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US immigration problem :(

im a nurse. i went to the US with a tourist visa last june 2,2007. after 58 days, thru the help of an employer and its lawyer, i have filed for I-140 and I-485.. i waited for the answer from USCIS.. and my lawyer advised me to stay in the US so i can adjust my status.. my I-94 will be expiring by december 1, 2007. my lawyer said, i could stay in the US since i have a "grace period" of 6 more months.. around march or april 2008, she advised me to go home, she said my I-485 was rejected and i needed to go back to my home country because if i wont, i will not be granted a green card. i went back home last may 25, 2008. and when i got back here, i received an email from the USCIS that my I-140 has been approved. i did not receive the notification letter since it will be sent to the lawyer/employer.

now, do not know what to do.. if my petition for alien worker has been approved, what should my next step be?

and i am aware that it is imposible for me to go back to the US since I have overstayed and I have a petition... What options do i have so i can still go there even as a tourist? Help.:mecry:

Comments

  • storbo1229storbo1229 PEx Rookie ⭐
    first issue is that you overstayed for 4 months (less than 180 days) so 3 years ban lang. and it's already 2011 so yung inadmissibility mo e sort of wala na.

    second issue, why did your lawyer tell you that your petition has been rejected when in fact nakareceive ka naman ng email from USCIS 3 years later? are you sure it is an email from USCIS? but I am suspecting your I-485 (adjustment of status) lang ang denied kase inde na available yung visa for nurses at that time (2007-2008), hindi yung I-140.

    third issue, kahit approved na yung I-140 ngayon, you can't still apply for an immigrant visa at US embassy kase hindi pa current and EB3 visas (for nurses).

    fourth, in order to go back there as tourist again, you need to apply a new tourist visa since narevoke na yung dati mong visa when you overstayed. approval rate would probably be 10%.

    this is just an idea, magconsult ka pa rin sa immigration lawyer like Tancinco for "real" consultation.
    samnichitz wrote: »
    im a nurse. i went to the US with a tourist visa last june 2,2007. after 58 days, thru the help of an employer and its lawyer, i have filed for I-140 and I-485.. i waited for the answer from USCIS.. and my lawyer advised me to stay in the US so i can adjust my status.. my I-94 will be expiring by december 1, 2007. my lawyer said, i could stay in the US since i have a "grace period" of 6 more months.. around march or april 2008, she advised me to go home, she said my I-485 was rejected and i needed to go back to my home country because if i wont, i will not be granted a green card. i went back home last may 25, 2008. and when i got back here, i received an email from the USCIS that my I-140 has been approved. i did not receive the notification letter since it will be sent to the lawyer/employer.

    now, do not know what to do.. if my petition for alien worker has been approved, what should my next step be?

    and i am aware that it is imposible for me to go back to the US since I have overstayed and I have a petition... What options do i have so i can still go there even as a tourist? Help.:mecry:
  • samnichitz wrote: »
    im a nurse. i went to the US with a tourist visa last june 2,2007. after 58 days, thru the help of an employer and its lawyer, i have filed for I-140 and I-485.. i waited for the answer from USCIS.. and my lawyer advised me to stay in the US so i can adjust my status.. my I-94 will be expiring by december 1, 2007. my lawyer said, i could stay in the US since i have a "grace period" of 6 more months.. around march or april 2008, she advised me to go home, she said my I-485 was rejected and i needed to go back to my home country because if i wont, i will not be granted a green card. i went back home last may 25, 2008. and when i got back here, i received an email from the USCIS that my I-140 has been approved. i did not receive the notification letter since it will be sent to the lawyer/employer.

    now, do not know what to do.. if my petition for alien worker has been approved, what should my next step be?

    and i am aware that it is imposible for me to go back to the US since I have overstayed and I have a petition... What options do i have so i can still go there even as a tourist? Help.:mecry:

    Try to read information online and make a research. or you can go to the embassy and tell your problem. Well me I settled my problem about 457 visa through the help of the website.
  • samnichitz wrote: »
    im a nurse. i went to the US with a tourist visa last june 2,2007. after 58 days, thru the help of an employer and its lawyer, i have filed for I-140 and I-485.. i waited for the answer from USCIS.. and my lawyer advised me to stay in the US so i can adjust my status.. my I-94 will be expiring by december 1, 2007. my lawyer said, i could stay in the US since i have a "grace period" of 6 more months.. around march or april 2008, she advised me to go home, she said my I-485 was rejected and i needed to go back to my home country because if i wont, i will not be granted a green card. i went back home last may 25, 2008. and when i got back here, i received an email from the USCIS that my I-140 has been approved. i did not receive the notification letter since it will be sent to the lawyer/employer.

    now, do not know what to do.. if my petition for alien worker has been approved, what should my next step be?

    and i am aware that it is imposible for me to go back to the US since I have overstayed and I have a petition... What options do i have so i can still go there even as a tourist? Help.:mecry:

    Many nurses like me filed our 485 in 2007 August because the U S government made some kind of mistake, so we are all still here with pending 485s and getting work cards every year until we get our green cards.

    Did your attorney say why your 485 was rejected? If filed correctly you might still be here. The other posters are right...talk to a attorney, not some consultant! Attorney James Austin at Kansas City gave free appointments to many of our nurses who had trouble in 2007. Maybe still now?

    So sad you had to leave:(
  • Precious84Precious84 PEx Veteran ⭐⭐
    when you have a pending petition, you really can't go back there as a tourist. you just have to wait for the USCIS's further instructions.
  • samnichitz wrote: »
    im a nurse. i went to the US with a tourist visa last june 2,2007. after 58 days, thru the help of an employer and its lawyer, i have filed for I-140 and I-485.. i waited for the answer from USCIS.. and my lawyer advised me to stay in the US so i can adjust my status.. my I-94 will be expiring by december 1, 2007. my lawyer said, i could stay in the US since i have a "grace period" of 6 more months.. around march or april 2008, she advised me to go home, she said my I-485 was rejected and i needed to go back to my home country because if i wont, i will not be granted a green card. i went back home last may 25, 2008. and when i got back here, i received an email from the USCIS that my I-140 has been approved. i did not receive the notification letter since it will be sent to the lawyer/employer.

    now, do not know what to do.. if my petition for alien worker has been approved, what should my next step be?

    and i am aware that it is imposible for me to go back to the US since I have overstayed and I have a petition... What options do i have so i can still go there even as a tourist? Help.:mecry:

    You probably did not accrue unlawful presence. Even if your I-94 expired December 2007, as long as USCIS received your I-140 before that expiration date, you are in a period of authorized stay while USCIS processed your I-140. When you left the U.S. In May 2008, you were authorized to stay in the US.

    Your problem is in the fact that you violated your tourist visa status by submitting the I-140, which is an immigrant petition for alien worker. You have already shown immigrant intent on your last visit to the U.S. on a tourist visa. You will have a difficult time overcoming that immigrant intent if you try to apply for a tourist visa again.
  • JAJA PEx Rookie ⭐
    anjuna- I do not know why you brought back a 4 year old thread, but let me correct your first paragraph so readers are not misled.

    anjuna234 wrote: »
    You probably did not accrue unlawful presence.
    If the I-485 was “rejected” as she says, she accrued 175 days of unlawful presence since a rejected I-485 has technically not been “filed”. If the OP was mistaken in saying the I-485 was “rejected”, and the I-485 WAS properly filed but later denied, then she was unlawfully present from at least the day of denial to the date of her departure -- Possibly longer depending on the circumstances of the case. Either way, she has accrued unlawful presence.

    anjuna234 wrote: »
    Even if your I-94 expired December 2007, as long as USCIS received your I-140 before that expiration date, you are in a period of authorized stay while USCIS processed your I-140.
    Perhaps you are confusing the filing of an I-140 petition with either the filing of a change/extension of status or with filing an I-485. As an I-140 is nothing more than an employment-based petition, it does not toll unlawful presence, any more than a family petition would. Perhaps you meant to say that it is a properly filed I-485 that triggers an authorized period of stay.

    anjuna234 wrote: »
    When you left the U.S. In May 2008, you were authorized to stay in the US.
    Considering the above, her authorized stay ended before she departed.


    It is quite possible this petition is still valid now, but that is only one of several things that puzzle me about OPs situation. However, we will probably never know the rest of the story since the OP hasn’t posted since 2011!

    JA
  • @JA

    Yes, I was confused with the OP's case, so I may have given inaccurate information.

    Normally, submitting an I-485 for Adjustment Of Status to Permanent Resident results in a period of authorized stay beginning on the date indicated on the Notice Of Action (I-797C).

    You're right in that OP probably accrued unlawful presence, and I quote you: "If the I-485 was “rejected” as she says, she accrued 175 days of unlawful presence since a rejected I-485 has technically not been “filed”. If the OP was mistaken in saying the I-485 was “rejected”, and the I-485 WAS properly filed but later denied, then she was unlawfully present from at least the day of denial to the date of her departure -- Possibly longer depending on the circumstances of the case. Either way, she has accrued unlawful presence."

    However, as long as she left before 180 days have elapsed from her I-94 expiration date of December 1, 2007, then she won't be subject to the 3-year bar. That means she is not inadmissible to the US and may return provided she gets a US visa and the immigration officer at the airport lets her in on a valid I-94.

    I would venture a guess and claim that her I-485 was denied even if her I-140 was approved because by the time the I-485 was adjudicated, she was already out of status in the US not to mention that her priority date on the I-485 was not current.
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