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  1. #1
    Join Date
    Mar 2016
    Posts
    1

    Default What to Do After Your I-485 is Withdrawn

    My mother entered the US illegally while my dad entered legally on H1 visa with me and my sister on H4 visas. They both filed for I485 together. Not surprisingly, my dad has been approved of green card. At the interview, the immigration officer asked if my mom committed any immigration fraud or whether she just entered here illegally. We told him honestly that she did enter illegally but we did not commit any document fraud. The officer told us that he would deny green card for my mother but that her case would not be looked at ever again. Miracles do happen and it did when she got her work permit when she applied for work permit based on pending I485. But unfortunately, as all good things, it has come to an end. We've just received a letter asking for initial evidence. The letter says that my mom's application for I485 has been withdrawn and that we would need a different I485 for her work permit to be renewed. Obviously, we don't have different I485. As a matter of fact, this is the first time we heard that her application has been withdrawn. It was our understanding that her case would perpetually remain pending. We are not sure what to do. All my family members are either permanent residents or citizens, we don't want mom to be separated from us. Please advise us on what actions to take from here. Any help is greatly appreciated.

    p.s. Please advise me on what to send back for work permit. Should I send a letter explaining that we never withdrew her application? But I'm not sure if that will accomplish a lot, if anything. They will just deny her EAD application. Will she be at the risk of deportation if we let her work permit be denied?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: What to Do After Your I-485 is Withdrawn

    Really, your mother needs to consult an immigration lawyer.

    Why didn't she enter lawfully in the first place, and save herself a lot of grief?

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