I-485 denied due to invalid status in past

[hi_mkg]

Hi Friends,

Recently, my brother's wife got GC-rejection. Though, my brother has already received his GC. The reason is : her status was invalid for a month in US. She got different I-94 expiration date than him during her first visit in 1999, though they landed here together. But, her I-94 expired earlier than my brother and he extended her Visa based on his I-94 expiration date. My brother did not realize it until now.

What are her option now? The attorney is applying for re-consideration based on husband & kids status (US born), but, they said chances of the acceptance are very slim. They are well settled here. Now, they need to go back to India just because of her GC-rejection. And of course she can not come back here again unless she applies for H1-B. This is very devastating for them after living here for more than 10 yrs.

Has anyone faced similar situation earlier. I guess it is a very common mistake and there must be some solution. Please share your thoughts/experience.

Thanks,
hi_mkg

[chi_shark]

Originally Posted by hi_mkg

Hi Friends,

Recently, my brother's wife got GC-rejection. Though, my brother has already received his GC. The reason is : her status was invalid for a month in US. She got different I-94 expiration date than him during her first visit in 1999, though they landed here together. But, her I-94 expired earlier than my brother and he extended her Visa based on his I-94 expiration date. My brother did not realize it until now.

What are her option now? The attorney is applying for re-consideration based on husband & kids status (US born), but, they said chances of the acceptance are very slim. They are well settled here. Now, they need to go back to India just because of her GC-rejection. And of course she can not come back here again unless she applies for H1-B. This is very devastating for them after living here for more than 10 yrs.

Has anyone faced similar situation earlier. I guess it is a very common mistake and there must be some solution. Please share your thoughts/experience.

Thanks,
hi_mkg

what? no help from 245k? isnt that supposed to be your savior for out of status under 180 days?

[chi_shark]

Originally Posted by hi_mkg

Hi Friends,

Recently, my brother's wife got GC-rejection. Though, my brother has already received his GC. The reason is : her status was invalid for a month in US. She got different I-94 expiration date than him during her first visit in 1999, though they landed here together. But, her I-94 expired earlier than my brother and he extended her Visa based on his I-94 expiration date. My brother did not realize it until now.

What are her option now? The attorney is applying for re-consideration based on husband & kids status (US born), but, they said chances of the acceptance are very slim. They are well settled here. Now, they need to go back to India just because of her GC-rejection. And of course she can not come back here again unless she applies for H1-B. This is very devastating for them after living here for more than 10 yrs.

Has anyone faced similar situation earlier. I guess it is a very common mistake and there must be some solution. Please share your thoughts/experience.

Thanks,
hi_mkg

i am thinking that this is a liar's post... i am very surprised that USCIS went to extent of finding H4 inconsistencies and denying a dependent GC... that would take the cake... it makes it sound like USCIS is out to catch people with the smallest slightest mistakes... i do not think that is the case...

[Roger Binny]

I believe the same post sounds some what fishy, check this guys posts all the way back from 07 to till now.

posts

USCIS going all the way back to 1999, that too dependent's I-94 card which has a month expired.

Why on earth an attorney didn't suggested to use nunc pro trunc which facilitates saying person is maintaining legal status after the recent entry.

[hi_mkg]

Originally Posted by chi_shark;339576[B

]i am thinking that this is a liar's post.[/b].. i am very surprised that USCIS went to extent of finding H4 inconsistencies and denying a dependent GC... that would take the cake... it makes it sound like USCIS is out to catch people with the smallest slightest mistakes... i do not think that is the case...

What do you mean? I'm asking a genuine question which happened to my brother. If you can not understand someone's pain and can not offer any help then what are you doing here? Bashing people with such kind of remarks and playing with their sentimence...

I'm going to report this post to Moderator..

[hi_mkg]

Originally Posted by Roger Binny

I believe the same post sounds some what fishy, check this guys posts all the way back from 07 to till now.

posts

USCIS going all the way back to 1999, that too dependent's I-94 card which has a month expired.

Why on earth an attorney didn't suggested to use nunc pro trunc which facilitates saying person is maintaining legal status after the recent entry.

What is your problem mister? What will a person get here to post a fishy message? If you can not offer any help then it is better to read and ignore. Instead of hurting someones feeling. I guess you do not understand how does it feel when some one tells you " you will be thrown out from this country with in few days after spending 10 yrs here".

Any way Good luck to you for your GC!!! and I wish that you will not face this kind of pain of rejection.

Though, I'm really sorry to see such kind of arrogant and bad-mouth people in this forum.

[Prashanthi]

Based on the facts that you have given, you should be able to use 245K in this case.

[hi_mkg]

Thanks Prashanthi for the help. I'll ask my brother to talk to his attorney about 245K option.

With warm regards,
hi_mkg

[conundrum]

One of friend is in a similar boat. While she was on her F1 she worked without authorization and since then she changed her status from F1 to F2 and finally to H4. Her husbands GC was approved, but hers wasn't. So now the attorney has filed for appeal based on 245K, as he feels that since she has left and country and re-entered it on multiple occasions on a different statuses the immigration officer should only look for inconsistencies in her application only from the time of last legal entry. Does this approach make sense. So what is her status now?