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Immigration Issues/notice of decision to deny application for adjustment of status

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Question
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Followup To
Question - we had filled all papers included with the I 485 including theI485A.My husband had his work permit and we had our meeting with the immigration officer.They couldn't find the I 130,had a copy of the front of the money order,which after contacting the company of the money order found out it was never cashed.possibly lost in the mail. My husband never claimed to be here legally and doesn't or never has had problems with the police.He's 51yrs.old.I really wish I would have other options then going to finish my life in Mexico.Thank you for your attention and answers.
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Followup To
Question - the service has not received proof or notification that a visa petition was submitted.The evidence submitted as proof of payment was not cashed nor is there any evidence of petition for alien relative.you have not established that an approved immigrant visa is immediately available to you as required by section 245a3 of the act.therfore your application for adjustment of status to permanent resident is denied. this is the reason for the denial.
there's no appeal on this matter,I,m wondering will my husband be deported,I am an american born citizen
Answer -
That's like asking a doctor "Doc, I have a stomach ache and I am throwing up, am I going to die?"  The answer to both questions is "maybe".  It depends on why the I-485 was denied and what your husband's current status and situation is.  The answer could be anywhere from "absolutely not" to "almost definitely."
Answer -
The service appears to be saying that there is no evidence of an I-130., I-140. or other form ever being filed that would provide the basis for an I-485 filing.  Depending on your husband's current status in the US (how he entered and whether he is here legally) and other factors (for example, any prior criminal activity, encounters with USCIS, false claims to US citizenship, . . .) your husband could easily be put into removal proceedings and deported.  Refiling an I-130 based on his marriage to you and an I-485 may return him to lawful status but that could also be futile, depending on the facts.  NOTE: IT IS NECESSARY TO FILE OTHER DOCUMENTS AND FORMS WHEN YOU FILE THE I-130 AND I-485.

Answer
Your questions are getting too fact intensive for analysis in this forum.  If your husband entered illegally, he has no basis to adjust his status in the US anyway unless he is eligible for 245i relief.  The fact that you filed an I-485A seems to indicate that you think he is but you provided no information on how that is possible.

Immigration Issues

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James D. Mills, Esq.

Expertise

I can answer questions regarding business and family immigration, deportation, removal, exclusion, the immigration consequences of crimes and structuring criminal cases to eliminate or mininize immigration consequences.

Experience

I have been a licensed immigration attorney and a member of the American Immigration Lawyer's association for more than five years.

Organizations
American Immigration Lawyer's Association.

Education/Credentials
Juris Doctorate, Rutgers School of Law- Camden, 1997

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