Legal Question in Immigration Law in California

Application I-485 Denied

If I applied for adjustment of status using I-130 and I-485 in August 2002, and had my application denied, here is my question.

If I depart volunteerily, how much time must I wait before I am eligible to apply again? I am married to an American Citizen who gladly sponsors me, and wish to come here legally. I have been here more than 90 days and have not left the country. I have a clean record except for illegal entry, and have been told to depart immediately, or apply for a grant of volunteer departure. The notice reads, ''If you fail to depart from the US, proceedings will be instituted to enforce your departure. You may renew your application for status as a permanent resident during such proceedings.'' The application was denied because I did not complete the 245i or pay the $1000.00 fine as I could not prove that I came here legally.

Is it in my best interests to immediately re-file from the United States, or from Mexico? Will I be allowed to stay during the application process?

Thank you.


Asked on 10/19/04, 6:51 pm

1 Answer from Attorneys
Jacob Sapochnick

Re: Application I-485 Denied

Hi,

If you are in fact a beneficiary of section 245i, you might be able to complete the process from whithin the United States. I will need to check why the first case was denied and if you had no eligibility for adjustment in the first place, perhaps pursue the case from Mexico.

Feel free to call me at 619 819 92 04 if you wish to pursue this further.

Jacob Sapochnick

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Answered on 10/19/04, 7:36 pm


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