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  1. #1
    Join Date
    Jan 2012
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    1

    Question Approved I-130 but Denied I-485, What Now

    In March, I sent in an I-130 petition for my husband and he applied for the I-485. Nine months and two interviews later, we get two letters: one that notifies us of approval (I-130) and another that notifies us of denial (I-485). My question is: What does this mean?

    Although he is now 31 years old, he is being denied for entering the U.S. with his brother's visa when he was ONLY 18! His mother made him do so and she actually entered on her sister's visa at the time and she now has permanent resident staus. My husband has an employment authorization card that expires this May, a Social Security Number, and has worked the entire time he has been here, dutifully paying his taxes every year, has NO criminal record whatsoever (apart from the one I just stated), owns a home, and is also a college student. He has worked in hospitals as a nurse's assistant for the past 8 years, has a son from a previous relationship that we have FULL CUSTODY of, and I'm pregnant. (Yes, quite the happy surprise.)

    We have a lot at stake here. I'm very worried that the seeming contradiction of these letters will end in disaster. I don't know what to make of it all. I would like to know what to do and what our options are. Does a denial cancel an approval? Is there a hierarchy where if one is denied, the approved can still keep him here?

    I appreciate any help offered or any advice given, including personal experiences.

  2. #2
    Join Date
    Feb 2006
    Location
    NA
    Posts
    244

    Default Re: Approved I-130 but Denied I-485, What Now

    The I-130 petition is for you, the US Citizen to establish a relationship with an alien relative who wishes to immigrate to the US. Essentially, as long as you qualify, the I-130 will almost always be approved. The I-485 is for your alien relative to try and change his legal status in the US. The Changing of his legal status is what was declined. It is not unusual that the I130 is approved and the I-485 declined.

    It sounds like the I-485 was declined due to VISA fraud, as you noted. There is a process to attempt to get a waiver of inadmissablity based on family hardship but that may be complicated by the VISA fraud. I agree, a lot is at stake, so you need to find a good lawyer soon to work on this for you. If he is deemed by the this petition to be unlawfully in the US because of VISA fraud, he could be deported at any time, and since he applied, he has made himself known to the goverment as illegally in this country.


    If the mother also committed VISA fraud but gained PR Status (assuming no waiver was made), I would have to say that this was probably an oversight on immigrations part and she should consider herself lucky.

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