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If the marriage based i485 is denied, what are the options?

Los Angeles, CA |

If the marriage based i485 got denied, will the person still be able to apply for other types
of visa given he/she is already out of status when he/she got married. His spouse is USC and petitioning for him. However, the INS doesn' believe the marriage is true. And thus I485 got denied. Afterwards, all was advised by INS was that we will get notice in 2-3 months. Will the notice be "deportation"? If so, we can still appeal? What happen after the appeal if the result is also negative? Thanks.

Attorney Answers 3

  1. I would advise consulting with an experienced immigration attorney to determine the best case strategy to pursue. Depending on the facts of your case, your options may include requesting reopening, re-filing a new I-485, or if you case is referred to the Immigration Court, proceeding with the I-485 before an Immigration Judge.

  2. More likely than not you will be referred to an Immigration Judge. To have any chance of correcting the already serious predicament you are in you will need to retain an immigration attorney. The sooner the better.
    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.

  3. If the USCIS does not believe that the marriage is bona fide, then the problem is more with the I-130 than with the I-485. You may be able to appeal a denial of the I-130 (not the I-485), or file a new I-130 with better evidence of a bona fide marriage. You can still do either or both even if you are placed in removal proceedings. Best to hire an immigration attorney at that stage.

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