Virginia Beach, VA asked in Immigration Law for Virginia

Q: can I used same i130 to refile 485 that’s been denied in 2014

I have an approved i130 since 2012 ,but my 485 was denied because the dhs asked for certified disposition for two cases which they got dismissed and the sponsor didn’t meet the standards, and now I have to go for master hearing in front of judge cuz ice put me in removal proceedings, I would like to know if I have to file a new i130 or I can use the same one from 2012? Do I have to file 485 with court along with dhs ? My wife is us citizens and I have two US Citizens kids , please I need help thank you

Related Topics:
1 Lawyer Answer
Svetlana Kats
Svetlana Kats
  • Immigration Law Lawyer
  • Cleveland, OH

A: Yes, you can use previously approved I-130 in Court. Just ask judge to schedule your adjustment of status hearing and submit your previously approved I-130 petition together with the documents showing that you are still married to the petitioner and your marriage is bona file. You will also need to prepare and submit with the court your adjustment of status application and all supporting documents. Since your AOS application has been previously denied, I would recommend that you retain experienced immigration attorney to represent you in court in connection with your AOS application. Good luck!

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.