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I-765 Approved, I-130 Approved, I-485 Denied

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Hi! I was in removal proceedings as I was arrested for driving with a suspended license. At that time, I was engaged to a US citizen and were going to get married soon. Hired a lawyer and posted bail. Afterwards, I got married and filed for I-485. I filed in July, 2012 and got my I765 approved in November, 2012. Had my fingerprinting done in October, 2012. Got I-130 Approved in April, 2012 after the removal proceedings were dismissed by the Immigration Judge. I contacted USCIS to check status of my I-485 and got a letter in the mail stating it was denied on 23rd January, 2012. I never received that letter in the mail and after contacting my lawyer found out that he received it in January and never informed me. He is unable to give me a straight answer about my current 485 status. Any help?

Attorney Answers 6


  1. Ask your lawyer to return your file and hire a new attorney.

    This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice. Consult with a qualified attorney before making any legal decisions. Gen Kimura, (832) 247-6932.


  2. Your lawyer's actions, as you describe them, are unethical. If the judge dismissed your order of removal, there is a path for I-485 approval. But not informing you in January, he has allowed the time for appeal to lapse. As my colleague said, ask for your file and your money back. If he refuses, report him to ethics committe and get a malpractice attorney.


  3. Ask for the 485 denial and see why it was denied. He should be able to provide that to you. The basis for the denial would determine what your next course of action is. If it's a minor issue that could be resolved, you may be able to refile the 485 but it's good to first check why the 485 was denied.


  4. You should r efile if there is no good reason for the denial.


  5. If you were in removal proceedings when you got married to a U.S. citizen, the I-130 immigrant petition should have been filed separately with USCIS. The I-130 approval could have been used as a way to seek adjustment of status before the Imigration Judge. The usual procedure of submitting the I-130, I-485 and I-765 all at the same time cannot be done when one is in removal proceedings. Please work with an ethical immigration lawyer who handles removal proceedings.

    Mary Carmen R. Madrid Crost can be reached at the: Madrid Crost Law Group - (888) 466-4478; e-mail: mc@madridcrost.com; skype: usvisalaw Please consult with a licensed immigration professional to provide you with a thorough legal advice. This response should not be construed to create an attorney-client relationship. Please help stop notario fraud and share this web site: www.stopnotariofraud.org.


  6. Get a copy of your file and hire another attorney ASAP. My firm handles these types of cases in NY. Let the new attorney review the matter and discuss with them filing a complaint/suit against the previous attorney. My firm handles these types of cases in NY.
    Regards,
    Nick Misiti
    Misiti Global
    212 537 4407

    Legal disclaimer: The statement above is general in nature, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship.

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