Extremely depressed, please help

[somesome007 0]

Hello, everyone,

I am extremely depressed right now and I need some seriously advice. Our I-485 case was denied and they want my wife to go back to her country ASAP. Here are our situation:

We filed our green card application at the mid of Dec 2016 and I submitted the application around the mid of Jan. We did not file for advanced parole (We never heard about this when we file) and she left the country around the mid of Dec. She came back around the end of Jan and they still let her enter the country (I guess our application date is really close to her entrance date, that why they let her in?). Since she left without the advanced parole, our I-485 is denied and she automatelly abandoned her student visa too. Does her entrance in US is unlawful because her F-1 visa is automatelly abandoned when we apply the green card? (I mean the they still let her in at the first place and we had no idea about the advance parole thing back then). I am truly shocked by the fact that I applied the green card for her with the intention to let her stay here with me and form a family. Now they are saying her present in US is contradictory to the law and she needs to leave the country without even finishing her school. I mean she only has one more semester left to finish her master program. I don't know what to say to her parents because I am the one promised everything will go smoothly. Is there any way that she can still stay here to finish her school? I don't care if they let her re-apply for a green card any more. I can give up my US citizenship and go to her country with her in the future. As long as she can finish her school.

[Coco8 1,042]

I'm sorry that happened to you. But everyone knows that you don't have to leave the country until you get all your paperwork. You should have done your research. 

 

She should contact her school and they might be able to help her get another F-1. I don't know if that would work out (since she just did a green card application) but the people in charge of visas at the university might know how to proceed.  

 

If you already got married the only way to go forward is to do the CR1 visa. It takes a year. 

 

 

 

[Lemonslice 4,886]

Please list which forms you filed exactly (i-485 only?).

 

You should be able to refile, but your wife might have to take a semester off school and stay in the USA until she receives her Advance parole/employment authorization or green card.

Edited May 30, 2017 by Lemonslice

[somesome007 0]

Quote

 

We filed for every application forms except for the advanced parole and  work authorization forms. I-130 and I-485, g-325a and so on.  We interview at the local immigration office around May. The interviewer told us other forms looks good and our marriage looks legit, they even approved the I-130. What they told us is to re apply the I-485 again and including advanced parole if she wants to travel again. But the denial letter says her presents is contradictory to the law and need to leave the country ASAP. I mean how can we re apply the I-485 if they want her to leave. I don't get it. 

[geowrian 22,337]

She's in the US right now,. right? Then you can just refile AOS (with AP and EAD this time). The NOA1 will act as proof of authorized stay.

 

Honestly, she got very lucky that 1) her visa was not revoked yet, and 2) she didn't get caught with immigrant intent. It is visa fraud to enter the US on a non-immigrant visa with the intent to stay file for AOS during that stay.

 

Just now, somesome007 said:

We filed for every application forms except for the advanced parole and  work authorization forms. I-130 and I-485, g-325a and so on.  We interview at the local immigration office around May. The interviewer told us other forms looks good and our marriage looks legit, they even approved the I-130. What they told us is to re apply the I-485 again and including advanced parole if she wants to travel again. But the denial letter says her presents is contradictory to the law and need to leave the country ASAP. I mean how can we re apply the I-485 if they want her to leave. I don't get it. 

That's standard language for anybody in the US without status. She is currently out of status and deportable. Once she files for AOS again, she will have authorized stay.

[Suss&Camm 2,213]

5 minutes ago, somesome007 said:

We filed for every application forms except for the advanced parole and  work authorization forms. I-130 and I-485, g-325a and so on.  We interview at the local immigration office around May. The interviewer told us other forms looks good and our marriage looks legit, they even approved the I-130. What they told us is to re apply the I-485 again and including advanced parole if she wants to travel again. But the denial letter says her presents is contradictory to the law and need to leave the country ASAP. I mean how can we re apply the I-485 if they want her to leave. I don't get it. 

As soon as you have refiled she will be in a temporary authorized stay until the i485 is adjudicated. It says that she is not lawfully present because at the moment she is out of status. Refile asap and contact the school. Some schools will let you attend with an authorized stay and some will not. 

Edited May 30, 2017 by Suss&Camm

[Auds 223]

Am so glad yoy have found dome fantastic help and guidance here.

[azblk 338]

12 hours ago, somesome007 said:

We filed for every application forms except for the advanced parole and  work authorization forms. I-130 and I-485, g-325a and so on.  We interview at the local immigration office around May. The interviewer told us other forms looks good and our marriage looks legit, they even approved the I-130. What they told us is to re apply the I-485 again and including advanced parole if she wants to travel again. But the denial letter says her presents is contradictory to the law and need to leave the country ASAP. I mean how can we re apply the I-485 if they want her to leave. I don't get it. 

Dont Panic. Just refile i-485 (and advance parole/work authorization - if needed).

[Starkilla09 366]

Don't lose sleep you'll be fine. The request to leave the U.S. is standard language for anyone without status in the U.S. especially when a petition is denied. It doesn't mean you should cut all loses pack bags and leave immediately WHEN you have options such as appeals or re filing a petition again. In your case you just need to refile the I-485, EAD/AP again and pay fees all over. Use the copy of approval notice for I-130 to file a new I-485. Once new I-485 petition is received by USCIS, your wife will be on authorized stay again until it is adjudicated once more. She should be able to still attend school and finish her semester. Your wife dodged a bullet at CBP when she entered again with her student visa without advance parole and a pending adjustment of status petition. Standard CBP protocol would've been to cancel her F-1 visa and deny her entry because of the immigrant intent.

Edited May 30, 2017 by Starkilla09

[KIRKUVAN L 75]

18 hours ago, somesome007 said:

Hello, everyone,

I am extremely depressed right now and I need some seriously advice. Our I-485 case was denied and they want my wife to go back to her country ASAP. Here are our situation:

We filed our green card application at the mid of Dec 2016 and I submitted the application around the mid of Jan. We did not file for advanced parole (We never heard about this when we file) and she left the country around the mid of Dec. She came back around the end of Jan and they still let her enter the country (I guess our application date is really close to her entrance date, that why they let her in?). Since she left without the advanced parole, our I-485 is denied and she automatelly abandoned her student visa too. Does her entrance in US is unlawful because her F-1 visa is automatelly abandoned when we apply the green card? (I mean the they still let her in at the first place and we had no idea about the advance parole thing back then). I am truly shocked by the fact that I applied the green card for her with the intention to let her stay here with me and form a family. Now they are saying her present in US is contradictory to the law and she needs to leave the country without even finishing her school. I mean she only has one more semester left to finish her master program. I don't know what to say to her parents because I am the one promised everything will go smoothly. Is there any way that she can still stay here to finish her school? I don't care if they let her re-apply for a green card any more. I can give up my US citizenship and go to her country with her in the future. As long as she can finish her school.

Hello mate! I know it is a difficult situation but don't give up!

Personally I think you need to hire a lawyer, immigration processes can be kinda confusing and it'd be great if you hear a professional opinion.

In my personal experience our lawyer started a AOS process (I-130, I-765 and the I-F485).  I believe our case isn't that different from yours except that I haven't being notified to leave. That is why you need a professional opinion.

Just don't give up, I know how hard it is but there is a way. hang in there!

P.S Probably your wife is out of status so y'all need to be a little bit careful!

The best of the lucks!

[somesome007 0]

Hello, everyone, thank you for your advice. we hired an lawyer and she suggests the same, just reapply for the I-485. But she also mentioned the visa fraud. She said it is unlikely we will be charged with Visa fraud but she will have to talk to firm's partner and do more research on. It seems that our situation is becoming more seriously. I have no idea leaving the country while applying for the green card will have so many bad consequences. Based on your experience, do you know the likelihood that we will be charge for visa fraud?

[geowrian 22,337]

22 minutes ago, somesome007 said:

Hello, everyone, thank you for your advice. we hired an lawyer and she suggests the same, just reapply for the I-485. But she also mentioned the visa fraud. She said it is unlikely we will be charged with Visa fraud but she will have to talk to firm's partner and do more research on. It seems that our situation is becoming more seriously. I have no idea leaving the country while applying for the green card will have so many bad consequences. Based on your experience, do you know the likelihood that we will be charge for visa fraud?

You should be fine. Since you went through POE and were honest, there's no issue of intent coming back to haunt you.

 

The only potential issue is if the visa was actually revoked but they didn't recognize it at POE. Then I think that's where a lawyer may become needed. That said, I don't think that was actually the case here...a revoked visa should be recognized immediately nowadays. I'll defer to others if they have more info here, but I don't think it's a realistic concern.

[azblk 338]

49 minutes ago, somesome007 said:

Hello, everyone, thank you for your advice. we hired an lawyer and she suggests the same, just reapply for the I-485. But she also mentioned the visa fraud. She said it is unlikely we will be charged with Visa fraud but she will have to talk to firm's partner and do more research on. It seems that our situation is becoming more seriously. I have no idea leaving the country while applying for the green card will have so many bad consequences. Based on your experience, do you know the likelihood that we will be charge for visa fraud?

No you will be fine like previous poster said. Lawyer is being alarmist. She was denied because she abandoned her application by leaving  the country without advance parole, that's all there is to it. The solution is send another i-485 and include EAD and AP this time if she wants to travel.

They let her in at POE with an already existing visa so there is NO possibility of visa fraud. Also you said at one point that you wife was on F1 visa - if her i-94 was stamped D/S it means she status in status as long as she abides by the terms of her visa with is go to school full time and not work off campus without authorization, applying for AOS does not invalidate your F1 visa.

Edited June 1, 2017 by azblk

[lone_star_state 1]

Sorry about your case, please keep us updated.

[somesome007 0]

Hello, everyone.

First of all, thank you so much for your advice. More update from me. We had an brief communication with the lawyer after she talked to her managing partner. 

1. Apply for green card does not abandon your F-1 visa status as long as you fulfill your visa requirement by going into school full time (which my wife did). Leaving the country while applying the green card without advanced parole will automatically abandon I-485, not I-130 and not F-1 visa. As long as my wife was honest at the border and they let her in, there is no reason for the visa fraud thing to happen. Besides, immigration office tends to be less strict with U.S citizen's direct relative. She said we can confirm with the school for her visa status if we feel necessary.
2. While the denial letter says my wife was out of status when we submitted the application. The lawyers believe that was a mistake made by the immigration officer. My wife was on her student Visa at the time we apply and there is no reason to believe her visa was cancelled as explained above.
3.While the lawyer cannot make decision on whether our case will be approved. They believe our case is straight forward and approve-able. We may have another interview or we may not. Just like every body said (including the immigration officer) We just need to re-apply for the I-485, but she suggests to not apply for the advance parole and do not leave the country until green card is approved. We are considering to hire them to do all the necessary paper works this time as I do not believe myself anymore.
4. What do you guys think about lawyer's opinion? Does it make sense? Should we proceed and hire them as the lawyer to do all the paper works for us?