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Immigration
Adjustment of Status - I-485
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I-140 filled for the second time and trouble with I-485
A friend of mine is in a very difficult situation.
On March 2018 he filed for I-140 under EB-2 NIW. Also filed for I-131, I-765 and I-485.
He came as F-1 student and quit the ESL school on Aug 2018 and traveled abroad to his home country.
One month later (Sep 2018) he came back to US and was admited with his advanced parole.
On Jan 2019 USCIS rejected his I-140.
After 43 days, on Mar 2019, he refiled everything (I-140, I-131, I-765 and I-465) again without lawful status, I guess (he quit the ESL school 7 months before).
On Mar 2020 his I-140 was approved.
On Jun 2020 he got an RFE for his I-485.
USCIS requested him all I-94 and I-20 from Jul 2016 (when he came and was admited into the US with his F-1 visa) until the date he refiled the whole thing again (Mar 2019).
My questions:
1) is he in trouble ? I mean: did he refiled all forms without lawful status ?
2) if he refiled all forms without a lawful status like I described above, will he be rejected on his I-485 petition ?
3) if he is in unlawful status, when the unlawful presence starts to count ? The day he quit the ESL school or the day his first petition was denied on Jan 2019 ?
4) his lawyer told him if USCIS rejects his I-485, he can get the GC after an interview in his home country consulate. Is this possible ?
5) his I-140 was approved 7 months ago. I know an approved I-140 does not expire but can an approved I-140 be revoked under the circunstances I described above ?
I really appreciate any inputs.
On March 2018 he filed for I-140 under EB-2 NIW. Also filed for I-131, I-765 and I-485.
He came as F-1 student and quit the ESL school on Aug 2018 and traveled abroad to his home country.
One month later (Sep 2018) he came back to US and was admited with his advanced parole.
On Jan 2019 USCIS rejected his I-140.
After 43 days, on Mar 2019, he refiled everything (I-140, I-131, I-765 and I-465) again without lawful status, I guess (he quit the ESL school 7 months before).
On Mar 2020 his I-140 was approved.
On Jun 2020 he got an RFE for his I-485.
USCIS requested him all I-94 and I-20 from Jul 2016 (when he came and was admited into the US with his F-1 visa) until the date he refiled the whole thing again (Mar 2019).
My questions:
1) is he in trouble ? I mean: did he refiled all forms without lawful status ?
2) if he refiled all forms without a lawful status like I described above, will he be rejected on his I-485 petition ?
3) if he is in unlawful status, when the unlawful presence starts to count ? The day he quit the ESL school or the day his first petition was denied on Jan 2019 ?
4) his lawyer told him if USCIS rejects his I-485, he can get the GC after an interview in his home country consulate. Is this possible ?
5) his I-140 was approved 7 months ago. I know an approved I-140 does not expire but can an approved I-140 be revoked under the circunstances I described above ?
I really appreciate any inputs.
All Replies (2)
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