Can I reapply for citizenship after being denied? 2 Answers as of April 12, 2011

My spouse petitioned for me on December 16th 2002, so I applied for adjustment recently in 2011 under the 245(i). I received a denial letter stating I was not eligible because I entered with out inspection on 06/01/2000 and my 1-130 petition was filed after April 30,2001. I paid the $1000.00 fine and all my fees. So what do I do now? Will I be deported or can I reapply and start all over?

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Law Office of Christine Troy
Law Office of Christine Troy | Christine Troy
Unfortunately you are not eligible under 245(i). I am not sure who told you that you were but DHS will gladly accept your processing fees and then deny your case. You should immediately pay for a full consult with a competent immigration attorney to determine if you have any other way to file for a green card in the US or if you have any other remedy available. For example if you were the victim of a crime, you may be able to obtain a U visa.
Answer Applies to: California
Replied: 4/12/2011
Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
Unless you were the beneficiary of a labor certification application, I-140 or I-130 petition filed on or before April 30, 2001 you were not eligible for adjustment of status under Section 245(i). Paying the $1000.00 fee filing I-485A does not mean you were eligible. Since you adjustment of status application was denied, the next step is that USCIS will issue a Notice to Appear in court to show why you are not deportable from the U.S. Unless you have some other form of relief available, you are deportable from the U.S. since you are not eligible for adjustment of status. One form of relief that you may be eligible for is Cancellation of Removal since you have been in the US for more than 10 years have have a US Citizen of LPR spouse. This is a very difficult type of relief to be granted and you need to speak with an immigrant attorney who handles removal or deportation cases. It is NOT the type of matter you can handle yourself.
Answer Applies to: California
Replied: 4/12/2011
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