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Immigration send me a letter saying my I485 was denied, can I remarry again? and can I fill for Asylum. Questions in details

Spartanburg, SC |

I filled I485 marriage based, I am the beneficiary, my wife and I broke up . I had not yet received any greencard, she did not show up for the 2nd interview and I told them we broke up. I came into the US August of 2008 under F1 student but that expired in 2011. They sent me a letter on April 9 saying that my I485 has been denied and I have no legal status now and that I should make arrangements to depart the country as soon as possible. 1) am I being deported? and how long can I be here before someone comes knocking on my door to deport me?( I have no criminal record) 2) can I remarry again even before filling asylum and apply for I485 3) can I go back to F1? 4) can I fill asylum(my dad is a political prisoner happened in 2009 he is still in jail in Cameroon)?

Attorney Answers 3


  1. Best answer

    I filled I485 marriage based, I am the beneficiary, my wife and I broke up . I had not yet received any greencard, she did not show up for the 2nd interview and I told them we broke up. I came into the US August of 2008 under F1 student but that expired in 2011. They sent me a letter on April 9 saying that my I485 has been denied and I have no legal status now and that I should make arrangements to depart the country as soon as possible. 1) am I being deported?

    To deport you, the government must place you in removal proceedings before an immigration judge. In those proceedings, the judge will have to answer two principal questions. The first question is whether or not the government is right that you are removable. It sounds like you are, since you admittedly fell out of student status. If the judge finds you removable, then she'll move to the second questions, which is whether or not you have any relief from removal. Certain individuals who violated the immigration laws may nevertheless remain in the U.S. and obtain residency.

    and how long can I be here before someone comes knocking on my door to deport me?( I have no criminal record)

    To start proceedings, the government will need to give you a charging document, laying out the factual allegations against you, and specifying the section(s) of law that make you removable. This document is called a Notice to Appear. It is not uncommon for USCIS to include the NTA along with an I-485 denial. It sounds like this didn't happen in your case. It may be that the government will wait and see if you leave on your own before starting proceedings. Or, it may be that the government doesn't feel you are an "enforcement priority," and is exercising its discretion not to start proceedings at this time, choosing instead to focus on those individuals who do have criminal records, or other factors that make them more of a priority than you.

    Because you don't have a criminal record, even if the government does decide in the future to start proceedings, it is highly unlikely that it would come to your house and detain you. If you were detained, it sounds like you would probably be eligible for a comparatively low bond.

    Barring some exceptional circumstances not revealed in your question, the government can't simply put you on a plane without going through the formal process of removal proceedings, giving you the chance to contest removal and/or apply for any relief from removal.

    2) can I remarry again even before filling asylum and apply for I485

    Yes, you can. But you must understand that the marriage must be real. If you enter into a sham marriage just to get a green card, there are extremely serious consequences. Which brings up a good point--in your recent I-485 denial did USCIS allege that you entered into a sham marriage?

    If you're not in proceedings, you would go through the same process you already went through, by filing the I-130 and I-485 at the same time with USCIS.

    If proceedings have already started by the time you marry, then there will be two main differences. First is that you won't file both applications with USCIS. Instead, you'll file the I-130 with USCIS, but you'll file the I-485 with the immigration court. Once you're in proceeedings, USCIS will lose jurisdiction over the adjustment application, but will retain jurisdiction over the visa petition. Makes things a little more complicated, but it's doable.

    The second thing is that the standard used by USCIS in reviewing the I-130 will be more difficult to meet. On your last I-130, your spouse was required to demonstrate the marriage was real through a "preponderance of the evidence." In other words, proving that the marriage was "probably" a real one.

    Once you're in removal proceedings, however, there is a presumption that the marriage is fake, designed only to stop y

    3) can I go back to F1? 4) can I fill asylum(my dad is a political prisoner happened in 2009 he is still in jail in Cameroon)


  2. You need to see an immigration lawyer and decide what you will be doing.

    Att. number 917-885-2261 This advice does not create an attorney client relationship. No specific legal advice may be offered by the lawyer until a conflicts check is undertaken. Information sent through a web form or via email may not be treated as confidential. Please accept my apologies for spelling mistakes. Law Office of Alena Shautsova , New York Immigration Attorney http://www.shautsova.com Blog: http://www.russianspeakinglawyerny.com


  3. 1. You are deportable. Whether you are deported depends on what ICE does and whether you are successful in mounting a defense against deportation.
    2. The ability to marry does not depend on immigration status.
    3. Not without leaving the US.
    4. Cannot be determined on the facts posted.

    You should retain an experienced immigration lawyer to review all the facts, advise you, and handle the case. You can find one through http://www.ailalawyer.com.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, 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. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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