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  1. #1

    Default I-539 Denied After I-485 Pending

    I've applied i-130 (spouse of a lawful permanent resident) since March / 2017. I was admitted to the United States with a B1 / B2 visa in June 2017 and in December 2017 I applied I-539. In February 2018 I was seen available by the Visa Bulletin and I applied the Adjustment (i-485) in July 2018. I have already fingerprinted I-.485 and I-765.It happens that in November 2018 I received the notice of denial of the I-539 with 33 days to leave the country. My I-94 expired in December 2017. That is, the denial of the extension arrived after the application of the Status Adjustment. So, I am illegal and / or in an authorized period of permanence? Should I file a motion? If the motion is filed and pending, can I have I-485 approved or will it be denied when I-539 was pending?
    I will appreciate the above clarifications

  2. #2
    Join Date
    Sep 2010

    Default Re: I-539 Denied After I-485 Pending

    While you are free to apply to adjust status while you were still in status without accuring illlegal presence, as soon as you're turned down, your illegal presence time is calculated from the time you WOULD HAVE BEEN out of status had you not applied. You've been out of status since last December.

    File a motion for what? Your whole situation makes no sense whatsoever. First off you throw out form numbers willy-nilly without any indication what basis you had for making the applications. if you are not a citizen or an LPR, YOU can not file an I-130. That is done by your US national relative. If the person was a LPR rather than a US citizen, your time to get that processed is indeed a long time. Trying to shorten it with B1/B2 visas is not legtitimate and that is almost certainly why your I-539 extension was rightfully turned down.

    You should consult an immigration attorney to make sure you've submitted all properly, but rightfully you should get out of the US during the time allotted lets you be deported and barred from re-entering (if that hasn't happened already).

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