I-485 was denied because of WOR statusI am in US since 1995 and entered through B-1. Never left US. In 1998 filed for Political Asylum and in 2004 was granted Withholding of Removal. In 1999 before April 1st my US citizen sister filed I-130. In August 2010 visa numbers were available and I filed I-485. In February 2011 had initial interview in local INS office. My applicaton was denied. INS Officer told me that I-485 was denied because I was under juderstiction of Immigration Courts. He advised me to file a motion in Immigration court and ask the judge to dismiss my WOR and after reapply for adjustment of status. I have a question: a) If the Judge dissmisses my case, will I become an alien without any status and can be deported; b)Can the court do dismiss WOR at all; c)Can somebody give an idea how much an avarage immigration attorney would charge ($) for filing a motion with courts in my case. Thank you in advance.
Its true, once your WOR is canceled, youre out of status, and if youre out of status youll lose eligibility for I-485 based on a sibling petition.
But you may be able to get the court itself to adjudicate your I-485 (refiling it with the court may be necessary), so that when your WOR is dismissed its simultaneously replaced by an approved I-485.
Its true, once your WOR is canceled, youre out of status, and if youre out of status youll lose eligibility for I-485 based on a sibling petition. He appears to meet the criteria for 245i.
Please tel me if Withholding of Removal is STATUS or not. I read 245i and it says that I must be in US without status? Thankn you