-864, I-693) on 4/11/2014 for my husband who is from Europe. We went to his biometrics appointment on 5/19/2014. As we are waiting for the docs to process, my husband had to travel back to his country for a short time. Today we received a letter stating the Travel Document-Advance Parole(I-131) was denied - due to him leaving the country. We are so afraid that ALL that we have applied for may be denied.

In addition, we applied for the I-130 on 12/4/2013 - which was just APPROVED on 5/4/2014 - via a letter!

Here are my questions:

1. Can you please give us advice on what we should do besides taking an appointment at our local USCIS office?

2. Will the I-485(Permanent resident app) and I-765(work authorization) be denied as well? Do we need to re-send the I-485 package?

3. Since the I-131- Advance Parole doc was denied, can the decision of our approved I-130 change from approved to denied?

4. Lastly, Is my husband allowed to remain in the US?

Thank you so very much in advance, your advice is greatly appreciated.

[milimelo 4,268]

First off, you are the PETITIONER and not a beneficiary.

Well I-130 won't be denied.

Looks like you wasted money on AOS package as he left without AP - that means all documents filed with AOS to include I-131, I-485 and I-765 are denied. If he is working, time to stop -EAD is no longer valid.

Be prepared to send in another set of AOS documents ($1070, I-693 medical paperwork) with NOA2 of I-130. And tell your husband to stay put until he has green card in hand! With this one, expect interview.

~Moving to AOS from tourist, student, work visa. ~

Edited July 6, 2014 by milimelo

[Anonymous885 44]

2. If he already left US before the decision of I-485, I-765, then he will get denied for those forms.

3. Simply No. The decision on I-131 will not affect on I-130.

4. He can stay in US while waiting on the decision on his applications. However, he should wait for AP or GC to travel outside of US next time ( If he decides to apply I-131, and I-485 again).

What type of visa did he come to US in the first time?

Edited July 6, 2014 by Anonymous885

[Hypnos 6,576]

As stated, you are the petitioner because you petitioned (filed an I-130) for your husband, who will benefit from the applications, making him the beneficiary.

Why on earth would he leave without AP? That automatically abandons the I-485, I-765, and I-131. The I-130 will continue, but doesn't accord him legal status in any way.

Where is your husband now? If in the US, when did he return, and how?

1) No point, they were correctly denied.

2) They will be denied, it's only a question of when.

3) No, they are unrelated.

4) As I said above, how did he return?

Edited July 6, 2014 by Hypnos

[lil2be 11]

I 130 is approved. So the fee for I130 is paid, am I correct?

Then you file again, you just pay I 485 fee plus medical examination. Because I 765 fee is waived when file together with I 485. Is that right?

Edited July 6, 2014 by lil2be

[RhettVoe 281]

the entire process will have to begin anew from OUTSIDE the US...

[belinda63 2,981]

Not the entire process, the I-130 is still approved. He will have to attend the embassy interview, medical etc.

[Mollie09 1,543]

Is the beneficiary IN the US now?

[WSBLUE2014 0]

Thank you everyone who replied - this really helps us understand a lot.

Answering all the questions above:

I apologize I am the Petitioner, you are correct.

Yes, I paid for the I-130 back in December and received a letter on May 5th that its approved.

My husband is now in the US now. He came to the US on an ESTA - Visa Waiver Program from France. He came back about 2 weeks ago, we were not aware his short trip to close lose ends would result in this

Follow-up questions:

1. Should we wait to be officially denied for the I-485 before re-applying for the packet again?

2. How can we speed this process up? We are expecting out first child in 1 month!

I sincerely Thank You so much for your advice.

[Hypnos 6,576]

1) It would be cleaner to officially withdraw the I-485 before filing a new one. It will also look better than it being denied.

2) You cannot. You've already caused yourself to go to the back of the line again (if you reapply). Reams of information regarding AoS are available online, and you should have availed yourself of it before filing the first time.

In addition, given the circumstances USCIS may believe your husband is using the VWP for the purpose of immigration (which he basically is, now for a second time) which is illegal. It should be noted that intent alone cannot be a reason for denial if it is the sole negative factor, but you should prepare for being grilled over the circumstances of his first VWP entry, first AoS, departure, second VWP entry, and second AoS (if you file it). You may even want to consult with an experienced immigration attorney (before filing anything this time).

If you want to play it ultra-safe then consider the immigrant visa route. With an approved I-130 already it would probably only be a handful of months until he interviewed overseas for it. Either way, make no rash decisions and do some research this time (or pay an attorney for them to do it for you).

Edited July 7, 2014 by Hypnos

[WSBLUE2014 0]

I just wanted to know if their are any other advices from anyone, please post.

I am thinking we will need a lawyer now, do you recommend I speak to to one in my area? Any recommendations in the Northern, NJ area are greatly appreciated.

Thank you.

[WSBLUE2014 0]

Update: We are seeing a lawyer on Friday to discuss this situation. Still praying the I-485 does not get denied

Hubby is afraid he cant stay in the US now. Praying for this to be all cleared up soon.

[Hypnos 6,576]

Your I-485 is not approvable. If by some miracle it was approved then this is an error, and would likely be reversed when USCIS discovered their mistake at some point in the future.

They've already figured things out though, because the I-131 has been denied. USCIS can see the manifest lists on entering and exiting flights, which is (presumably) how they discovered he left in the first place. It's only a matter of time before the I-485 is denied. I'm sorry, but that is set in stone by federal law.

[Harpa Timsah 13,258]

If he is in the US now then you can file a NEW I-485 package so he can stay. The old one is dead, you abandoned it officially by leaving.

I-130 should still be alive.

[WSBLUE2014 0]

If he is in the US now then you can file a NEW I-485 package so he can stay. The old one is dead, you abandoned it officially by leaving.

I-130 should still be alive.

Thank you so much to the last 2 posts - Harpa and Hypnos - means a lot to us.

Questions:

1. Do you know if he needs a new Visa stamp? He used his Italian passport when he just came back to the US and not his French one(birth place). If he leaves the country and comes back - will he have a problem to re-enter the US? He does have a ESTA so he is allowed to come for 3 months at a time. We are thinking he will need to do this to get the French passport stamp.

2. Do we need to wait to receive the denial of the I-485 before to re-apply? (I'm not sure how we can cancel it)

3. Do you recommend we do use a Lawyer? We did everything on our own and I meticulously submitted everything - all forms with proof, cover letters, pics, everything perfectly. Thinking we need a lawyer now but I don't want to waste the money.

With sincere thanks to you! This is helping us cope with our issue.