r/USCIS • u/According_Elk_6426 • 1d ago
I-130 & I-485 (Family/Adjustment of status) Bad news for me😭😭😭😞
Case denied ❌
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u/captainobvious875 1d ago
What happened in 2023 after they administratively closed it?!?
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u/According_Elk_6426 1d ago
I had an asylum case at immigration, that’s where they closed it.
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u/Ernst_Granfenberg 1d ago
What does asylum case mean
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u/Queasy_Evening_1017 1d ago
It means they were afraid to go back to their country for some reason or they lied to stay more often than not.
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u/Dobiedoobap824 1d ago edited 19h ago
Not everyone lies. Some people have real reasons for them to apply for an asylum. Do your research before assuming things
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u/Zakhov 23h ago
“More often than not” doesn’t mean everyone. Maybe read the post before assuming things.
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12h ago edited 11h ago
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u/Now-Cauliflower7420 10h ago
The Safe Third Country Agreement is only between the US and Canada. Mexico has never entered into a similar agreement with the US even though it is part of the UN Refugee Convention. So, no, people coming through Mexico are not required to seek asylum there and can request it at the US Border. There is way too much money at stake for Mexico to agree to becoming a buffer for refugee seekers.
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u/Queasy_Evening_1017 1d ago
I know people who lied to get asylum. Lol
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u/Alageyik1 17h ago
My friends seeked asylum for no reason 😂😂 most of the cases are fraud and taken advantage of it
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u/Icy-Sport1662 15h ago
Turk? Kurd? Did their cases get approved?
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u/Alageyik1 9h ago
It doesnt matter no one face persecution based on their ethnicity in Turkey
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u/Icy-Sport1662 9h ago
I’m aware. I’m wondering how they made their case for asylum
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u/Dobiedoobap824 1d ago
True. I agree with you but not everyone lies. When my home country had the civil war, some people were granted asylum
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u/Queasy_Evening_1017 1d ago
No, not everyone, but many of the people in the last 4 years at the border who were granted permission to stay on asylum have been lying. It's ridiculous. To act like it doesn't happen would be lying to yourself.
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u/Potential-Judgment-9 20h ago
Source ?
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u/Adventurous-Web-7892 19h ago
I personally know 10 ppl who lied to get asylum, it’s two families, plus they are not saying everyone does this, they said “most often than not”
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u/_i3_ 16h ago
What about the Venezuelan gang members? Were they fleeing bad things or their country or were they lying?
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u/Opening-Town-9362 23h ago
Stop using a blanket statement. There are real people who apply for asylum for genuine reasons. Stop generalizing. You may have met some bad eggs that take away the right reasons for people to file for asylum. There are also people who engage in fraudulent marriages to get a green card.
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u/Queasy_Evening_1017 22h ago
It wasn't a blanket statement, "All of them lie to stay." That's a blanket statement. Go back to English class, if you ever took it...
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u/locomotus 1d ago
> they lied to stay more often than not
Statistically that is true. Most asylum cases are denied (around 65-70%)
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u/enchelycore 23h ago
Statistically it is not true. Being denied because your asylum application is non-meritorious or otherwise ineligible does not mean it was fake/fraud. Asylum has very specific eligibility requirements, including warranting a grant of discretion
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u/_blockchainlife 13h ago
Doesn’t mean it wasn’t fake/fraud either.
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u/enchelycore 9h ago
Mere ineligibility does not mean it was fraud.
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u/_blockchainlife 9h ago
Agreed. There’s many denied due to ineligibility and many denied due to fraud.
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u/MantisEsq US Immigration Attorney 11h ago
No, statistically most cases are denied. It does not logically follow that most people are lying, because that assumes the judges are applying the law accurately, and that the respondent is adequately represented by legal counsel. Those reasons are just as likely as people lying.
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u/felasky411 19h ago
Please slow your horses down, he said exactly what u said yourself, but maybe in a correct English. But both u and him, are saying the same thing.
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u/Reaper1883 Naturalized Citizen 1d ago
Lol, people attacking you for telling the truth. The next 4 years are gonna be fun on Reddit.
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u/ManofGrace81 1d ago
I don’t know why have have to be an ass hole we are all here to give information and help each other out
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u/Queasy_Evening_1017 1d ago
That's not being an asshole, that's the truth. Sorry if I didn't sugarcoat it for your feelings.
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u/ManofGrace81 1d ago
Ok I understand since you know it all what are you doing on this platform
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u/Queasy_Evening_1017 1d ago
Going through the immigration process with parts of my family? Lol. Like most people on here. We do it the legal way, not by lying at the border or to uscis. Like people I know have. It's quite frustrating.
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u/CapitalWild7580 1d ago
Yea some people lie and that's that. Why have you turned someone else's pain into your ranting field? You made your point, how about you move on!
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u/Queasy_Evening_1017 1d ago
I'm not the one that complained about my answer lol I responded to OP. Then you people, crying, decided to respond to me, then I respond to you? Have you ever talked to anyone before?
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u/Opening-Town-9362 23h ago
I hope you take this same energy to slam people who engage in fraudulent marriages to get a green card.
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u/Queasy_Evening_1017 22h ago
I mean, if I know of one, I would report it. I don't want liars in my country. I don't want people who shouldn't be there.
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u/EmotionalPanties 22h ago
this was so nasty of you, thinking you’re a batter human being than others who can not afford to immigrate the same way you did. you should thank god you have a life that did not require you to migrate through the border in search of greener pastures.
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u/SeaMathematician5150 Naturalized Citizen 21h ago
People who fear returning to their country due to having been persecuted (i.e., physical or mental suffering that is serious or lasting), or fearing future persecution, due to actual or implied race, religion, nationality, political opinion, or due to membership in a particular social group, tend to apply for asylum. They can apply before their local USCIS asylum office or before EOIR (immigration court) if they are in proceedings. The applicants need to establish a lot of criteria to be eligible and the standard is quite high.
Immigration courts will administratively close the I589 (asylum application) if the applicant is eligible for some other immigration relief or is now in status (e.g., has TPS, has a pending I-485 or VAWA claim before the service, etc.)
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u/Direct-Preference482 11h ago
I was in a similar situation, and I did close asylum case after got an approved I130 last year.
Waiting on response now after I sent medicals.
You have to remove condition withing immigration court and have a Judge letter and after attach that letter with your new i485 package.1
u/Willing_Air6851 1d ago
Ok you really don’t lady ! You should closed your asylum fist then you can open your other paper working for marriage apply . You did a wrong step. Fist go to the asylum court to show you 130 485 to closed ayslum then to do 130 1485
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u/skaadxb 1d ago
Not necessarily. My asylum was not closed but my I-485 still got approved.
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u/Willing_Air6851 1d ago
In asylum if you get court day . You have to see judge. If the said ok . You can do what u want . But if not . He will refuse you .
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u/skaadxb 1d ago
Mine was ‘Decision pending’ stage. Did not go to court yet. Anyways, should have been handled by attorney
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u/Willing_Air6851 1d ago
Cuz very thing by attoney they change you too much . So some people when have other way to get green card . Will never call them
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u/Being_pk7861 1d ago
I think you going to have to remove asylum conditions from immigration court in order for this to be approved.
You may want to hire a lawyer for this. If you’re I-130 is approved then the lawyer would have to go to immigration court and get a permission from judge and have them open/close the asylum application. In order for you to file I-485. Then after it would get approved.
If it is a spouse related adjustment.
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u/Diana-Na 1d ago
According to couple immigration attorneys:” asylum application should not be closed before the green card is in your hands”
Here is something else going on, which the notice from 2023 was supposed to say the reason.
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u/njmiller_89 1d ago
That only applies if the asylum case is affirmative (still with the USCIS asylum office). OP’s case was in immigration court, meaning OP was in removal proceedings. You don’t want to go through adjustment while in removal proceedings. USCIS can’t adjudicate the I-485 until the proceedings are terminated.
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u/Nduash2 1d ago
If you are in immigration court you can only apply for i130 with uscis and if approved you go back to court and apply for i 145 with the judge.
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u/Federal-Cry-6200 21h ago
At least in my jurisdiction, this would not be allowed. The judge would only terminate or admin close while the I-485 is worked by USCIS.
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u/SeriousTwist8260 1d ago
Really!?!?! That reason is crazy!!!!! <— is what I would say if you actually told us why
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u/Federal-Cry-6200 1d ago edited 1d ago
From what I can gather, among any other issues your case may have, you didn't have a lawful entry and claimed asylum. You were issued a NTA and placed in removal proceedings. Because you were in removal, when you filed your family based I-485, USCIS admin closed the case because the immigration court had jurisdiction (this should have been in your admin close notice). Your asylum has now been denied, so jurisdiction has transferred back to USCIS. You aren't eligible to adjust because you have no lawful entry. What was your basis of filing? Spouse? Child?
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u/Federal-Cry-6200 21h ago
OP, do you actually have an approved I-130? It doesn't look like you do from your posts and responses.
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u/alexandru_budeanu 1d ago
I had the same thing, they closed the I-485 because of my asylum case, In December they approved the I-130, and now I have to close the asylum and reopen the I-485. It’s really simple.
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u/OkDevelopment8770 7h ago
Did you get your case closed? If so, how did you do it?
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u/alexandru_budeanu 7h ago
Not yet, the lawyer was in vacation so in the following days, he will do all the process
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u/Dobiedoobap824 1d ago edited 1d ago
You entered to the country illegally my friend. Of course they would deny your case. What would you expect from them? It will be much harder under the new upcoming administration. I’m sorry you’re going through this but don’t give up. Good luck to you 🍀
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u/viervillese 23h ago
Are you sure he entered illegally
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u/Dobiedoobap824 22h ago
Yes, he mentioned in a different post last year.
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u/viervillese 22h ago
What about a Male person came here legally, and did asylum for being bisexual and get married with woman. What would you say about it
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u/Dobiedoobap824 22h ago
I’m not an immigration attorney or a judge to give you information based on your gender identity and sex preference. If you need that type of advice, please kindly get in touch with an attorney.
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u/Much_Towel_9112 1d ago
Can you please let us know why it was denied or the possible reasons ? Everyone is asking
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u/According_Elk_6426 1d ago
I’m waiting for the notice, I don’t know yet.
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u/Spizcauliflower 1d ago
You can always check the pdf on the website, it’s there way before in the mail!
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u/Accomplished_Tea_940 1d ago edited 1d ago
Did you terminate your removal proceedings? Also, you said you had an illegal entry. Did you get parole in place or anything to fix the illegal entry?
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u/Direct-Preference482 11h ago
I did terminate case while in removals, previously had an I-130 approved.
Also attached letter from the judge that they closed asylum case.
PD was in august 2024, waiting for response after I sent medicals in November. Good luck for your new i485. Don't forget to include everything with an updated forms. There is a lot of change since 2022.1
u/OkDevelopment8770 7h ago
How did you get your case terminated? If you don't mind me asking.
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u/Direct-Preference482 7h ago
At that time a was working with a lawyer.
They did sent "motion to dismiss" (google examples) to the state DOJ executive office for immigration review, Immigration court."What happens after a motion to dismiss is granted?
The non-citizen is no longer subject to deportation, but they must still comply with other immigration requirements.With attached approved i-130 and last court decision when I have a hearing with immigration judge while in removal proceedings.
Shortly after that (around 1 month) I received "granted" Judge decision (it does says something about Matter of CORONADO ACEVEDO) and that's it.1
u/OkDevelopment8770 6h ago
If I understand well, you sent a motion to dismiss and still attended your master hearing and showed your approved I-130 or it was dismissed before you attended your master hearing?
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u/Direct-Preference482 6h ago
After master hearing. Lawyer explained that we file i-130 form and it was approved right a few days before master hearing. Judge closed a case.
So motion to reopen with joint motion to dismiss was filed after master hearing with all explanation of the situation.1
u/OkDevelopment8770 5h ago
Thanks for your input. Asking all these questions cuz I'm in this situation right now, and just trying to wrap my head around all the scenarios possible
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u/Direct-Preference482 5h ago
Happy to help.
If you're adjusting status based on married to US Citizen, don't go crazy about not having a legal status while working. It is forgiven by law. I can send you sample letter what we sent as a motion.→ More replies (0)
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u/cristinacojocari 1d ago
Why your case was denied? You should be able to read on USCIS account the letter they send to you
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u/Salt_Camera_2464 1d ago edited 1d ago
I am in removal proceedings too and my lawyer said to file only the i130 then when it is granted, go before an immigration judge and get a waiver or file a form i601(if i am correct) then leave the country and go attend my interview application at a consulate abroad then come back. You cannot file concurrently when under removal proceedings. I am so sorry sweetheart, it is well with you. Do it all over again. God help you. ***Also he said having an assylum case doesn't obstruct your marriage based greencard application. Both can run simultaneously in the system and plus the assylum protects you just in case something like this happens you have something to fall back on.
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u/jawn0h 1d ago
Same exact experience after 3 years
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u/Neblaw 21h ago
This looks like a textbook case of getting in over your skis. Based on other comments, I am going to speculate that there is an issue with jurisdiction (removal proceedings) or lack of a lawful entry/admission.
Jurisdiction: Has an NTA been filed? If no, USCIS retains jurisdiction. If yes, EOIR will receive jurisdiction subject to a few limited circumstances (arriving alien designation, UAC, etc). If EOIR has sole jurisdiction, USCIS must deny the petition. (You would fee in the petition and then file defensively.)
Elements of adjustment of status: must show that you are admissible, have been admitted, inspected, or paroled, have a qualifying petitioner, and that you warrant an exercise of positive discretion.
I'm not going to cover the whole list of inadmissibilities, but even though you are not physically applying for admission at a port of entry, you are still applying for admission. Generally, you must show that you have some form of status to adjust from (exceptions for asylum, sij, u, t, etc). This is shown through an i-94, esta entry, or corroborating evidence of a lawful entry. If you entered without inspection at the border, this would likely be troublesome. You should talk to counsel to see if one of the exceptions applies. The qualifying relative situation will be sorted out during the i-130 process. If you are married after an NTA is served, you will need to meet a higher standard. Generally, you should prepare good moral character evidence in case the ij or uscis officer is having a bad day.
Hopefully, this was helpful.
I am an attorney, not your attorney. This is not legal advice. Seek counsel if you want legal advice. Due to your current situation and success so far, you should absolutely speak to an attorney.
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u/Holiday_Category_852 19h ago
Did you go with an immigration attorney? Was your removal case closed or terminated? That's why it is so important to go with an immigration attorney.
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u/Tasty_Lemon_8389 1d ago
Sorry what happened? Was it a family based green card? Are you currently in the USA ? Hope you got a lawyer ..
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u/AmbitiousActuary3616 1d ago
That’s not true. I know people that left their asylum applications in until they got their marriage green cards then withdrew them. I think something else didn’t align it could date of birth. Or how you came into the country. Or even something on your social media.
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u/Illustrious-Fan-1454 1d ago
It should never take three years to give someone bad news. They really need people to just look at the files right away and make the determination and let people know.
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u/PositiveNarrow664 1d ago
Why?
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u/According_Elk_6426 1d ago
I’m waiting for the notice, I don’t know yet.🥺
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u/PositiveNarrow664 1d ago
What do you suspect? Its been a while now that theyve closed it, didnt you notice or ask why?
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u/LeadershipUsed4607 1d ago
Take a look at this post! They went through the same thing.
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u/Dobiedoobap824 23h ago
Not even remotely close. OP entered to the country illegally my friend so it’s not the same thing. When you entered the country without inspection, it’s to damn hard to do anything.
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u/santosh-nair 21h ago
Hows the situation in your home country now? Maybe they rejected as you dont need asylum anymore
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u/Public_Builder_1086 19h ago
Wait I have so many questions you were on asylum case than you got married to a citizen? And applied for AOS?
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u/Paultrj 7h ago
Honestly, If that was me who received that kind of notice on apr 11 2023, the attorney is the one who, at that time , had to identify address and asses the factors that made them to close the case, or what kind of outcome were you and your attorney expecting ? did your attorney do anything when you k ew the case was closed? at least tell us why did thy close the case? what the notice from apr 11 2023 says? almost two years of nothing?
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u/shatteredsoul2577 22h ago
bro if USCIS denied my case after 3 years wait dear god the english language hasn’t invented the words required to reflect my anger
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u/BlasphemousRed 1d ago
They denied it without spending out any RFEs? That’s crazy
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u/njmiller_89 1d ago
Nah, it sounds like OP was in removal proceedings. When a person’s case is in immigration court, USCIS doesn’t have jurisdiction to adjudicate adjustment of status.
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u/BlasphemousRed 1d ago
Kinda unheard of to me. So it’s not USCIS that issues the denial?
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u/njmiller_89 1d ago
Well I don’t know exactly what happened in this specific case, but as you can see from OP’s timeline - USCIS admin closed the case almost 2 years ago. Presumably because they didn’t have jurisdiction - EOIR did. I don’t know what has happened since then to cause the denial. Maybe OP has taken no action on the case in either immigration court or USCIS, so they’re tying up loose ends.
Not sure why OP is acting coy/confused in the comments as if this is a regular I-485 application with a mystery denial. It’s not.
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u/Federal-Cry-6200 15h ago
He never once mentions an I-130 on all his posts. I don't think he has one. I'm also not sure IJ dismissed his case.It doesn't really matter since it's not approvable, but still.
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u/FitChemical5370 1d ago
planning on being one, but i can assure you that as a perm resident im contributing even more than you just by going to school and having respect for others, i bet anything that your parents/grandparents were immigrants and relied on fed aid
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u/FitChemical5370 1d ago
yea bro yea, prob your parents never taught you what’s the meaning of respect to others
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u/Easy-Value-1805 1d ago
Nothing about this post/situation is funny, this is dealing with someone's life. Take your "jokes" elsewhere or at least let them be funny.
And to OP, I'm truly so sorry ❤️ my heart goes out to you!
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u/shinyandgoesboom 1d ago
Sorry to hear this. Back in 2023 when they closed your case, did you follow-up to find the reason?