Help!! I-485 Denied

[mariicruz]

Hey!! I went for an interview for an adjustment of status. I am married to a US Citizen currently have DACA and left the US and came back into the US with an advance parole.

When I got to my interview everything was going well until....I get notified that I have a deportation order from 1996 (I was 10yrs old). In the 90's it was popular to apply for asylum in order to get a work permit. My parents were among the people that applied. My parents do not remember adding my name on the application or applying for asylum on my behalf. Well...apparently my name was on there and I have a deportation order that I was NEVER made aware of. My parents decided to leave the US in 1997. We reentered the country in 10/2000. There is another person with the same name that shows that was removed from the US in May 2003!!! NOT ME!!

Fast forward a few years I receive DACA twice and was able to leave the country and reenter but was never made once aware of my deportation order.

We were made aware by the interviewer that he approved my I-130 but could not approve my I-485 because that is out of his jurisdiction. Our attorney was with us and he did not seem toO concern he stated that they would have to reopen my case from 96 and request that the deportation be removed based on being a minor and having no control, not being served properly etc. etc. I felt reassured therefore I did not feel too concern.

I received an I-485 notice today stating that it got denied which was expected and then it states any work permit approved due to I485 is revoked. I also received and approval letter for my I-130 today!!! I am so confused I am not sure what this means!!!

Also no where in the letter does it state that I left and entered the country with an Advanced Parole!!! It only indicates when I left and entered the country in 97 and 2000!!! and of course the date that I never left the country is listed on there as well (May 2003)

Has anyone had to go through this?!? Had a deportation order as a minor but was able to get the case dismissed?!? Is my I-130 really denied and not approved or approved and not denied?!?

Please let me know.

[viri18]

Hey!! I went for an interview for an adjustment of status. I am married to a US Citizen currently have DACA and left the US and came back into the US with an advance parole.

When I got to my interview everything was going well until....I get notified that I have a deportation order from 1996 (I was 10yrs old). In the 90's it was popular to apply for asylum in order to get a work permit. My parents were among the people that applied. My parents do not remember adding my name on the application or applying for asylum on my behalf. Well...apparently my name was on there and I have a deportation order that I was NEVER made aware of. My parents decided to leave the US in 1997. We reentered the country in 10/2000. There is another person with the same name that shows that was removed from the US in May 2003!!! NOT ME!!

Fast forward a few years I receive DACA twice and was able to leave the country and reenter but was never made once aware of my deportation order.

We were made aware by the interviewer that he approved my I-130 but could not approve my I-485 because that is out of his jurisdiction. Our attorney was with us and he did not seem toO concern he stated that they would have to reopen my case from 96 and request that the deportation be removed based on being a minor and having no control, not being served properly etc. etc. I felt reassured therefore I did not feel too concern.

I received an I-485 notice today stating that it got denied which was expected and then it states any work permit approved due to I485 is revoked. I also received and approval letter for my I-130 today!!! I am so confused I am not sure what this means!!!

Also no where in the letter does it state that I left and entered the country with an Advanced Parole!!! It only indicates when I left and entered the country in 97 and 2000!!! and of course the date that I never left the country is listed on there as well (May 2003)

Has anyone had to go through this?!? Had a deportation order as a minor but was able to get the case dismissed?!? Is my I-130 really denied and not approved or approved and not denied?!?

Please let me know.

wow that's so sad to hear..hopefully your attorney is correct and everything gets solved soon

[newacct]

Hey!! I went for an interview for an adjustment of status. I am married to a US Citizen currently have DACA and left the US and came back into the US with an advance parole.

When I got to my interview everything was going well until....I get notified that I have a deportation order from 1996 (I was 10yrs old). In the 90's it was popular to apply for asylum in order to get a work permit. My parents were among the people that applied. My parents do not remember adding my name on the application or applying for asylum on my behalf. Well...apparently my name was on there and I have a deportation order that I was NEVER made aware of. My parents decided to leave the US in 1997. We reentered the country in 10/2000. There is another person with the same name that shows that was removed from the US in May 2003!!! NOT ME!!

Fast forward a few years I receive DACA twice and was able to leave the country and reenter but was never made once aware of my deportation order.

We were made aware by the interviewer that he approved my I-130 but could not approve my I-485 because that is out of his jurisdiction. Our attorney was with us and he did not seem toO concern he stated that they would have to reopen my case from 96 and request that the deportation be removed based on being a minor and having no control, not being served properly etc. etc. I felt reassured therefore I did not feel too concern.

I received an I-485 notice today stating that it got denied which was expected and then it states any work permit approved due to I485 is revoked. I also received and approval letter for my I-130 today!!! I am so confused I am not sure what this means!!!

Also no where in the letter does it state that I left and entered the country with an Advanced Parole!!! It only indicates when I left and entered the country in 97 and 2000!!! and of course the date that I never left the country is listed on there as well (May 2003)

Has anyone had to go through this?!? Had a deportation order as a minor but was able to get the case dismissed?!? Is my I-130 really denied and not approved or approved and not denied?!?

Please let me know.

I-130 is only about the genuineness of the relationship so of course it is going to be approved if there are no questions about your marriage. It's only the I-485 which is affected by bans, jurisdiction, etc.

I'm worried that you might also have a 9C ban for illegally entering the US after being deported.

[mariicruz]

What is a 9C Ban? The last time I entered the country was through and Advanced Parole. CUP stamped my passport is that not taken into consideration?

[inadmissible]

9 c

[newacct]

What is a 9C Ban? The last time I entered the country was through and Advanced Parole. CUP stamped my passport is that not taken into consideration?

You have a 9C ban if either of these happened: 1) You entered, or tried to enter, the US without being inspected after April 1, 1997 after previously accruing at least 1 year of "unlawful presence" cumulatively over all previous stays (for the purposes of 9C, you do accrue "unlawful presence" while under 18, but "unlawful presence" only existed since April 1, 1997); or 2) You entered, or tried to enter, the US without being inspected after April 1, 1997 after previously being removed (at any time, including before 1997).

You entered without inspection in 2000. Since you left in 1997, you couldn't have accrued 1 year of "unlawful presence" since the start of "unlawful presence" on April 1, 1997, so the first condition doesn't apply. So what matters is whether you were removed before 2000.

The 9C ban is a lifetime ban. For immigrants, the only way to overcome it is to file I-212 for "permission to reapply", and you can only file I-212 for the 9C ban after being outside the US for 10 continuous years.

That you were paroled or admitted subsequently doesn't mean anything for whether you have the ban.

[Pro9]

Have you ever tried to leave and re entered the country under DACA
If yes so I don't know how the CBP from the beginning did not realize you had a deportation order

[arbrts]

That's a bummer that your lawyer didn't check that first. That was the first thing our lawyer did when we went in for the consultation. She got on the phone and called to check right away. And then she also request a FOIA. I'm sure they will be able to get it straightened out for you though.
My sister in law had something similar happen to her with her TPS, they denied her TPS for not being current, so she had to send in all the documentation that she had kept it current.

[S_R_E]

When I was filing for AOS earlier this year I was concerned I may have an outstanding deportation order due to fling previously with my ex-wife and not completing the process due to divorce.

When searching for information on the subject I came across this website

http://eiic.org/immigration-information/faq-know-your-rights/deportation/

Which led me to this site as well

https://www.justice.gov/eoir/customer-service-initiatives

I entered my Alien Registration # on the phone system and received an answer indicating there was no deportation order issued against my Alien Registration #. When at my interview‚ my IO confirmed this was indeed the case.

For people who have this concern‚ it may be worth checking on this system.

[arbrts]

Thats what our lawyer did first thing.