What should be done if our I485 and I130 got denied? 7 Answers as of December 23, 2013

My I 485 denied because I left US to Canada with out travel parole document. My wife is a US citizen. Now our I 130 also denied. What can we do at this point. August 24 when I 130 was denied. We were misguided with information from USCIS and the people we took from help. I am a Canadian resident, not citizen yet in Canada. I had US visa. So I travel back and forth while I 485 processing. Now, should I re apply from Canada with i-130, or since I have a visit visa, should go to us to my wife and re apply I 485.

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Law Offices of Svetlana Boukhny
Law Offices of Svetlana Boukhny | Svetlana Boukhny
I can understand that the I-485 would have been denied but on what basis was the I-130 denied if there is a real marriage?
Answer Applies to: California
Replied: 12/23/2013
Law Office of Adebola Asekun | Adebola O. Asekun
Your I-485 was probably denied if you left the U.S. while your case was pending and without obtaining an advance parole. Next, your I-130 should not have been denied just because you left on advance parole. Unless, there is an independent basis for denying the I-130 as well. I believe that hiring an experienced immigration attorney may be the best thing you can do under these circumstances.
Answer Applies to: New York
Replied: 12/23/2013
Law Office of Pho Ethan Tran PLLC
Law Office of Pho Ethan Tran PLLC | Pho Ethan Tran
In this situation, it is probably best that your wife submit another I-130 petition on your behalf and then go through consular processing, because you travel between the U.S. and Canada so much. Additionally, if you submit an I-485 too soon after your arrival in the U.S, USCIS may accuse you of committing fraud because you had the intent to immigrate to the U.S. permanently when you entered as a visitor.
Answer Applies to: Texas
Replied: 12/23/2013
Mulder Law office, PA
Mulder Law office, PA | Kyndra L Mulder, Esquire
You will need to re apply at this point. This time hire an experienced immigration attorney.
Answer Applies to: Florida
Replied: 12/23/2013
Coane and Associates
Coane and Associates | Bruce Coane
I recommend you come in with all your documents so we can sort it out. If you have a 485 pending, you should not leave until the travel document is approved. If you must leave, then better to file only I-130, and then finish the visa process in Canada after I130 is approved. Also, if I-130 was denied, there must be some serious problem for which you likely need a good lawyer.
Answer Applies to: Texas
Replied: 12/23/2013
    Law Offices of Grinberg and Segal
    Law Offices of Grinberg and Segal | Alexander Segal
    As you clearly intend to seek permanent residence, you should not come for a visit and file your papers. This can lead to a finding you are inadmissible for fraud. Your spouse needs to file a new I-130 on your behalf. You need to hire an attorney rather than rely on "people" or USCIS to assist you. Keep in mind USCIS cannot provide legal advice.
    Answer Applies to: New York
    Replied: 12/23/2013
    Law Office of Eric Fisher | Eric Fisher
    Why was the I-130 denied? If the marriage is valid, you should consult an immigration attorney.
    Answer Applies to: Colorado
    Replied: 12/19/2013
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