Questions about I-485 filing

[itsedeeen]

Hey everyone, so I have some questions regarding filing my I-485.

1.) I am a Deferred Action of Childhood Arrivals recipient since 02/2013 and have a work permit, both expiring in 02/2015. I have since gotten married and was advised my attorney to leave on Advance Paroled and come back to change my status from EWI to entering legally in 11/2013, and I was paroled through Calexico, CA 11/12/2013. Two weeks after being paroled we filed I-130 which was approved on 06/2014 with the phrasing: "The above petition has been approved. The petition indicates that the person for whom you are petitioning is in the US and will apply for adjustment of status. The evidence indicates that he or she is not eligible ... based on information submitted." Our lawyer didn't submit my I-94 nor wrote my I-94 # in the I-130 packet and therefore that's why we somehow feel that they had no knowledge of me entering legally. Our lawyer said that we should go ahead and file the I-485 and see what happens because the phrase written on the approval is standard USCIS writing. Our approved packet was then sent to NVS (National Visa Center) and we have since decided to go ahead and file without our lawyer because his fees are quite pricey (4,500) to file and yet he said it could not be approved and that we would then file for I-601A, "waiver of unlawful entry". So we decided to go ahead on our own and since I have gathered almost everything and filled out the I-485. However, I do not know what to write down in Part 1, "Current USCIS Status".
That's where I need your help, based on the information provided above, what exactly should I write down as USCIS status?

2.) Also, would my husband have to complete the affidavit of support I-864 to show financial stability?

I would love some help! Thanks in advance everyone.

[rayb]

Otsesdeeem,

Your statement "...and that we would then file for a pardon..." struck me as very odd. Were these the exact words of your attorney? There is no such thing in U.S. immigration regulations as a "pardon." A denial can be challenged in various ways in Immigration Court, and one might possibly obtain an approval of Permanent Resident status, but this cannot be guaranteed. But the term "pardon" implies "forgiveness" by an authority, and this is not something obtainable except for criminal convictions, from a State Court or governor or President.

From what you have written below, your last entry status was "parole," and this is not a basis for future eligibility to adjust status, such as a visa entry might be.

Did you marry a U.S. citizen?

--Ray B

Hey everyone, so I have some questions regarding filing my I-485.

1.) I am a Deferred Action of Childhood Arrivals recipient since 02/2013 and have a work permit, both expiring in 02/2015. I have since gotten married and was advised my attorney to leave on Advance Paroled and come back to change my status from EWI to entering legally in 11/2013, and I was paroled through Calexico, CA 11/12/2013. Two weeks after being paroled we filed I-130 which was approved on 06/2014 with the phrasing: "The above petition has been approved. The petition indicates that the person for whom you are petitioning is in the US and will apply for adjustment of status. The evidence indicates that he or she is not eligible ... based on information submitted." Our lawyer didn't submit my I-94 nor wrote my I-94 # in the I-130 packet and therefore that's why we somehow feel that they had no knowledge of me entering legally. Our lawyer said that we should go ahead and file the I-485 and see what happens because the phrase written on the approval is standard USCIS writing. Our approved packet was then sent to NVS (National Visa Center) and we have since decided to go ahead and file without our lawyer because his fees are quite pricey (4,500) to file and yet he said it could not be approved and that we would then file for a pardon. So we decided to go ahead on our own and since I have gathered almost everything and filled out the I-485. However, I do not know what to write down in Part 1, "Current USCIS Status".
That's where I need your help, based on the information provided above, what exactly should I write down as USCIS status?

2.) Also, would my husband have to complete the affidavit of support I-864 to show financial stability?

I would love some help! Thanks in advance everyone.

[itsedeeen]

Otsesdeeem,

Your statement "...and that we would then file for a pardon..." struck me as very odd. Were these the exact words of your attorney? There is no such thing in U.S. immigration regulations as a "pardon." A denial can be challenged in various ways in Immigration Court, and one might possibly obtain an approval of Permanent Resident status, but this cannot be guaranteed. But the term "pardon" implies "forgiveness" by an authority, and this is not something obtainable except for criminal convictions, from a State Court or governor or President.

From what you have written below, your last entry status was "parole," and this is not a basis for future eligibility to adjust status, such as a visa entry might be.

Did you marry a U.S. citizen?

--Ray B

Maybe pardon was the wrong word, filing I-601A, waiving unlawful presence status. So you think my status would be paroled? I read that i can just write "I-130 approved".

[rayb]

I don't know what your status is for certain, probably "parole." Putting "I-130 approved" doesn't gain you anything, as anyone can get an I-130 approved, but that doesn't mean status can be obtained as the result.

Is your husband a "U.S. citizen?" That could provide you with a legal status to apply for Adjustment. Without that basis, you're still on "parole" status.

--Ray B

Maybe pardon was the wrong word, filing I-601A, waiving unlawful presence status. So you think my status would be paroled? I read that i can just write "I-130 approved".

[rayb]

The I-94 entry record might, as a stretch, serve as proof of "legal entry" to the U.S., a requirement for Adjustment of Status while remaining in the U.S. If included with your I-485 submittal, that might serve as a "legal basis of entry" and allowed your processing to proceed.

Since you are married to a U.S. citizen, you do, at least have a legal basis for "immediate priority," rather than a quota wait, as is the case when petitioners are Green Card holders.

But your attorney suggesting that a followup process to overcome a denial could result in getting your status fixed (or "pardon," as you paraphrased), sounds to me like a prelude to more attorney fees.

If you intend to proceed with the Adjustment of Status package (requiring $1,070 USCIS fee, immigrant medical exam, I-765 form, I-131 form and supporting documents), I don't believe that your "Deferred Entry" procedure will be of much use in obtaining Permanent Resident sstatus, but will keep you form having removal or deportation action initiated.

Needless to say, however, if you end up with any immigration-related hearings (other than a standard Biometrics and later Adjustment interview), you should have a legal representative with you at such hearings.

--Ray B

Yes, he is a US Citizen.

[itsedeeen]

If you intend to proceed with the Adjustment of Status package (requiring $1,070 USCIS fee, immigrant medical exam, I-765 form, I-131 form and supporting documents)
--Ray B

I don't have to send the I-131 do I? I've already been paroled into the United States and and am not really thinking of leaving the country and I was told I would not have to by my lawyer.

[rayb]

You're paying for the I-131 as part of the $1,070 package. The one-year protection it allows you is worth the hassle of spending 10 minutes to complete the form.

--Ray B

I don't have to send the I-131 do I? I've already been paroled into the United States and and am not really thinking of leaving the country and I was told I would not have to by my lawyer.