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highschool17

I-485 Denied!!! Urgent help need please!

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Ok, so I am a high school student that has been living in the United States since I was five and I really do not want to leave this country. I have various questions so please hang in there. Ok, so my family consists of my Dad and Mom and two sisters and me, yesterday, February 4th we got multiple letters that our I-485 was denied. We have been waiting forever it seems like since my parents filed in 2001. Yes! 2001. In 2002 however my dad lost his job from being a computer technician and he was without a job for 20 months and he desperately needed a job. He then got a job as a Spanish teacher and has been a teacher since then. This is why the I-485 was denied, because he doesn't work in the similar field and does not make the same amount of money. What can we do? My dad is seeing several attorneys and I am just trying to help. Another question that I have is that if my family leaves to Mexico because all was done but nothing worked are we banned from the USA for 10 years or something like that because I remember hearing something like that. I really want to stay in the USA because I want to finish high school and college here and I have been working very hard to go to a good college. 3.5 GPA and such and such. I don't want to go to some **** college in Mexico were I can barely speak and write spanish. Please Help ME!!!! I will provide more info if needed. Just ask.

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I don't think it is the best way to try to get answers from a web forum in your case. Immigratin is VERY complicated, and even minor details have huge impact on you situation. The kind of details you would never think make a difference and would not state here (and we probably would not know they make a difference). This is why you need a good lawyer. So far, you are speaking like a person with no clue about your family's situation, as you have not even specified your eligibility category, let alone what immigrant petitions were filed, on which dates, and what was denied and what was approved. I am also going to recommend that you talk to an attorney about your personal situation. If you are under 18, admissibility bars may not apply to you. This way, you may be able to obtain F1 visa to go to college. Don't rely on my words, though, go to a lawyer. If you can't afford a lawyer, ask for help from a law school at a local university. They somtimes take cases for their students to practice on.

You are not a child any more. You will probably have to educate yourself (and spend a lot of time reading legal stuff the internet and in the library) to get out of this situation. And remember, "in order to ask a question you must already know most of the answer" © Robert Sheckley.

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Hey Belle,

So here is my question, I have done a lot of research so far and like before my families i 485 was denied because my dad doesn't work in the same field that his labor certificate says. My dad got my mothers cousin to write I think an I 140 to petition for my dad since he (my mothers cousin) runs an ITT Computer business and that is what is on my dads labor certificate. Will getting this letter from this company work?

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Hey Belle, as I read the post above I see that nobody could help me. So I'm gonna try to make this clear. My family moved here in 1999 and my dad got the I-140 and I-485 filed with an ITT Tech company. On January 3rd 2002, he lost that job and was out of a job for 20 months and when he switched jobs he filed for AC21. When he switched jobs he switched from a computer technician to a school teacher. Since then we have been waiting for the green card and the I-485 was denied because he is working for a public school and not a computer company. However, my dad has found a job as a ITT Tech again and I was wondering if a letter saying that this company will hire him once he gets the I-485 approved will work and let us stay in the USA.

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Again, to make any determination need all petitions that were filed with all the details, filing dates, and outcomes (including RFEs and NOIDs).

Filing an AC21 from a computer technician to a Spanish teacher was a BAD idea. Did someone read the AC21 regulation before doing such a stupid thing? It also matters A LOT in which way the AC21 was filed. If it was a proactive request, it is one matter. If it was in response to an RFE or NOID, that's a TOTALLY different animal. Also, it is not clear if that I-140 was ever approved.

Overall, any time "cousin filed", that's right away a very bad situation. Generally, what works is having a bona fide employer filing for an employee. Anything else is generally fraud and misrepresentation. You are not sayng if your dad ever worked for the sponsoing company or even has qualification to work in that field. Honestly, I am a little afraid to ask what's in that LC/I-140 vs what's really on your dad's resume.

I understand you want to help your family, however, while doing it you may want to seriously consider backup options for yourself.

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Ok so to be honest, I don't know the details from years ago as I was like 8 but now I just talked to my dad and this is how him and our lawyer plan to fight this. We will file a Motion to Reopen with a letter from a Computer Technician that is willing to hire him. This letter is all "new" evidence I suppose. The only reason that the I-485 was denied was because he became a Spanish teacher. Will filing MTR with this letter help us get out of this sticky situation?

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I honestly can't guarantee if it will help. For AOS to be valid, one must have a job offer in a similar profession at any time the USCIS asks for proof. Since it is already established he did not have it at least on one occasion, the denial seems to be correct. Can the USCIS exercise discretion and reverse the denial? Maybe. Can they become suspicious of this new job offer and start digging? Maybe. Can they go back to the original I-140 and deny it based on some procedural thing? You betcha. As I mentioned, the case has 'misrepresentation' written all over it, and it is genenrally not a good sign. I have seen much stronger cases being denied. Good luck!

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Depends on the reason for removal proceedings. If the main reason was that I-485 was denied, then yes. If there is another reason (like not maintaining status of legal presence before filing I-485 in an 245i case), then most likely no. There are of course other reasons for removal.

Again, this case has all the indications for a bad outcome. I would be worried about your personal situation. At the very least, please check out colleges in Canada.

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Ok. Well, the reason for removal proceedings is having the I-485 denied, but if my family does have to leave the country I will probably finish up my senior year in high school in some American school down in Mexico and then come back here for college. It would just be a lot more preferable to stay here but if I have to go back down it wouldn't be that bad. We'll see what happens.

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Originally posted by highschool17:

Ok. Well, the reason for removal proceedings is having the I-485 denied, but if my family does have to leave the country I will probably finish up my senior year in high school in some American school down in Mexico and then come back here for college. It would just be a lot more preferable to stay here but if I have to go back down it wouldn't be that bad. We'll see what happens.

Do feel empathy for your situation.

All the info provided by Belle is the best that can be done by commoners.

Having a efficient attorney is important. Be proactive with your attorney. Question him about every aspect.

Keep an eye on the DREAM Act.

Its good that you ended your last note positively.

"Not being in US is not end of the world". Definitely this is the best place on earth, but, on can do well anywhere if one is ready to work hard enough, with some element of luck.

Goodluck.

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That's the attitude! Moving to a different country is definitely not the end of world. It is hard to adjust, but it will eventually make you stronger (just ask your parents). Stuff happens, and all we can do is just deal with it. There is a ton of colleges all over the world that you can potentially go to. Good luck!

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One more question Belle, when do the 3 year and 10 year bars start, the day you get your denial notice? And lets say if I do have to go to Mexico for 1 year, can I get a Visa to come back and study?

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NEW DEVELOPMENT: Ok, so my dad got this email on Feb 9th 2011 that says that our case has been transferred to the National Benefits Center. When I go to check on the online thing it says its now on the initial review. What is going on?

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1. 3 to 10 year bars start from the day you leave the country. They are bars on entry, so you won't be able to enter the US after a year.

2. Which case you are talking about? Need petition number.

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And for the bars, my question was when do they start counting the days that you are in the USA illegally. For instance, the denial was the 3rd of February, do they start counting the days on that day or what?

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Yes, they start counting from the denial, but only if the MTR is unsuccessful. In your personal case, you must be 18, I believe.

Electronic status is unreliable. The petition was denied. Until you get the decision that it was reopened, it is considered to be denied.

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Do not believe on 3 to 10 years bar

You won't be able to re entry in USA, based on real case of my family members.

They said that always but I do have a lot of friends / family they never get a chance to re entry on USA.

Some of than was 15 years old when they left and today they have 45 year old and always when go to get a visa like tourist visa, or business visa they denied.

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Obviously, if you stayed illegally for that long, your non-immigrant visa application will be denied. That's because they will always consider you as likely to overstay again.

However, if one has an immigrant application (aka green card), then it is a different matter. This one should be approved after the bar is done.

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Hey Belle,

So long time no talk. My dad filed MTR on February 24th and I have some more questions. First of all, do you know how long it usually takes to get a decision for the MTR? Also, if it gets denied, does the government take your home away? last question, if the MTR gets denied in the summer like in June, can my family go back to Mexico and then my dad can get a new labor certificate for teaching and then we can just come back and he can keep his job and finally get the green card. Is this situation possible?

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"First of all, do you know how long it usually takes to get a decision for the MTR?"

Easy ones take 2-3 months. More difficult ones may take a year. Not sure where yours would fall.

"Also, if it gets denied, does the government take your home away?"

NO, of course not! Your home is your property, and to own property you don't have to be legally in the country, in fact, you don't have to be in the country at all. Your immigration troubles don't impact your property rights in any way.

"can my family go back to Mexico and then my dad can get a new labor certificate for teaching and then we can just come back and he can keep his job and finally get the green card. Is this situation possible?"

Only if your family is not subject to admissibility bar, and that's a big question. You will need to check it with the attorney. You will not be subject to the bar for sure until your are 18, so my recommendation is to try to get on F1 visa before turning 18, if that is possible.

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Hey Belle,

Thanks for replying so quick :)!

Your help is much appreciated.

I have one question though, why do you say that my family might be subject to admissability times? We were here on visas up to 2001 when we applied for AOS and then our visas were terminated since we applied for AOS and we got the denial notice on Feb 3, 2011. Wouldnt the time for the bars start on that date?

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Was it in Q1 of 2001 when you applied? If you know a little about immigration hisotory, A LOT of people who were illegal or out of status applied in Q1 2001 because of 245i waiver.

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I think it might have been quarter 1, but I think it was more quarter 2. I know that we were not illegal and my family has never been illegal because at the time that we applied because I remember seeing my visa and it was supposed to end in 03 I think but it got terminated because we applied. Same goes for my whole family. Does that mean that question number 3 from a few days ago is still possible?

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