I-485 was denied.. what do we do now?

[njjk]

Hi everyone,

I need some advice.. My husband and I began our immigration process in 2016. I am a USC we have a daughter who is a USC and we got married 5 years before filing. We originally were going to go with the Consular processing method and got our I-130 approved paid our fees and were going to complete Step 3 when we were told that Adjusting his status through I-485 would be the better route. Fast forward to December 2017 we mail out our I-485 and I-765, January 2018 bio-metrics appointment, May 2018 he receives EAD, August 2018 we receive letter for interview on October 3, 2018. We go to interview everything went great, officer told us we had nothing to worry about because everything looked good and congratulated us. He said since we have been married for over 5 years he would get a permanent green card . He did tell us it would take a little longer than usual to receive green card in the mail because they are pretty backed. December 20, 2018 I sent in a request since we had not heard anything from USCIS. On January 15, 2019 we receive a letter saying he is denied because he left and reentered the US in 2007. We did notify the officer of this during our interview and stated it was a "brief and casual departure" and regardless of this he did tell us he would approve us. Now we have no idea where to go from here. We are looking to get a lawyer this time but we want to know all of our options. We are planning on continuing our consular processing method but we do not know whether to start from Step 1 or continue with Step 3 and pay all of our fees all over. The letter stated he had 33 days to leave the country or he will get a NTA. If we are in the process of applying for a unlawful presence waiver visa will he still have to leave the country?

[Wishingonastar]

Oh my goodness, I'm so sorry to hear that. I am in a similar situation in that we started the process via consular processing and had our i-130 approved, then switched to AOS. I really have no advice as I don't know much about it, could you try and appeal it? I guess the best thing to do is get a lawyer. I'm not sure if you will have to restart consular processing from the beginning and pay fees again.. I would have thought so?

[bobm445]

Get yourself a good Lawyer ASAP.... this is to big to handle on your own

[steadygaze]

I'm praying for both of you!

[indianchi]

I wish you all the luck. Let us know if you need a lawyer? Most lawyers will do free consultation atleast. Not sure where you are located? Also unfamilair with this area, but why would your husband leaving and entering USA deny your case? You have a solid and valid marriage, was he not on some sort of visa?

Hi everyone,

I need some advice.. My husband and I began our immigration process in 2016. I am a USC we have a daughter who is a USC and we got married 5 years before filing. We originally were going to go with the Consular processing method and got our I-130 approved paid our fees and were going to complete Step 3 when we were told that Adjusting his status through I-485 would be the better route. Fast forward to December 2017 we mail out our I-485 and I-765, January 2018 bio-metrics appointment, May 2018 he receives EAD, August 2018 we receive letter for interview on October 3, 2018. We go to interview everything went great, officer told us we had nothing to worry about because everything looked good and congratulated us. He said since we have been married for over 5 years he would get a permanent green card . He did tell us it would take a little longer than usual to receive green card in the mail because they are pretty backed. December 20, 2018 I sent in a request since we had not heard anything from USCIS. On January 15, 2019 we receive a letter saying he is denied because he left and reentered the US in 2007. We did notify the officer of this during our interview and stated it was a "brief and casual departure" and regardless of this he did tell us he would approve us. Now we have no idea where to go from here. We are looking to get a lawyer this time but we want to know all of our options. We are planning on continuing our consular processing method but we do not know whether to start from Step 1 or continue with Step 3 and pay all of our fees all over. The letter stated he had 33 days to leave the country or he will get a NTA. If we are in the process of applying for a unlawful presence waiver visa will he still have to leave the country?

[ember]

Very sorry to hear that. I will echo what others have said - it is your best bet to find an experienced immigration lawyer. I do not think this forum can answer your questions properly. I would think that you would have to reapply for I-130, then apply for a waiver of inadmissibility, then do CP. But again, I recommend not taking this or any other advice w/o consulting a professional... I wish you all the best.

Hi everyone,

I need some advice.. My husband and I began our immigration process in 2016. I am a USC we have a daughter who is a USC and we got married 5 years before filing. We originally were going to go with the Consular processing method and got our I-130 approved paid our fees and were going to complete Step 3 when we were told that Adjusting his status through I-485 would be the better route. Fast forward to December 2017 we mail out our I-485 and I-765, January 2018 bio-metrics appointment, May 2018 he receives EAD, August 2018 we receive letter for interview on October 3, 2018. We go to interview everything went great, officer told us we had nothing to worry about because everything looked good and congratulated us. He said since we have been married for over 5 years he would get a permanent green card . He did tell us it would take a little longer than usual to receive green card in the mail because they are pretty backed. December 20, 2018 I sent in a request since we had not heard anything from USCIS. On January 15, 2019 we receive a letter saying he is denied because he left and reentered the US in 2007. We did notify the officer of this during our interview and stated it was a "brief and casual departure" and regardless of this he did tell us he would approve us. Now we have no idea where to go from here. We are looking to get a lawyer this time but we want to know all of our options. We are planning on continuing our consular processing method but we do not know whether to start from Step 1 or continue with Step 3 and pay all of our fees all over. The letter stated he had 33 days to leave the country or he will get a NTA. If we are in the process of applying for a unlawful presence waiver visa will he still have to leave the country?

[azblk]

You need a lawyer as of yesterday. If he leaves he aint coming back for 10 years unless you can get a i-601 waiver. Under no circumstances should he leave the country even if it means getting an NTA. Get a lawyers ASAP. What were the circumstances of his depature and illegal re-entry in 2007?

[steadygaze]

Let us know what you have decided. We are very interested in following your case.

Good luck!

[newacct]

Hi everyone,

I need some advice.. My husband and I began our immigration process in 2016. I am a USC we have a daughter who is a USC and we got married 5 years before filing. We originally were going to go with the Consular processing method and got our I-130 approved paid our fees and were going to complete Step 3 when we were told that Adjusting his status through I-485 would be the better route. Fast forward to December 2017 we mail out our I-485 and I-765, January 2018 bio-metrics appointment, May 2018 he receives EAD, August 2018 we receive letter for interview on October 3, 2018. We go to interview everything went great, officer told us we had nothing to worry about because everything looked good and congratulated us. He said since we have been married for over 5 years he would get a permanent green card . He did tell us it would take a little longer than usual to receive green card in the mail because they are pretty backed. December 20, 2018 I sent in a request since we had not heard anything from USCIS. On January 15, 2019 we receive a letter saying he is denied because he left and reentered the US in 2007. We did notify the officer of this during our interview and stated it was a "brief and casual departure" and regardless of this he did tell us he would approve us. Now we have no idea where to go from here. We are looking to get a lawyer this time but we want to know all of our options. We are planning on continuing our consular processing method but we do not know whether to start from Step 1 or continue with Step 3 and pay all of our fees all over. The letter stated he had 33 days to leave the country or he will get a NTA. If we are in the process of applying for a unlawful presence waiver visa will he still have to leave the country?

Can you clarify what your husband's immigration history is? So he entered the US multiple times? In each of those times did he enter legally or illegally? How long did he stay each time and in what status?