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  1. #1
    Join Date
    Aug 2007
    Posts
    2

    Post I-130 Approved But I-485 Denied, and In Removal Proceedings

    Hi everybody,
    I'm so glad found this site. I have some kinda immigration problem. and can't even sleep!!
    I'm In Detroit, MI and i'm married with US citizen, and couple months later i received NTA, ( cuz i went to INS with my wife for her citizenship interview and their grabbed me, was sucha stupid move, isn't it?? ) and i'm in removal proceeding. court date oct 10th, and went thru interview and I 130 approved and my Work authorzation card on its way. 130 approved even before i got my work premisson.And same day of interview, my lawyer sent a termination letter to DHS, but i just got a letter from DHS saying they denied my I 485 and i have to appear in front of imm.judge in removal proceeding.!! . The reason is I "-- had been charged wth 3rd degree retail fraud ( i did very stupid thing in 2001 that is shoplifted for $280 worth of useless shxt ) and --no longer attending school instead was working"!! that was the reason. so I'm so worried about that.... my laywer got this letter, too. but no idea what he's gonna do? he's been busy and haven't talked to him yet!! can he save me? Is that real big problem for me? what's gonna happen in court.?? I have noone to ask.....

    Please help and give me some headsup, if u had such a problem or know someone had !!! I can't even sleep taht i'm worring about they may grab me again put me on plane!!!
    Thank you very mucha nd all ur help is appreciated.

    hohmgl.

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

    Default Re: I-130 Approved But I-485 Denied, and In Removal Proceedings

    Third degree retail fraud is a 93 day misdemeanor, and you may be able to get the USCIS to regard it as falling under the petty offense exception (even though it's a crime of moral turpitude). It doesn't help you any that you've stayed in violationof your student visa and have been working illegally - that seems to be what you've stated - which very much complicates your situation. You're making your lawyer earn his fees.

  3. #3
    Join Date
    Aug 2007
    Posts
    2

    Question Re: I-130 Approved But I-485 Denied, and In Removal Proceedings

    Thank you very much for respond and ur time.
    what is 93 days misdemeanor means? i was supposed to do something??
    i just paid the fine of $250 that judge ruled. i did not do any community work or been on probation. unless, i did not even know till this time !!
    and another thing, i plead guilty!! by that time,2001, i did not have a laywer and i just wanted to get it over and i was pretty new to this country and such a thing.
    then I thought it was my fault, so i said i'm guilty. wish i knew i should not say that!! How bad is that that plead guilty???!!
    about my working illegally: when i was in custody, i can not lie and so i told them everything where i worked...what i was doing...etc.
    do u think they will check with my former or current employers about me? i don't wanna put them in trouble!!

    I just got my work authorazation card yesterday, that means they will approve my 485? because, it looked like DHS issued the card, and my 485 denial letter was from DHS, too!!!! if they denied my 485, why they issued me E.A.CARD??

    so many questions and so many guesses!!! all ur advise is really appreciated
    well, thanks again.
    hohmgl.

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: I-130 Approved But I-485 Denied, and In Removal Proceedings

    A 93-day misdemeanor is a misdemeanor carrying a penalty of up to 93 days in jail. Michigan classifies a few misdemeanors as 93-day misdemeanors, as fingerprint retention laws are different for crimes punishable by less than three months in jail. (The state wants to retain fingerprints of shoplifters.)

    You need to be discussing your concerns with your lawyer.

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