Legal Question in Immigration Law in Nevada

I-485 Denied

In august 2000, my husband(permanent resident) filed a petition for me and our 3 children all minors, on march 2004 we came to the U.S. with V visas, we didn;t know we have to renew our V visa, but we filed form I-539 on september,2005 and waited, nothing happened, I called, wrote,

etc, for a year and nothing, on octo-

ber,2006 I received a letter from nvc stating may case was current and the nvc was ready to start pro-

cesing my case, then I paid all the fees related to adjustment of sta-

tus, I went to the interview on june,2008 and on september,2008

I received a notice of decision stating my petition was denied for

Pursuant to title 8,code of federal regulations(8CFR)&245.1(b).

''(5)any alien who on or after 11/6

/1986 is not lawful immigration.....

except an applicant who is immediate relative as defined in section 201(b), I don't know what to do I am immediate relative I am a wife I been waiting for 8 years and now this decision I will appreciate is anyone can give me

some advice, thanking you in advance.


Asked on 9/15/08, 2:48 pm

4 Answers from Attorneys

Rachel Baskin Rachel Baskin, Attorney at Law

Re: I-485 Denied

If your husband is not a US citizen, then you are not considered an immediate relative for purposes of immigration law, and are not eligible to apply for your green card while in the US. You should contact an attorney to discuss your options at this point.

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Answered on 9/15/08, 3:22 pm
Marc Seguinot Seguinot & Associates, P.C.

Re: I-485 Denied

There is a warning regarding V visas:

If you have accrued more than 180 days of unlawful presence in the United States (or 365 days), then travel abroad and are admitted or readmitted as a V nonimmigrant, you have triggered a 3- or 10-year bar to admission. The law exempts V nonimmigrants from the 3- (or 10-) year bar for purposes of admission to the United States as a V nonimmigrant but does not exempt them from the bar when they later apply for an immigrant visa or for adjustment to LPR status. That means that although you will be admitted or readmitted to the United States in V status, you may be unable to adjust status to LPR unless an individual waiver for that ground of inadmissibility is granted. To the extent that you may be eligible, you may apply for the waivers found at section 212(g), (h), (i), and (a)(9)(B)(v) of the Act. you may only need a waiver to get you through. If the above situation is not the case for you, then there is most likely an error by the USCIS, a very common occurrence. I would have to review the denial. Call my assistant, and she will instruct you on what to do so I can review your denial and suggest a plan. Do not panic, okay. Noone is going to deport you. Good luck!

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Answered on 9/16/08, 1:21 am
Marc Seguinot Seguinot & Associates, P.C.

Re: I-485 Denied

There is a warning regarding V visas:

If you have accrued more than 180 days of unlawful presence in the United States (or 365 days), then travel abroad and are admitted or readmitted as a V nonimmigrant, you have triggered a 3- or 10-year bar to admission. The law exempts V nonimmigrants from the 3- (or 10-) year bar for purposes of admission to the United States as a V nonimmigrant but does not exempt them from the bar when they later apply for an immigrant visa or for adjustment to LPR status. That means that although you will be admitted or readmitted to the United States in V status, you may be unable to adjust status to LPR unless an individual waiver for that ground of inadmissibility is granted. To the extent that you may be eligible, you may apply for the waivers found at section 212(g), (h), (i), and (a)(9)(B)(v) of the Act. you may only need a waiver to get you through. If the above situation is not the case for you, then there is most likely an error by the USCIS, a very common occurrence. I would have to review the denial. Call my assistant, and she will instruct you on what to do so I can review your denial and suggest a plan. Do not panic, okay. Noone is going to deport you. Good luck!

Read more
Answered on 9/16/08, 1:21 am
Marc Seguinot Seguinot & Associates, P.C.

Re: I-485 Denied

There is a warning regarding V visas:

If you have accrued more than 180 days of unlawful presence in the United States (or 365 days), then travel abroad and are admitted or readmitted as a V nonimmigrant, you have triggered a 3- or 10-year bar to admission. The law exempts V nonimmigrants from the 3- (or 10-) year bar for purposes of admission to the United States as a V nonimmigrant but does not exempt them from the bar when they later apply for an immigrant visa or for adjustment to LPR status. That means that although you will be admitted or readmitted to the United States in V status, you may be unable to adjust status to LPR unless an individual waiver for that ground of inadmissibility is granted. To the extent that you may be eligible, you may apply for the waivers found at section 212(g), (h), (i), and (a)(9)(B)(v) of the Act. you may only need a waiver to get you through. If the above situation is not the case for you, then there is most likely an error by the USCIS, a very common occurrence. I would have to review the denial. Call my assistant, and she will instruct you on what to do so I can review your denial and suggest a plan. Do not panic, okay. Noone is going to deport you. Good luck!

Read more
Answered on 9/16/08, 1:22 am


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