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I-485 Denied for Wife - what are the options?

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  • I-485 Denied for Wife - what are the options?

    Hello Everyone,

    I filed my green card through my employer and received it a few year back. After 5 years, recently I have applied for citizenship. I got my naturalization. As I have not gotten my wife's, I went to USCIS office to make an inquiry. Then I got a letter in 2 weeks that her I-485 is denied.
    Now what is my option? Should I file Motion to reopen or file a new one as dependent on my citizenship?

    Any help is appreciated - also any recommendation for immigration attorney in Bay area - California.

  • #2
    You didn't mentioned reason for denial. Did you applied together in employment category where she is a dependent (Derivative adjustment of status).
    When did you applied (She was on H4 all the time?)

    Please mentioned the reason and some other details to suggest.
    thanks,

    Comment


    • #3
      More information .

      Zoom. Please find more information about my case.

      I was in H1 and my wife was in H4 when we applied the green card. We applied through our employer.

      Husband: Priority Date - April 7, 2004
      Husband: I-485 - Nov 26, 2004 (Receipt date), Jul 16, 2007 (Approved)
      Husband: Citizenship/Naturalization - July 9, 2013

      Wife: I-485 - Nov 26, 2004 (Receipt date)
      Wife: Denial Letter - July 9, 2013

      Here is the denial letter contents:
      ---------------------------------
      A review of your file indicates that you filed I-485. to seel adjustment of status as derivative of your spouse.
      A derivative applicant must continue to meet the definition of a spouse or child at time USCIS adjudicates Form I-485. If a derivative for adjustment of status no
      longer meets the spouse or child, the derivative spouse or child may not adjust to that of a lawful permanent resident.

      A review of your file indicates that the principle application naturalized on July 09, 2013. Therefore you no longer meet the definition of a spouse of a priniciple
      applicant , and you no longer eligible to adjust your status to that of a lawdul permanent resident. As such, Form I-485 must be denied.

      Questions:
      ------------
      1) Now that I am a citizen - should I apply a new family based green card process - from the beginning?
      2) Motion to Reopen is a good idea?
      3) What is the legal status for my wife? She is currently using advance parole/ EAD based on this denied I-485.

      Comment


      • #4
        Any immigration Attorney recommendations in san francisco bay area?

        Please let me know of any recommendations for a immigration lawyer in SFO bay area.

        Thanks in advance.

        Comment

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