I 485 denied after 5yrs but i appealed and now my work authorization is being revoked

Asked about 4 years ago - Laurel, MD

i came into the US from Nigeria with a tourist visa in 2002, but i overstayed.in 2004 i got married to an american citizenn in 2005 applied for green card. i was called for a lot of interviews wch i and my husband went for. but in september 2009 we were called for another inteview were we were asked personal details. i was told dat out of 100 i failed 10 questions and i was denied because of insufficient proof that we were really living as man and wife. Initially when i applied for myself in 2002 i also applied for my two daughters who were living in Nigeria at the time, they were called for an interview in november 2009 and were given green cards n r here wit me now.i have already applealed and have given them all d docs dey asked for,but i nid my EAD.wat r my chances at appeal?

Additional information

all truout my the process, i always had a lawyer, but wats puzzling to me is y dey will deny me in sept and grant visas to my children in november. cant i argue based on that fact,since if am deported i will taken away frm my children

Attorney answers (3)

  1. Matthew Rice Glinsmann

    Pro

    Contributor Level 9

    Answered . Its not too late, but your case will take lots of work and the intervention of an experienced immigration lawyer. If your I-130 has been denied, you will need to re-file it right away. You will be able to file a new Adjustment of Status only if you have not been placed in removal. Once you are in removal, you will need to adjust before the immigration court.

  2. Nicolas Andres Olano

    Pro

    Contributor Level 15

    Answered . If you are still maried I would refile your adjustment. Not only will your chances increase (because Im sure you will use an attorney this time) but your EAD will be renewed while during the appeal your EAD does not have to be renewed.

    www.olanolaw.com

  3. Kevin Lawrence Dixler

    Pro

    Contributor Level 20

    Answered . More information is needed. In these situations, if an attorney has not witnessed and prepared the appeal, then it is hard for an attorney to know whether the appeal will be successful. If the appeal is unsuccessful, then this can complicate any effort to pursue matters such as an employment authorization following the appeal.

    Marriage fraud is when someone marries for the sole purpose of securing a green card. This may cause permanent damages to an immigration record depending upon how the matter is handled.

    There may be options, but recommend an appointment with a candid and experienced immigration attorney to determine how or whether to pursue your case further as a matter of discretion.

    The above is general information and does not create an attorney client relationship.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

30,033 answers this week

3,073 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

30,033 answers this week

3,073 attorneys answering