Form I-485 denied due to out of status when applying and petitioner wasn't a citizenship at the time. What are my options now?
I am writing this hope to seek for some advises on my case:
On November 15th, 2019 i got notice stated that my application got denied due to i was out of status at the time i filed my I-485 Application. At the time my husband ( my petitioner ) did not have his citizenship yet white i was out of my F1 visa status ( hence the denial ) but on November 4th, 2019 he passed the interview and is currently waiting for his Oath Ceremony date which we still don't have the date yet.
According to the decision letter USCIS sent me, i have 33 days from the day the decision made to depart from US. However now my spouse is only 1 step away from becoming a US citizen, I would like to ask you what are the options do i have right now? Can i file a new I-485 form , or a waive ( i-601A ) right away before they put me in removal processing or do i wait for them to send me a Notice to Appear letter ? ( Because we don't know when will my husband could get his Oath Ceremony to obtain his Citizen certificate )
I have already emailed my lawyer asking him the solution to this but i still hope to have some another advises from you all .
Thank you for your time,
3 attorney answers
"i was out of status at the time i filed my I-485 Application." Did you not know that you were out of status? Did your attorney not know that you were out of status?
To adjust status in the US through a legal permanent resident, the intending immigrant must have been in a legal immigration status at all time.
It has been my experience that the oath occurs fairly soon after the interview. Once your husband becomes a citizen, you can file a new I-485. You will not need a waiver. Leaving the United States would trigger a ban on re-entry.
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As soon as your husband becomes a US citizen, you will be able to file another I-485.
Carl Shusterman (former INS Trial Attorney, 1976-82) has 40+ years of experience practicing immigration law. He is a Certified Specialist in Immigration Law who has testified before the U.S. Senate Immigration Subcommittee as an expert witness. He was featured in the February 2018 issue of SuperLawyers magazine. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.