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All other Green Card Issues I-140/I-485, Family Based Green Card

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Old 11-30-2012, 07:40 PM
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Join Date: Nov 2012
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Benjito84 is on a distinguished road
Default Please help. Adjustment of status(AOS) through 245i/i485a supplement

Hello fellow members. I've recently joined this forum and must say its been the most informative and helpful. I want to thank you in advance for taking the time to read my story and answer my questions.

My name is Ben and here's my moms story first in order to fully understand mine.

1991 EWI (ben 7yrs old) with rest of the family
1995 I-130 filed for mother by LR grandmother
2000 grandmother died I-130 fell through
2011 my mother married a USC and was petitioned I-485/484a I-765 I-130
She received her work permit then had her interview where the agent denied her (AOS) on the grounds that she hadn't divorced my father from Mexico when at the time of the the i-130 was filed back in 1995. LR are only able to petition for unmarried children.
Her lawyer had warned her about that specific possibility of denial. The IMmigration officer basically sent her on her way and told her she should reapply when this new law comes in affect where you don't have to leave the country until your actual interview date. (At least she got to keep her work permit for the time being)

Here's my story

2009 Meet my beautiful wife USC
2010 married
2012 filled with same lawyer as moms I-485a/i-130/I-765
Lawyer tells me that I have a better chance of getting approved as long as they don't realize my mother recently got denied on those grounds. He claims I'm a benifitiary of that old petition I would piggyback on my moms 1-130.
I asked him if they would have my mothers recent denial records in hand. He states that her case and mine are two different things.

I'm up for biometrics next week and just saw a change of status online on my I-485 for a Request for evidence I haven't received the actual letter yet. Haven't a clue what evidence they will ask for.

Has anyone gone through a similar process?
Does my mothers denial affect me?
If so would the interviewing agent have her case in hand ?
Is the world gonna end 2012 ? Jk. Lol

Please any information at all will help! I'm losing sleep and hair over all this

Thanks again!
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