Legal Question in Immigration Law in California

Consequences of 485/130 denial

Here are the facts. My 485 was denied. My USC husband's 130 was denied. We were unable to establish bona fide marriage at the initial interview due to inconsistent answers and lack of commingling of assets. We did not respond to a NOID, and as a result, everything was denied. We are not reapplying. It has been 3 months, and I have no NTA yet, although the district director's 485 denial notice requested that I depart. I plan to depart in 2 months. My question is: Am I still eligible for immigrant benefits through my US citizen father? He will be citizen in 2 years. Will I get a denial by consular processing? is this game over for me and any future plans for permanent residence and reunification with my parents in usa?


Asked on 6/05/09, 3:05 pm

3 Answers from Attorneys

Daniel Hanlon Hanlon Law Group, P.C.

Re: Consequences of 485/130 denial

Dear Inquirer:

If there has been a finding that you engaged in marriage fraud, you will be barred from the approval of any future petitions under Section 204(c).

You must be prepared to explain any inconsistencies in the future regarding the marriage, since you neglected to respond to the NOID.

I recommend that you email [email protected] or visit www.hanlonlawgroup.com if you would like further information.

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Answered on 6/10/09, 12:45 am
Ellaine Loreto Law Offices of Ellaine Loreto

Re: Consequences of 485/130 denial

Hello:

You may be eligible to apply for immigration benefits. It will depend on whether you entered legally, whether you may have crimes and on whether your previous application may have been submitted on or before April 30, 2001. It will also depend on the amount of time you have accrued unlawful presence.

To discuss your specific case further, kindly email me at [email protected], or refer to our contact information on our website at www.loretomedinalaw.com. We offer a FREE initial consultation and PAYMENT PLANS.

Note: The above response is provided for information purposes only and should not be construed as legal advice, nor to create an attorney-client relationship, which can only be established through payment of consideration.

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Answered on 6/05/09, 3:10 pm
Joseph La Costa Joseph La Costa, Attorney at Law

Re: Consequences of 485/130 denial

You really should consult an Immigration Attorney, because there are many ways to get residency, some of which you may already have. This matter is complex and you should not try to do it yourself so you should get an attorney to discuss your options. If you are located in Southern California, you can email me your contact info, so we can discuss your particular situation. There is no charge for consultation

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Answered on 6/11/09, 1:43 pm


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