I795 denied need advise

[bilsown80]

I got my green through marriage ( march 2008 ).

At the time of my removal of condition i-795, i was not able to take my wife with me on the interview as we where going through divorce. In september 2010 it was denied.

In january 2013, i got married and as i was advise by the lawyer, i filed for the i-130 and i-485 again.

Upon my interview i was told by the officer that, in their records i am still a permanent resident and she is not able to approve my application. I was given two choices either i withdraw the application or she denies the application. I made a quick decision and withdraw my application.

Few days back i got a latter from uscis that my i-130 is approved and the information has being sent to nva.

Today i get a letter from uscis " acknowledgement of withdrawn from i-485 "

please advise wht should be my next step

thanks

[MaryH]

You didn't say, what was in your letter. Only the headings.

[bilsown80]

The letter tells that the my request for withdrawal is accept ... if you think that this is an error, I have 30 days to appeal ..

[rayb]

Bilsown,

Some of your information described below seems contradictory, so let me reiterate what I think has happened:

1. In 2010, your I-751, to "Remove Conditions," was denied, resulting in your loss of Permanent Resident status.
2. You continued to stay in the U.S. without Permanent Resident status.
3. You remarried in January 2013 and was advised by an attorney to submit I-130 and I-485 applications (which seems the correct step to take).
4. Now, two years after you remarried and after you submitted new petitions, your I-485 withdrawal has become official.

The missing pieces here suggest other things going on that you haven't mentioned:
1. Why are there such long periods of time between each of the events you have described? If your new wife is a Green Card holder and not a U.S. citizen, that might explain why it took so long for your I-485 interview most recently.
2. You say that the interviewer told you that you are still considered to be a Permanent Resident, so that you are advised to withdraw your I-485 or she will deny the I-485. This is where something is wrong, and I suspect that you have not paraphrased correctly what the interviewer told you.

If you had originally came to the U.S. on a K1 visa (fiance), I can understand why you new I-485 was not acceptable to the interviewer. Otherwise, however, the suggestion she made for you to withdraw your I-485 suggests something else wrong with your status that she didn't explain adequately or that you didn't understand.

You might re-check the letter you just received to see if you are ordered to leave the country or if you are being given alternatives. Your I-130 going to the NVC is routine, though it seems to have taken a long time for this to happen.

I don't think anyone can suggest your next step without knowing what really happened between your I-751 denial and the most recent I-485 interview.

--Ray B

I got my green through marriage ( march 2008 ).

At the time of my removal of condition i-795, i was not able to take my wife with me on the interview as we where going through divorce. In september 2010 it was denied.

In january 2013, i got married and as i was advise by the lawyer, i filed for the i-130 and i-485 again.

Upon my interview i was told by the officer that, in their records i am still a permanent resident and she is not able to approve my application. I was given two choices either i withdraw the application or she denies the application. I made a quick decision and withdraw my application.

Few days back i got a latter from uscis that my i-130 is approved and the information has being sent to nva.

Today i get a letter from uscis " acknowledgement of withdrawn from i-485 "

please advise wht should be my next step

thanks

[MaryH]

I absolutely agree with Ray. I was hoping you would explain your situation more clearly, when I asked you...

[bilsown80]

HELLO .. I WILL ANSWER UR QUESTION ONE BY ONE AND EXPLAIN


1. I CAME TO UNITED STATES ON STUDENT VISA

2. MY WIFE IS US CITIZEN

3. I GOT MARRIED THE SECOND TIME IN 2013 FEB BUT IT TOOK LONG TIME TO FILE CAUSE I GOT DELAYED GETTING THE SPONSOR AND PAPER WORK ALSO MY WIFE WENT THOUGH MEDICAL ISSUES SO I GOT BEHIND.

4. THE OFFICER EXPLAINED IN THE INTERVIEW THAT " THE PERSON CAN GET ONLY ONCE GREEN CARD AND ALIEN NUMBER. ONCE THE GREEN CARD IS ISSUED AND IN FUTURE THE GREEN CARD EXPIRES OR BECOME INVALID FOR ANY REASON. THE USCIS IS NOT GOING TO ISSUE A NEW GREEN CARD, INFECT THE SAME ONE NEEDS TO BE RENEWED OR REINSTATED".

SHE EVEN CALL HER SUPERVISOR AND SHE TOLD HER THAT THE ONLY THING I CAN DO IS GO IN FRONT OF IMMIGRATION JUDGE AND EXPLAIN THAT MY PREVIOUS MARRIAGE WAS GENUINE. HE IS THE PERSON WHO WILL DECIDE. I ASKED HER THAT HOW WILL I SEE THE JUDGE? SHE TOLD ME THAT SHE WILL REFER THE CASE TO THE JUDGE AND SHE WILL DECIDE ON MY I-130( WHICH SHE DID AND IT IS APPROVED ).

5. IN THE DENIAL OF THEY EXPLAIN THAT A JOINT PETITION OF REMOVAL OF CONDITION WAS SUBMITTED. HOWEVER IN THE INTERVIEW UR SPOUSE WAS NOT PRESENT. THEREFORE THE PERMANENT RESIDENCE ACCORDED YOU IS HEREBY TERMINATED AS OF AUGUST 2008.

6. THE LETTER ACKNOWLEDGMENT OF WITHDRAWAL EXPLAINS THAT
----------------------------------------------------------------------------------

" Thank you for submitting Form I-485, Application to Register Permanent Residence or Adjust
Status, to U.S. Citizenship and Immigration Services(USCIS) under section 245 of the
Immigration and Nationality Act(INA).

On November 6,2014, you requested to withdraw your Form I-485.

Your withdrawal is acknowledged and effective as of the date of this notice. This withdrawal
results in the automatic denial of your application.

The evidence of in the record shows that, when you filed your application for adjustment of
status, you had already been accorded the status of a lawful permanent resident of the United
States on March 10,2008.

You may not appeal this decision. However, if you believe that the denial of your Form!-485 is
in error, you may file a motion to reopen or a motion to reconsider using Form 1-290B, Notice o
Appeal or Motion. You must submit Form 1-290B within 30 calendar days of service of this
decision. If USCIS does not receive the motion to reopen or reconsider within this period, this
decision will become final. See Title 8, Code oF Federal Regulations(8 CFR), sections 103.5 an
103.8(b).

This decision does not prevent you from filing a new application in the future,

You can find filing locations, the required filing fee amount, and more information about Form
I-290b filing requirements on the uscis web site at www.useis.gov/forms.you may also contact
the National Customer Service Center toll free at 800-375-5283 "

7. THE DANIEL OF I-751 EXPLAINS
----------------------------------------

TERMINATION OF CONDITIONAL RESIDENCE STATUS

A review of the records of the Immigration and Naturalization Service reveals that you were admitted to the
United States as a Conditional Permanent Resident on March 10,2008.

On March 12,2010, you and the spouse through whom you obtained that status filed a Joint Petition to Remove
the Conditional Basis of Your Permanent Resident Status in accordance with the provisions of Section 216 (c) oF
the Immigration and Nationality Act. That petition is hereby denied for the following reasons

(SEE ATTACHMENT)

Therefore, in accordance with the provisions of Section 216(c)(2)(A) of the Immigration and Nationality Act, the
permanent residence status previously accorded you is hereby terminated as of August I, 2008. All rights and
privileges which you derived» om that status, including the right to reside and work in the united states, are
termtnated concurrently.

In accordance with Section 216(c)(2)(B) of the Act, you may request review of this determination in deportation
proceedings. Ifyou so choose, you may be represented in such proceeding, at no expense to the government, by
an attorney or other individual authorized and qualified to represent persons before the Immigration and
Naturalization Service. Such counsel may assist you in the preparation of your request for review and hearing,
and may examine the evidence upon which this determination is based. If you desire a review of this
determination in a deportation hearing, you should present any affidavits or other evidence which you desire to
have considered at such hearing. If any document is in a foreign language, you should bring the original and a
certif ied translation thereof. 1f you wish to have testimony of witnesses considered at the hearing, you should
arrange to have such witnesses Dresent at the hearing.

On August 11,2010, you and your spouse were scheduled to appear for an interview in connection with the
petition filed to remove the conditional basis of your residence in accordance with the provisions of Section
216(c)of the Marriage Fraud Amendment Act. Your spouse failed to appear.

216(c)REQUIREM ENTS OF TIMELY PETITION AND INTERVIEW FOR REMOVAL OF CONDITION.-

(1)IN GENERAL.-In order for the conditional basis established under subsection(a)for an alien spouse
or an alien son or daughter to beremoved

(A)the alien spouse and the petitioning spouse(ifnot deceased)jointly must submit to the Attorney

General. During the period described in subsection(d)(2), a petition which requests the removal of such
conditional basis and which states under penalty of perjury, the facts and information described in
subsection(d)(]), and(B)in accordance with subsection(d)(3), the alien spouse and the petitioning
spouse(ifnot deceased)must appear for a personal interview before an officer or employee of the
Service respecting the facts and information described in subsection(d)(1).

You have failed to meet the requirements of Section 216(c)(1)(B)of the Immigration and Nationality Act. Thus,
you are not entitled to the benefits provided under Section 216(c)(3)(B)of the Act, and the petition is denied.


I HOPE YOU CAN SUGGEST ME SOMETHING... I HAVE SPENT SO MUCH MONEY IN ATTORNEYS, ONE CANT IMAGINE

THANKS
---------------------------------------------------------------------------------------------------------------------------------

Bilsown,

Some of your information described below seems contradictory, so let me reiterate what I think has happened:

1. In 2010, your I-751, to "Remove Conditions," was denied, resulting in your loss of Permanent Resident status.
2. You continued to stay in the U.S. without Permanent Resident status.
3. You remarried in January 2013 and was advised by an attorney to submit I-130 and I-485 applications (which seems the correct step to take).
4. Now, two years after you remarried and after you submitted new petitions, your I-485 withdrawal has become official.

The missing pieces here suggest other things going on that you haven't mentioned:
1. Why are there such long periods of time between each of the events you have described? If your new wife is a Green Card holder and not a U.S. citizen, that might explain why it took so long for your I-485 interview most recently.
2. You say that the interviewer told you that you are still considered to be a Permanent Resident, so that you are advised to withdraw your I-485 or she will deny the I-485. This is where something is wrong, and I suspect that you have not paraphrased correctly what the interviewer told you.

If you had originally came to the U.S. on a K1 visa (fiance), I can understand why you new I-485 was not acceptable to the interviewer. Otherwise, however, the suggestion she made for you to withdraw your I-485 suggests something else wrong with your status that she didn't explain adequately or that you didn't understand.

You might re-check the letter you just received to see if you are ordered to leave the country or if you are being given alternatives. Your I-130 going to the NVC is routine, though it seems to have taken a long time for this to happen.

I don't think anyone can suggest your next step without knowing what really happened between your I-751 denial and the most recent I-485 interview.

--Ray B

[rayb]

Bilsown80,

Your descriptions below clear the air somewhat.

When your prior wife did not show for the I-751 interview, you did not exercise an option to withdraw your I-751 and reapply as a waiver from the "joint filing" requirement. I think that there was a resulting "open or unresolved" status as a result.

I think the action taken by the most recent interviewing officer (having you withdraw your application and having the prior status terminated), then getting your I-130 approved, may have opened the path for you to proceed with a new Adjustment of Status application.

I believe that you are now safe to proceed with a new Adjustment of Status application, BUT YOU NEED TO GET AN OFFICIAL OPINION FROM USCIS BEFORE INVESTING ANOTHER $1,000+. I don't want to feel responsible for your having yet another denial based on any recommendation that I give you.

Keep this as simple as possible. Request an INFOPASS appointment ( https://infopass.uscis.gov/ ) and take all your recent correspondence with you, and ask if the recent approval of your I-130 will provide a basis for you to proceed with an Adjustment of Status conversion.

The risk you are now facing unless you get a new procedure in motion is a letter advising you to voluntarily leave the country within a given period of time. Such an order would necessitate a hearing before an Immigration judge to overcome the Removal Order.

The above is my opinion on how to handle your current situation, but should not be relied upon as legal advice to resolve your immigration status.

--Ray B

HELLO .. I WILL ANSWER UR QUESTION ONE BY ONE AND EXPLAIN


1. I CAME TO UNITED STATES ON STUDENT VISA

2. MY WIFE IS US CITIZEN

3. I GOT MARRIED THE SECOND TIME IN 2013 FEB BUT IT TOOK LONG TIME TO FILE CAUSE I GOT DELAYED GETTING THE SPONSOR AND PAPER WORK ALSO MY WIFE WENT THOUGH MEDICAL ISSUES SO I GOT BEHIND.

4. THE OFFICER EXPLAINED IN THE INTERVIEW THAT " THE PERSON CAN GET ONLY ONCE GREEN CARD AND ALIEN NUMBER. ONCE THE GREEN CARD IS ISSUED AND IN FUTURE THE GREEN CARD EXPIRES OR BECOME INVALID FOR ANY REASON. THE USCIS IS NOT GOING TO ISSUE A NEW GREEN CARD, INFECT THE SAME ONE NEEDS TO BE RENEWED OR REINSTATED".

SHE EVEN CALL HER SUPERVISOR AND SHE TOLD HER THAT THE ONLY THING I CAN DO IS GO IN FRONT OF IMMIGRATION JUDGE AND EXPLAIN THAT MY PREVIOUS MARRIAGE WAS GENUINE. HE IS THE PERSON WHO WILL DECIDE. I ASKED HER THAT HOW WILL I SEE THE JUDGE? SHE TOLD ME THAT SHE WILL REFER THE CASE TO THE JUDGE AND SHE WILL DECIDE ON MY I-130( WHICH SHE DID AND IT IS APPROVED ).

5. IN THE DENIAL OF THEY EXPLAIN THAT A JOINT PETITION OF REMOVAL OF CONDITION WAS SUBMITTED. HOWEVER IN THE INTERVIEW UR SPOUSE WAS NOT PRESENT. THEREFORE THE PERMANENT RESIDENCE ACCORDED YOU IS HEREBY TERMINATED AS OF AUGUST 2008.

6. THE LETTER ACKNOWLEDGMENT OF WITHDRAWAL EXPLAINS THAT
----------------------------------------------------------------------------------

" Thank you for submitting Form I-485, Application to Register Permanent Residence or Adjust
Status, to U.S. Citizenship and Immigration Services(USCIS) under section 245 of the
Immigration and Nationality Act(INA).

On November 6,2014, you requested to withdraw your Form I-485.

Your withdrawal is acknowledged and effective as of the date of this notice. This withdrawal
results in the automatic denial of your application.

The evidence of in the record shows that, when you filed your application for adjustment of
status, you had already been accorded the status of a lawful permanent resident of the United
States on March 10,2008.

You may not appeal this decision. However, if you believe that the denial of your Form!-485 is
in error, you may file a motion to reopen or a motion to reconsider using Form 1-290B, Notice o
Appeal or Motion. You must submit Form 1-290B within 30 calendar days of service of this
decision. If USCIS does not receive the motion to reopen or reconsider within this period, this
decision will become final. See Title 8, Code oF Federal Regulations(8 CFR), sections 103.5 an
103.8(b).

This decision does not prevent you from filing a new application in the future,

You can find filing locations, the required filing fee amount, and more information about Form
I-290b filing requirements on the uscis web site at www.useis.gov/forms.you may also contact
the National Customer Service Center toll free at 800-375-5283 "

7. THE DANIEL OF I-751 EXPLAINS
----------------------------------------

TERMINATION OF CONDITIONAL RESIDENCE STATUS

A review of the records of the Immigration and Naturalization Service reveals that you were admitted to the
United States as a Conditional Permanent Resident on March 10,2008.

On March 12,2010, you and the spouse through whom you obtained that status filed a Joint Petition to Remove
the Conditional Basis of Your Permanent Resident Status in accordance with the provisions of Section 216 (c) oF
the Immigration and Nationality Act. That petition is hereby denied for the following reasons

(SEE ATTACHMENT)

Therefore, in accordance with the provisions of Section 216(c)(2)(A) of the Immigration and Nationality Act, the
permanent residence status previously accorded you is hereby terminated as of August I, 2008. All rights and
privileges which you derived» om that status, including the right to reside and work in the united states, are
termtnated concurrently.

In accordance with Section 216(c)(2)(B) of the Act, you may request review of this determination in deportation
proceedings. Ifyou so choose, you may be represented in such proceeding, at no expense to the government, by
an attorney or other individual authorized and qualified to represent persons before the Immigration and
Naturalization Service. Such counsel may assist you in the preparation of your request for review and hearing,
and may examine the evidence upon which this determination is based. If you desire a review of this
determination in a deportation hearing, you should present any affidavits or other evidence which you desire to
have considered at such hearing. If any document is in a foreign language, you should bring the original and a
certif ied translation thereof. 1f you wish to have testimony of witnesses considered at the hearing, you should
arrange to have such witnesses Dresent at the hearing.

On August 11,2010, you and your spouse were scheduled to appear for an interview in connection with the
petition filed to remove the conditional basis of your residence in accordance with the provisions of Section
216(c)of the Marriage Fraud Amendment Act. Your spouse failed to appear.

216(c)REQUIREM ENTS OF TIMELY PETITION AND INTERVIEW FOR REMOVAL OF CONDITION.-

(1)IN GENERAL.-In order for the conditional basis established under subsection(a)for an alien spouse
or an alien son or daughter to beremoved

(A)the alien spouse and the petitioning spouse(ifnot deceased)jointly must submit to the Attorney

General. During the period described in subsection(d)(2), a petition which requests the removal of such
conditional basis and which states under penalty of perjury, the facts and information described in
subsection(d)(]), and(B)in accordance with subsection(d)(3), the alien spouse and the petitioning
spouse(ifnot deceased)must appear for a personal interview before an officer or employee of the
Service respecting the facts and information described in subsection(d)(1).

You have failed to meet the requirements of Section 216(c)(1)(B)of the Immigration and Nationality Act. Thus,
you are not entitled to the benefits provided under Section 216(c)(3)(B)of the Act, and the petition is denied.


I HOPE YOU CAN SUGGEST ME SOMETHING... I HAVE SPENT SO MUCH MONEY IN ATTORNEYS, ONE CANT IMAGINE

THANKS
---------------------------------------------------------------------------------------------------------------------------------

[bilsown80]

info pass

Which appointment type should select in info pass

Or just select

Need information or other services