I-485 Denied with no RFE - Valid DACA & Clean Record - Page 3

I hope things get cleared up soon!

If possible see if you can get an info pass appointment, but DON'T rely on phone calls for a level 2 as you may be more productive in person. Go to your local USCIS office and see if you can get an appointment in person to see a Level 2 officer AND their Supervisor. It is best to go with your lawyer as well.

It doesn't sound right that the national benefits center is ignoring an immigration judge's lawful order.

You or your lawyer may have to file a Mandamus lawsuit.

Sorry to hear you are going through this and hope it resolves successfully. My father also has a prior asylum case, which failed and got him deported (along with wife, children), really a nightmare. This happened in 1995. His case was found frivolous. Fast forward 29 years later since this happened. He now has his F4 visa date current (approved 1-130), with 245i protections. But due to this frivolous asylum case in 1995, he needs a 601-a waiver for fraud/misrepresentation, but does not have a qualifying relative (US Citizen\LPR spouse or parents). So …. We are seeking legal counsel into the possibility of having his prior political asylum case reopened and terminated, to hopefully clear up erroneous errors , fraudulent statements, misstatements, misrepresentations, is this at all advisable? Any thoughts are helpful. From anyone reading on this forum.

Further in your/this case when you “re open / terminate a case” do you actually go in front on an Immigration Judge ? And have someone from like DHS trying to prosecute you ? Or is it all done by legal motions/forms, and the applicant/beneficiary does not actually go in front of an Immigration Judge?

My father fucked up … by lying yes i agree too , but him and his family paid the price , we were deported in 1995, came back in EWI, in 1995, and he has been here since , 29 years later. Is otherwise a model person, done taxes , worked his entire life, no criminal history … except erroring in trying to find status for his family… which why I believe he said and did what he did in trying to apply for political asylum in early 1990’s/93/94/95, approximately.

His F4 Visa Date is now current with 245i protections…. We need legal counsel if there is anyway for him to AOS inside the country? He needs a 601/a waiver but does not have a qualifying relative.

Is it advisable to reopen / terminate his prior political asylum case ? Would this even clear up errors, misstatements, lying… ?

I have a friend whose mom submitted an asylum petition long ago and included my friend as a beneficiary. The asylum claim was non legit since they applied as Salvadorians being Mexicans. He temporarily got a SSN and work permit. The petition later was terminated due to not being applicable, obviously, and my friend got a deportation proceedings started. He never got deported due to this case.

However, he did get deported due to facing ICE when they went to his house looking for his cousin.

My friend came back from Mexico a couple of days after he got deported. Few years after he got married to USC and he is now a USC.

All of his immigration situation happened over many years. So I guess what I am saying is that your dad’s case might have a solution.

Thanks for sharing, did your friend’s mom ever fix her status ? Or is still undocumented?

She is USC now. She went the consulate route in Mexico. Spent two years in Tijuana.

Pre-IIRIRA proceedings are not exactly my forte.

On the bright side there is no permanent bar for frivolous asylum or permanent bar for unlawful re-entry after a deportation before April 1, 1997. On the flip side google is really bad for searching for stuff this old.

Suspension of deportation might be an option if he had 7 years of physical presence in US prior to the service of Order to show cause (basically what starts removal proceedings).

When it comes to clearing the finding of frivolousness - maybe it could be done - reopen and withdraw, argue ineffective assistance of counsel or argue that the facts presented were true (frivolousness requires fabrication, not that the claim was too weak to ever be approved), and maybe it'd work. Like I think the order would outright have to say that the finding of frivolous asylum is vacated.

Last option is - if he doesn't have a qualifying relative for a waiver - can you make one?

Got a USC sibling who could petition for your mother? Mother should have 245(i) eligibility by being a derivative of that F4 petition. Got a grandparent on father's side that could be petitioned why the uncle/aunt and then use one of those for an I-601?

Update: received decision on the i290b: case was reopened (i485 & combo card)

“The decision to deny the Form I-485 has been withdrawn. It is hereby ordered that a new decision on the Form I-485 be issued.”

They approved my combo card as well which is a relief because I’m still waiting on my DACA renewal.

Btw if anyone is reading this in the future, don’t bother checking your i290b or i485 status. Nothing changes, most of your notices will show up by snail mail. If you received approval for combo card, your i485 is probably reopened as they can’t approve it without a pending i485..

Now waiting to get adjudicated again.. The forever wait continues..

Congratulations on the positive movement of your case.

Congrats!