i 485

[ramanashu]

i came on visitor visa and am out of status since 1999 got married in 2010 feb ,my husb is greencard holder and can qualify in 2014 to apply for citizenship we have a baby .he applied for adj of status got ead ssn and 1-512on ead card got call for initial interview for adj of status. when we went for interview we were told that my case will denied no questions were asked nor any documents were checked .IO said that since my husb is gc only he cannot apply for me so i am going to be denied and then i asked will be able to work she said once i get the denial my ead will no longer will be valid .so i asked her that if i will be deported she said maybe yes .she said i can take help from community org or v visa so i can stay . 2 weeks later i get mail saying to appear at immi office reason for appt adj of status 1 485 and come with spouse and bring related docs as tax mtg photos marr cert etc

i am concerned what will happen?

[Belle]

Do you have a lawyer? It is high time you get one. You have lived illegally in the US for over 10 years, and you won't be able to get a green card based on your spouse's green card. Did you even read the I-485 application? It is actually spelled out there very explicitly. Also, no qualified lawyer would ever suggest that you apply for AOS before your spouse is a citizen.

If you are deported, you will be banned from entering the country for 10 years. Your only hope is getting a waiver, and it will be very hard to get (in fact, next to impossible, unless your citizen child has some sort of horrible health condition).

[pontevecchio]

Talk to a Lawyer ASAP.

[Alexandre]

Hi ramanashu

If you was here since 1999 did you have a chance to apply on I 245I?

If you filed a labor certificate before 30th of April of 2001 and if you prove you was here on dec 2000 you can adjust of status based on 245I.

But any way hire a good attorney

[Belle]

I doubt that a person so completely unaware of how immigration works or even how to use periods and capital letters in a sentence would have the foresight to file an LC under 245i.