Urgent: I-485 Denied after divorce and not in India what are my options


rgupta01

Recommended Posts

Hi, I am in a very tough situation. I came to US on H4 and my husband was on H1B. He has applied for GC in EB2 Category and added me as dependent on his I-485. We got our EAD and AP. We had a trouble marraige and my husband filed for uncontested divorce, while the divorce proceedings were on I came to India and the divorce got finalized while I was in India. Now I got a notification from USCIS about my I-485 Denial. I am planning to travel to India within next 15 days. I have following questions and appreciate a quick reply,

 

1) Can I travel back to US with EAD/AP while my I-485 is denied, I want to contest the decision.

2) Do anybody know on what grounds I can contest I-485 denial.

 

Please help me out I am in a very bad situation, All of my stuff is in US and I want to atleast come to US one time to collect my belongings.

Link to comment

As my friend says, this dog ain't gonna hunt. First, if you enter on AP while I-485 is denied, your entry would likely be considered illegal (and it's a big if whether you are going to be let into the country). Second, the only way you can reopen I-485 is if you have some other eligibility for a green card (your own I-140 or a relative petition), which you don't mention, and thus I assume is not an option. You should talk to a lawyer to understand your situation better.

Link to comment

Archived

This topic is now archived and is closed to further replies.