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  • I-485 denied!

    Im going to make a second attempt to post, the first time I tried it didn't post properly so here we go.

    I entered the US on 2004 at the age of 8, ILLEGALLY with no inspection. I obtained TPS through the Haitian earthquake and kept the status ever since. I met my husband and got married on December 20, 2017. An attorney told me that I was able to leave with Advanced parol and reenter the country to get inspected. I went to Haiti and then proceed to apply for I-485, I-130, I-131, I-864 and I-765. I got an I-94 and DA inspection while coming back to the US. I recently just came back from my interview today and was told that my I-130 will be approved but sadly my I-485 was denied. At this point i'm not sure what to do and what my options are. Im certainly afraid to return back to Haiti on a 10 year ban, if anyone have any Idea as to what I can do. I haven't received any letter in the mail yet with a denial since my interview was today. I do plan on getting a lawyer, In the meantime to calm my nerves I would like to know If I even have options or will I just be deported.

  • #2
    I think you need to wait for the letter to really know what is the reason and what you can do. Sorry this happened to you. Good luck.
    Nov 2018 - Package sent - EB - Texas Service Center
    Day 1 - Package received at the lockbox
    Day 12/34 - Case and Fingerprint Fee Received / Biometrics appointment
    Day 112 - EAD delivered
    Day 195 - Letter for missing I-693
    Day 3xx - no news

    Comment


    • #3
      Your description indicates that you should be eligible for AOS, so we will first need to know the reason for denial before we can determine whether the denial was correct or not.

      This is my personal opinion and is not to be construed as legal advice.

      Comment


      • #4
        Originally posted by newacct View Post
        Your description indicates that you should be eligible for AOS, so we will first need to know the reason for denial before we can determine whether the denial was correct or not.
        No, the officer told me that the laws changed and I would have to adjust status outside of the US. The Advanced Parole they were approving cases like that but they stopped.

        Comment


        • #5
          Originally posted by Coicout View Post

          No, the officer told me that the laws changed and I would have to adjust status outside of the US. The Advanced Parole they were approving cases like that but they stopped.
          Nope. The laws have not changed. Your husband is a US citizen, right? You filed AOS after you returned from your trip, right? I am pretty familiar with the current laws on Adjustment of Status, and based on what you described, you are definitely eligible for Adjustment of Status. So unless there is something you have not told us (e.g. multiple illegal entries, deportation, etc.), the officer was wrong. Maybe he will go back and look at it again after the interview and will realize that you are eligible. Did you get any official notice or did the case status change to saying that you were denied? If not, I would not consider you denied. If you do actually officially get denied, they made a mistake, and you should consider filing a Motion to Reconsider.
          Last edited by newacct; 05-24-2019, 01:19 AM.

          This is my personal opinion and is not to be construed as legal advice.

          Comment


          • #6
            You need a lawyer to lay things out properly. Typically adjusting status from TPS was possible only for applicants living within the jurisdiction of the Sixth and Ninth Circuits.

            https://cliniclegal.org/resources/gu...ninth-circuits

            To be able to adjust status from TPS you should be able to show that they have never worked without authorization and have continuously maintained lawful immigration status. I don’t think you can prove that, so your only recourse is if you live within the jurisdiction of the Sixth and Ninth Circuits.

            Whats happening is the immigration officer is not regarding your admission on your return from Haiti as satisfying the inspection and admission requirement for purposes of adjustment of status under INA § 245(a).

            Get a lawyer. You might have to undergo consular processing if he cannot argue your case.

            Comment


            • #7
              Paulthesheik I may be wrong, but after reading the link, I think the difference is that Coicout traveled with TPS AP, entered the USA legally with inspection and then filed for AOS. If the husband is USC then the officer is wrong, here is the important part on that link:
              Is there anything that can be done for TPS clients who live outside the jurisdiction of the Sixth and Ninth Circuits?
              TPS recipients are eligible to apply for advance parole to travel abroad, and upon their return they are “paroled” into the United States. Because 245(a) eligibility can be based on entry with admission or parole, a TPS recipient who returns to the United States after travel on advance parole may qualify to adjust status. Keep in mind that the same limitations on 245(a) eligibility as noted above apply – unless the adjustment applicant is an immediate relative, admission or parole is not enough – the applicant will still be ineligible for 245(a) adjustment if she or he was ever in the United States unlawfully or worked without authorization.
              So for me, it looks like if the husband is USC and applied for AOS after enter the USA with advance parole, no matter where they are living, any unlawful stay and work is forgiven.

              So I think the information from the link you posted agrees with newacct post.
              Nov 2018 - Package sent - EB - Texas Service Center
              Day 1 - Package received at the lockbox
              Day 12/34 - Case and Fingerprint Fee Received / Biometrics appointment
              Day 112 - EAD delivered
              Day 195 - Letter for missing I-693
              Day 3xx - no news

              Comment


              • #8
                Originally posted by MrGreenCard
                Since you departed from and returned to the USA on advance parole,and your I 485 has been denied, USCIS doesn’t have jurisdiction over your Adjustment of Status. You going to need an immigration judge to approve your i485 not uscis. You need to know which immigration court your case is being scheduled.

                Comment


                • #9
                  Originally posted by Enub4 View Post
                  Paulthesheik I may be wrong, but after reading the link, I think the difference is that Coicout traveled with TPS AP, entered the USA legally with inspection and then filed for AOS. If the husband is USC then the officer is wrong, here is the important part on that link:

                  .
                  That's why I wrote Whats happening is the immigration officer is not regarding your admission on your return from Haiti as satisfying the inspection and admission requirement for purposes of adjustment of status under INA § 245(a).

                  Comment


                  • #10
                    Originally posted by Paulthesheik View Post

                    That's why I wrote Whats happening is the immigration officer is not regarding your admission on your return from Haiti as satisfying the inspection and admission requirement for purposes of adjustment of status under INA § 245(a).
                    INA 245(a) says "inspected and admitted or paroled". The OP was inspected and paroled.

                    This is my personal opinion and is not to be construed as legal advice.

                    Comment


                    • #11
                      Originally posted by Paulthesheik View Post
                      You need a lawyer to lay things out properly. Typically adjusting status from TPS was possible only for applicants living within the jurisdiction of the Sixth and Ninth Circuits.

                      https://cliniclegal.org/resources/gu...ninth-circuits

                      To be able to adjust status from TPS you should be able to show that they have never worked without authorization and have continuously maintained lawful immigration status. I don’t think you can prove that, so your only recourse is if you live within the jurisdiction of the Sixth and Ninth Circuits.

                      Whats happening is the immigration officer is not regarding your admission on your return from Haiti as satisfying the inspection and admission requirement for purposes of adjustment of status under INA § 245(a).

                      Get a lawyer. You might have to undergo consular processing if he cannot argue your case.
                      Being in the 6th and 9th Circuit allows AOS from TPS for immediate relatives even if they don't have a legal entry. However, the OP has a legal entry, and can AOS as an immediate relative (regardless of whether they have TPS or not) anywhere in the country .

                      This is my personal opinion and is not to be construed as legal advice.

                      Comment


                      • #12
                        Originally posted by newacct View Post

                        INA 245(a) says "inspected and admitted or paroled". The OP was inspected and paroled.
                        You are not telling me anything new, I already know that. I am trying to find an explanation for why rightly or wrongly the immigration officer is denying an adjustment of status.

                        Comment


                        • #13
                          Originally posted by Paulthesheik View Post

                          You are not telling me anything new, I already know that. I am trying to find an explanation for why rightly or wrongly the immigration officer is denying an adjustment of status.
                          There are a lot of potential wrong reasons for denying it. The officer could have been unaware that the bar to AOS for having been out of status doesn't apply to immediate relatives. The officer could have thought they had a 10-year ban for accruing 1 year of unlawful presence and leaving, and unaware that Matter of Arrabally said leaving on AP doesn't trigger that (though she shouldn't have any unlawful presence since she got TPS before 18 and has had it until now). Or it could be something else.
                          Last edited by newacct; 05-24-2019, 08:40 PM.

                          This is my personal opinion and is not to be construed as legal advice.

                          Comment

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