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 I485 Denied
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Posted on 10-24-18 11:44 AM     Reply [Subscribe]
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Hello everyone,

My I485 based from my wife was denied. I am on TPS. i think the main reason for my denial is, i was out of status for more than 90days before i got TPS.
Now, the question
1. can i go back to F1 status and wait till its concurrent or my wife gets a citizenship.
2. Can i apple for advance payrol from TPS and go to canada and renew my I94 and wait.

Had so much hopeful that i will have green card but may be my luck is not in my favor. However, i am optimistic and hoping for best.

thanks for suggestions.


 
Posted on 10-24-18 11:52 AM     [Snapshot: 5]     Reply [Subscribe]
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My advice to you.
You are asking very crucial question. I request you to do proofread your content before you submit. You are college graduate. You can write excellent English.

Just an advice, nothing more. Good Luck buddy.
 
Posted on 10-24-18 11:55 AM     [Snapshot: 36]     Reply [Subscribe]
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I suggest you contact a lawyer and go from there. Getting advice from Sajha on this crucial moment is not a very good idea.

On other note, lawyers have told me that if you are out of status for 180 days then complication arises, you said you have been out for more than 90 but if it less than 180, get a lawyer file for open to reopen case blah blah.
 
Posted on 10-24-18 12:26 PM     [Snapshot: 98]     Reply [Subscribe]
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Don’t they give reason for this denial?
 
Posted on 10-24-18 12:32 PM     [Snapshot: 99]     Reply [Subscribe]
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Seems like your wife is not US citizen, in that case yes, your I-485 was rightly denied. Illegal stay is forgiven only on USC spouse case not for LPR's spouse. If your wife is not an USC, it will be a waste of time trying reopening the case, off course you are free to approach a lawyer for authentic info.

Now going back to F1 status from TPS, you may but since you have already shown immigrant intent, CBP may give you hard time during US entry, my suggestion is try to file change of status (form i-539) from within US. https://www.uscis.gov/i-539

If you leave US, you may have difficulty entering back due to your previous immigrant intent, trust me it happened before and people were denied entry from POE. Do your own research and do not depend on incompetent lawyers.
 
Posted on 10-24-18 1:00 PM     [Snapshot: 155]     Reply [Subscribe]
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Did you have an interview?
 
Posted on 10-24-18 1:16 PM     [Snapshot: 176]     Reply [Subscribe]
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Did you hire a lawyer before applying for I-485? It is possible to adjust your status even if your spouse is a permanent resident. But to adjust your status, you have to travel outside US. Hence, I would say go with Option #2. Apply for AP, go to Canada and renew your I-94. Only then, you will be eligible to adjust your status. But first, GET A LAWYER!!

 
Posted on 10-24-18 1:25 PM     [Snapshot: 209]     Reply [Subscribe]
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@dhoti_prasad if you are denied because you were out of status for more than 180 days. You have to file I-601A, some waiver form. You have to do counselor processing. If you think you were out of status for less than 180 days.. you should be able to adjust from here in states. Again, going through AP is too risky. I am not a lawyer, I wud say consult a lawyer, you dun have to pay until you start the process. Good luck
 
Posted on 10-24-18 1:34 PM     [Snapshot: 221]     Reply [Subscribe]
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@Dhoti prasad -- khoi apna 401k ma focus kiya nahi? aruko grammar mae focus garera stock kae value kaisae bird6?

http://sajha.com/sajha/html/index.cfm?threadid=127495

fokas fokas....yown own sheet
 
Posted on 11-08-18 10:38 AM     [Snapshot: 2037]     Reply [Subscribe]
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Hi I am in the same boat with asylum pending. do you guys know any lawyer that can help in consular processing through third country?
 
Posted on 11-08-18 11:40 AM     [Snapshot: 2124]     Reply [Subscribe]
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I would recommend hiring a lawyer. Back in 2016 DHS Expanded Eligibility for Provisional Waiver for spouse of LPR as well. So I would recommend contacting immigration lawyer to see if it applies.
Here are few reference materials that you can use.

https://www.uscis.gov/sites/default/files/USCIS/Laws/FedReg/Draft_I-601A_Unlawful_Presence_Expansion_NPRM_Clean_071415.pdf

https://cliniclegal.org/resources/dhs-expands-eligibility-provisional-waiver
 


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