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Does 245k Help In My Situation?

Discussion in 'Adjustment of status' started by Sky, Apr 3, 2017.

  1. Sky

    Sky New Member

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    Can you help to give your comments regarding my situation? I posted earlier but I realize it's too long. I simplify the story so that the key points can be understood quicker.

    Me (H1B visa) and my wife (H4) submitted I-485 (EB3) in 11/2015. She got a RFE recently asking for evidence showing she had maintained a non-immigrant status between Oct.11, 2014 to Apr. 23 2015.

    My wife was out of status for 195 days during the mentioned period. She had a H1B pending at that time. However, due to she left US in Jun 2014 after H1B filed, we found her COS actually had been abandoned which is not aware of till we received the i-485 RFE.

    Se left US in Apr. 23, 2015 volunteerly. H1B rejection letter is issued later due to professional reasons. She had her H4 visa renewed in May 2015 and then entered US in Jun, 2015 and Oct, 2015. She submit i-485 in Nov. 2015.

    May you please help to answer below questions?
    1. Has the 195 days and departure triggered three year bar since Apr. 2015?
    2. Is she admissible when she submitting her i-485?
    3. Is she eligible for AOS? does 245k help in my wife's situation?
    4. Is she good for tolling pursuant to INA 212(a)(9)(b)(iv)?
    5. Can she apply nunc-pro-tunc for her status back from Oct. 2014, as we have emails demonstrating my Attorney’s improper advice and non-feasance to notice her out-of-status situation?
    We had a newborn in Oct. 2016. If she got rejected, it will be so hard for the family.
    Thanks very much in advance for your time and expertise!

  2. txresearcher

    txresearcher Senior Member

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    This is a pretty serious issue if not addressed properly. Please make an appointment with an attorney and try to fix it asap. Just an advice, not trying to freak you out.

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