i-130 approved but i-485 denied

i didn't register with NSEERS because my lawyer said i was exempt. Not true. My i-485 was rejected for this very reason. i later registered with NSEERS. around the same time i got an approval notice for my i-130 (my daughter is a USC and is applying for my greencard). the rejection letter said that the decision is not appealable but also says that it is without prejudice as to future applications.

my lawyer doesn't seem to know what's going on. i want to fire her and maybe replace her but i'm wondering if the only thing that needs to be done now is file a new i-485 application. i can't afford to hire a new lawyer who will quote me another $5000 (that's almost what i paid so far). i want to know what to expect.

any advice?

You have a better chance of getting approval now after registration. Your i-130 approval is a good start.If you don't think your lawyer is doing a good job, change her. You need a lawyer and can't do without one given the slight complication. Complaining about the fee is understandable but know you can't do without one. Just let her clean her mess if you can't afford another one. All what she needs to do is to write to them explain what happened and your current registered status……..You should be fine but it might take a couple of months to sought it out.

mafioso said:

You have a better chance of getting approval now after registration. Your i-130 approval is a good start.If you don't think your lawyer is doing a good job, change her. You need a lawyer and can't do without one given the slight complication. Complaining about the fee is understandable but know you can't do without one. Just let her clean her mess if you can't afford another one. All what she needs to do is to write to them explain what happened and your current registered status……..You should be fine but it might take a couple of months to sought it out.

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Just so I know what is going on, if I stay with my lawyer, the only thing she should charge me for is the application fee to INS for the revised i-485 application, correct?

If I get a new lawyer, will they only be filling out an i-485 application? the price shouldn't be as much as someone who wants to start from the beginning since the i-30 is approved, correct?

Your current lawyer would not and should not charge you new fees except fees going to immigration. The rejection was due to her fault……..per your post. But getting a new lawyer does not necessarily mean the rate would be lower because you got the I-130 approved. Most immigration lawyers would tell you they have just one flat fee regardless of if you are starting from scratch or not. So, don't expect a discount in most cases.