I-485 denied, possible options

[grye]

If you know you were correctly denied in the first place, do you have clear strategic reasons for filing a frivolous MTR?

No, we don't think it's completely correct. Also we want to require clarification of some statements made in the denial notice.

[grye]

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.
https://www.uscis.gov/policymanual/H...-Chapter9.html

Thank you for the link, but I'm not sure I understand your point. Do you mean if eligibility requirement is not met then it doesn't make sense to file a motion?
From the other hand, I see that in B.2. eligibility is listed as a factor and it says "If the officer finds negative factors, the officer must weigh all of the positive and negative factors." and one might think that if officer finds enough positive factors then eligibility as a negative factor may be outweighed.

[S_R_E]

Thank you for the link, but I'm not sure I understand your point. Do you mean if eligibility requirement is not met then it doesn't make sense to file a motion?
From the other hand, I see that in B.2. eligibility is listed as a factor and it says "If the officer finds negative factors, the officer must weigh all of the positive and negative factors." and one might think that if officer finds enough positive factors then eligibility as a negative factor may be outweighed.

You need to clearly read the section at the bottom :


C. Summary of Adjudication Involving Discretion
The following tables provide a general guideline for how eligibility requirements and discretion play a role in the decision on an adjustment application.


Has Applicant Otherwise Met Eligibility Requirements?

NO

Does Applicant Warrant a Favorable Exercise of Discretion?

No, even if the positive factors outweigh the negative factors

Decision

Deny the application. Eligibility requirements are not met.

The officer should explain the reasons why the applicant has not met the eligibility requirements. Even if the positive factors outweigh the negative factors, discretion cannot be used to approve an application if the applicant does not meet the statutory requirements.

[UScitizenFilingforspouse]

Thank you for the link, but I'm not sure I understand your point. Do you mean if eligibility requirement is not met then it doesn't make sense to file a motion?
From the other hand, I see that in B.2. eligibility is listed as a factor and it says "If the officer finds negative factors, the officer must weigh all of the positive and negative factors." and one might think that if officer finds enough positive factors then eligibility as a negative factor may be outweighed.

Only the applicants in these categories are "entitled" to adjustment of status. 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.
You aren't in one of those categories. Neither was I 22 years ago, nor is my spouse now. That is my point. Cases that involve discretion are eligible for adjustment but are not entitled to adjustment. Even though adjustment of status cases that involve discretion are approved often, that does not take away from the fact that, approval involves discretion. It's a matter of administrative grace.