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  1. #1
    Join Date
    Apr 2011

    Default I-130 Approved but I-485 Denied

    I have been in the states for over ten years now. I have entered the country illegally.
    As soon as I came I opened a case to get green card through employment that got denied because of my illegal entry. Then I have been married for 8 years now and have two kids. I applied for I 130 which was approved and then at the green card interview the officer denied my I 485 because of my illegall entry. In the decision letter I received it states:
    The Attorney General may, in the discretion of the Attorney General, waive the application of clause (i) of subsection (a) (6)(C) in the case of an immigrant who is spouse , son, or daughter of a United States Citizen or of an alien lawfully admitted for permanent residence., if it established to the satisfaction of the Attorney General that the refusal of admission to the United States of such immigrant alien would result in extreme hardship to the citizen or lawfully resident spouse or parent of such an alien.

    My question is should I go back home voluntarily?
    And come back with a family reunion?
    Or should I go to the immigration judge or Attorney General.

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: I-130 Approved but I-485 Denied

    As you now know, you cannot adjust your status when you enter illegally. You have no status to adjust.

    You should consult an immigration lawyer about your situation to try to determine if you qualify for a waiver and, if so, how to obtain it with the least possible amount of disruption to your family. Odds are you're going to have to spend some time outside of the U.S.

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