Legal Question in Immigration Law in Florida

You have to provide additional information to enable an attorney to comprehend and answer your question.

Were you in the USA all these long years waiting for the I-130 priority date to become current?

If yes, on what status have you lived in USA?

What is your country of birth?

Why the I-485 was denied (the official reason in denial letter)?

The I-765 and Advance parole might have been approved, but they are no longer valid if the I-485 was properly denied.

A case-specific legal advice (as to what you shall do) cannot be given through a public forum.

If you would like us to review your documents and want to schedule a telephone consultation, please email at Attorney [@] law-visa-usa.com

Web: www.law-visa-usa.com

There's plenty of information for me to assist you.

Since you are the beneficiary of a petition filed by a sibling (and because only U.S. citizens may petition for siblings) it appears your petitioner is a U.S. citizen . This would put you in the 4th Preference Category for Family Members. When your I-485 was filed in February, you were subject to the visa bulletin in effect at that time (see http://travel.state.gov/visa/frvi/bulletin/bulletin_4417.html).

If you are not from China, Philippines, India, or Mexico, then the priority dates which were accepted for the February Visa Bulletin (see link above) were February 15, 1998, and earlier. Since your PD was 02/18/1998, you were in fact a few days too early. The March Visa Bulletin would have allowed you to file -- but you are subject to the bulletin at the time you file. Right now, for August (see http://travel.state.gov/visa/frvi/bulletin/bulletin_4539.html) the cutoff date is 12/22/1998.

It's not unusual that your Advance Parole and EAD card was issued. But they are now revoked as of the date of your denial. Since there was no visa available to you when you filed the I-485, if you QUALIFY for adjustment the ONLY option is to re-file --- there is no other choice. Your I-485 was received in February (the date from which the application's processing is measured), not the March notice date. So, the February Visa Bulletin applied, not the March bulletin.

It is highly recommended that you have an attorney review your application. You will want to be certain that you qualify to adjust status before you file again. If you need further assistance, please contact me.

Sincerely,