Question about removal proceedings

[imhrb]

Gurus,

As I had mentioned in an earlier post, we have received a NOID-485 and have 30 days to rebut. My I-130 seemed to have no problems what-so-ever, yet it is still pending.

My question is, if the 485 is denied and I am put in removal proceedings, can I re-open my I-485 in front of the IJ, assuming the I-130 is not approved till then? Can the judge overrule the CIS' denial and approve the pending I-130 and the denied I-485 at the hearing?

Thanks.

[asPapi]

I would seek the advice of a competent attorney at this stage :) Good Luck.

[TheRealCanadian]

On what basis do they intend to deny the I-485?

[imhrb]

They are using very flimsy basis to deny the case. Basically that I had gotten a driver's license from a different state (for one week) cuz some people said it was easier. Secondly, I was visiting my aunt in a different state for 2-3 weeks and bought a car there, so to drive it back I registered it and gave my aunt's address because the DMV wanted a local address. So they say I used false and fictitious address "twice" - and this all outweighs family unity.

[TheRealCanadian]

Oh right, now I remember your case.

See an attorney - you have major problems if you've made a false statement to a government agency. These aren't a flimsy basis at all.

[imhrb]

I do have an attorney and he is working on the rebuttal.

[Triple Citizen]

In your opinion it does not?

So they say I used false and fictitious address "twice" - and this all outweighs family unity.

[kaktus]

try to appeal your denial. Hire a lawyer and do everything possible to avoid removal proceedings. Once your case is in immigration court, your green card process can take years even you if you have grounds for administrative releif.