Tweet
My adjustment of status application was denied, because I was ineligible for adjustment in US. Alternative is the consular processing abroad. Also we want to file a motion for consideration. Can we do both at the same time, file a motion and submit I-824 form?
-
Last edited by grye; 04-17-2018, 01:54 AM. -
Why was it denied? Depending on those reasons I think you can re apply or do Consular Processing.Originally posted by grye View Post -
My nonimmigrant status was invalid at the time of filing and I can't re-apply. Consular processing is the only option. But at the same time we want to file a motion for reconsideration.Originally posted by dg204 View PostComment
-
Hi there! What do you mean invalid? Are you out of status at the time of filing?Originally posted by grye View PostComment
-
Who filed for you? Us citizen spouse, LPR spouse, parents, siblings or job?I-130 PD Jan 17, 2018
I-485 Sent April 2018, PD Jan 17, 2018
Fingerprint completed: May 4 2018
Case ready to be scheduled for interview: Sept 13, 2018
Waiting for interview......Comment
-
-
Is this marriage based to a US Citizen or LPR? I thought its forgiven if you are married to a USC?Originally posted by grye View PostComment
-
LPROriginally posted by iceman81 View Post
But please, let's focus on the question: whether we can file both motion for reconsideration and form I-824 (transfer for consular processing)Comment
-
Well if your AOS was via marriage to a LPR then you have to be in status to apply. Which means if you were out of status, then you didn't meet the eligibility criteria and the denial was the correct decision. Is there information that you have not included that makes you feel this was the incorrect decision? What would your basis be for reconsideration?Originally posted by grye View Post
Volume 7 ? Adjustment of Status, Part B ? 245(a) Adjustment
Chapter 4 ? Status and Nonimmigrant Visa Violations ? INA 245(c)(2) and INA 245(c)(8)
This is of course just my opinion and not legal advice.Comment
-
I don't want to discuss the basis for reconsideration in this thread.Originally posted by S_R_E View PostWell if your AOS was via marriage to a LPR then you have to be in status to apply. Which means if you were out of status, then you didn't meet the eligibility criteria and the denial was the correct decision. Is there information that you have not included that makes you feel this was the incorrect decision? What would your basis be for reconsideration?
Volume 7 ? Adjustment of Status, Part B ? 245(a) Adjustment
Chapter 4 ? Status and Nonimmigrant Visa Violations ? INA 245(c)(2) and INA 245(c)(8)
This is of course just my opinion and not legal advice.
My questions is simply whether I can file both motion and form I-824 at the same time?Comment
-
You can file anything you want as long as it is not frivolous. They are happy to take your money and deny the application.Originally posted by grye View Post
You basically have to options in your case - hunker down and wait until your spouse becomes a citizen then refile or leave before you get 180 days of unlawful presence and pursue consular processing.Comment
-
without further information it would be hard to answer the question correctly. in order to answer the question correctly we would need to know if you had a basis for filing for reconsideration and if it would be possible to do both. being that you seem very timid about giving out said information gives me the impression that something else is going on that you are trying to hide. if you would like your questions answered then please give us the full information.Originally posted by grye View PostThis is strictly an opinion and should not be misconstrued as legal advice. The use of this information is strictly at your own risk.
-Krypton9591Comment
-
I don't have anything to hide, I just don't want you to focus on the parts of the question that are not relevant. My lawyer is working on the basis for reconsideration and I don't have the information.Originally posted by krypton9591 View Post
What I was worried about is if we file I-824 at the same time that may have an influence on the response to motion.Last edited by grye; 04-17-2018, 06:55 PM.Comment
-
If you know you were correctly denied in the first place, do you have clear strategic reasons for filing a frivolous MTR?Comment
-
I think this chapter might be of interest to you. https://www.uscis.gov/policymanual/H...-Chapter9.html Adjustment of status goes beyond eligibility. Your adjustment of status application is one that involves discretion. You are not under NACARA, this is not a refugee adjustment, or any of the other types of adjustment; such as, HRIFA (Haitian Refugee Immigration Fairness Act of 1998), Persons Born Under Diplomatic Status Presumption of Lawful Admission and American Indian Creation of Record. Those are all that adjustment cases that do not involve discretion. Therefore, provided the applicant meets all eligibility requirements, USCIS must approve the application.
*Keep that on your palate for a moment.*
"An officer must first determine whether the applicant otherwise meets the legal eligibility requirements. If the officer finds that the applicant meets the eligibility requirements, the officer then determines whether the application should be granted as a matter of discretion." - also called administrative grace, sometimes." I think you will find this very informative and will help you decide whether you really want to file a motion to reopen or gracefully accept the alternative you were given.
Comment
Comment