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  1. #1
    Join Date
    Nov 2008
    Posts
    3

    Default Deportation After Withdrawal of I-485

    I have a situation that I need an answer to as it has got me Almost drove crazy.I am a USC and married to a foreign national and we filed I-130 and then I-485 at the beginning of this year and all went well with that process. To make a long story short, we had the interview 5 months later which was a nightmare. The officers were rude and all but accused us of not having a bona-fide marriage. I became very discouraged and quite upset during the interview as they were very intimidating and sorry to say I requested that the application be withdrawn as my pride got in the way. I am sorry now that I did that after much hard work and hard earned money gone and wished that I could have that day back again as I would not have given up under the pressure. We went back to my husband`s country and we want to re-apply for his Visa. Our marriage is as bona-fide as they get and will be together "till death do us part". My husband and I are trying to get things together to restart the Visa process. At the time of our interview we had just moved (1 month prior) and submitted the change of address form BUT I am expecting since I withdrew the petition, they did not even process the new address in the system. So, we did not receive the notice of denial at our new address BUT did receive a notification thru the USCIS website that the I- 485 was denied as we knew was gonna occur. I called the 1-800 number as per the instructions on the email that states that if you have not received this notice within 30 days of the August 14, 2008, please call customer service at 1-800-375-5283 for further assistance. I did just that and they mailed a copy to the new address and my sister then sent me a copy of the denial notice that states (as we knew already) the reason for the denial was that I withdrew the application and that a hearing would be available and we could re-apply or if my husband was willing to depart the US at his own expense, then please contact that office with the details of the planned departure date. The problem is that we left the US before we received this notice and so my question is are we going to face any hurdles or do we have to file an I-212 even though he was here legally the entire time and then left shortly after the application was withdrawn as not to be out of status. I have read several websites on the I-212 and I am not so sure at this point of what is correct. I read on one site that I-212 Waivers are Hardship waivers for legal entry into the United States following deportation or removal proceedings, or following a voluntary departure from an unlawful presence in the United States. Since my husband was not unlawfully present.... this would not apply correct? He was Legal the entire time that he was in the USA and when I withdrew the application, we left quickly in order to prevent him being out of status. I just want to be able to put my weary mind at ease and proceed ONCE AGAIN, this time to the end and I need some advice from someone who knows. Many Thanks in advance.

    Oregon

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

    Default Re: Deportation After Withdrawal of I-485

    Have you gotten around to informing the USCIS of his departure from the U.S., within the confines of whatever dates they specified? Do you have documentation (e.g., passport stamps, plane tickets) to establish travel dates if the question comes up?

    You haven't yet stated that he's ineligible to reenter the United States. Is he? (If you don't know, we can't know.) What's the basis for ineligiblity? Overstay? If he's ineligible, he needs to seek a waiver. That would be tricky if you're living with him; what's the extreme hardship he can allege you to be suffering due to his absence?

    It would be very sensible for you to get help from an immigration lawyer.

  3. #3
    Join Date
    Nov 2008
    Posts
    3

    Question Re: Deportation After Withdrawal of I-485

    No I have not as I was not aware that we needed to as I stated in my post that we left shortly after I withdrew the application, BUT I will now. Yes, I have the Intinerary as well as stubs from the plane tickets and passport stamps. As far a dates that they specified, I am not aware of what they may be as we left the country. As far as being Ineligible for reenrty I am not sure.... he was NEVER illegal while there and as I stated before we left shortly after the application was withdrawn therefore he was never out of status. He didnt have an overstay or anything that would be viewed as being illegal. A waiver for what is my question.... and why can`t I be living with him? Since we departed the country shortly after, we did not have receive a notification instructing us of what to do.

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