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  • I 485 denied

    Hello All

    Brief background:

    Came to the states in 2015 on student Visa. Met my wife 1 1/2 years later, got married after 6 months. We did our interview on Feb 7, 2019. On May 20, 2019, USCIS denied my I-485 application for permanent residence. They sent us the rejection letter below.

    _____

    Thank you for submitting form I-485, Application to Register Permanent Residence or Adjust Status, to U.S. Citizenship and Immigration Services (USCIS) under section 245 of the Immigration and Nationality Act (INA).

    After a thorough review of your application and supporting documents, we must inform you that we are denying your application for the following reason( s).

    Generally, to qualify for adjustment under INA 245. an applicant must:

    • Be inspected and admitted or paroled into the United States;

    • Be eligible to receive an immigrant visa:

    • Be admissible to the United States for permanent residence; and

    • Have an immigrant visa immediately available at the time the application is filed.
    Statement of Facts and Analysis, Including Ground(s) for Denial


    You filed Form I-485 based on being the beneficiary of an immigrant petition.

    USCIS received your Form I-485 on January 12, 2018.

    USCIS records establish that USCIS denied the visa petition filed on your behalf. You have provided no evidence to indicate you are immediately entitled to an immigrant visa on any other basis. Therefore, you are not qualified to adjust status, and USCIS denies your Form I-485. See INA 245(a)(3).

    The evidence of record shows that, when you filed your application, you were lawfully present in the United States. Your period of authorized stay has expired. You are not authorized to remain in the United States. If you fail to depart the United States within 33 days of the date of this letter. USCIS may issue you a Notice to Appear and commence removal proceedings against you with the immigration court. This may result in your being removed from the United States and found ineligible for a future U.S immigration benefit. See sections 237(a) and 212(a)(9) of the INA.


    _____

    My Questions are:

    - On what grounds was I denied ?

    - They didn't send me or my attorney a denial letter.

    - Why did they schedule an interview if they denied my I-130 ?

    I filed an appeal but what are my chances ? How long does it take ?
    Last edited by Belaw24; 02-14-2020, 07:17 PM.

  • #2
    Seems like you were denied for no proof of entry. I am not sure the process of approval of I-130 and scheduling application for I-485. I am sure they are somewhat related. Sometimes the time lapse between processing offices are off and i find some stories where I-130 isn't approved until the I-485 is approved because like I said, sometimes the offices that are reviewing the files may be on different time lapse.

    Did you get a denial of the I-130?
    Field Office: Hartford, CT
    PD: 5/21/2019
    Filed forms: I-130; I-485; I-765
    B1/B/2 married to USC
    5/21/2019: I-130 and I-484 received
    7/12/2019: fingerprint review complete
    8/29/2019: received rejected form I-485 due to bounced check
    9/11/2019: mailed new I-485 with new check and I-765
    10/22/2019: biometrics complete
    11/22/2019: ready to schedule interview
    12/18/2019: called USCIS and request exp on I-485
    12/20/2019: Expedite received and complete
    12/26/2019: I-765 approved

    Comment


    • #3
      It sounds like they are saying your I-485 is denied because your I-130 is denied.

      This is my personal opinion and is not to be construed as legal advice.

      Comment


      • #4
        I agree with the others, it looks like your denial was based on 130 being denied. Is your app through LPR or USC? Also, from what I see, some people get I-130 approved then interview scheduled, some people get them both approved after interview. Not really sure about the process but I would call and see what their specific reason is. Good luck!
        4/19 - RD (485, 130, 765)
        5/15 - Bio date
        8/1 - Ready to be Sched.
        8/2 - Interview scheduled
        8/7 - online update interview cancelled
        9/23 EAD exp.
        10/21 - EAD received in mail
        02/09 - interview scheduled

        130 - no updates since 4/25/19 (receipt notice)

        Comment


        • #5
          This is why people should never do this by themselves. It looks like the petitioner is not a US citizen therefore your application will be denied on the spot because you were considered an over stay. If the petitioner was a US citizen you should be absolutely fine, but because the petitioner is not a US citizen the law is different when it comes to filing. Please correct me if I'm wrong about that.

          Comment


          • #6
            Originally posted by Johnny6751 View Post
            This is why people should never do this by themselves. It looks like the petitioner is not a US citizen therefore your application will be denied on the spot because you were considered an over stay. If the petitioner was a US citizen you should be absolutely fine, but because the petitioner is not a US citizen the law is different when it comes to filing. Please correct me if I'm wrong about that.
            I am not sure where you are getting the impression that the petitioner is not a US citizen or that the I-485 is being denied for being out of status. The notice even specifically says that they were in status at the time the application was filed.
            Last edited by newacct; 02-14-2020, 07:14 PM.

            This is my personal opinion and is not to be construed as legal advice.

            Comment


            • #7
              Originally posted by newacct View Post
              It sounds like they are saying your I-485 is denied because your I-130 is denied.
              Yes, my I-130 was denied but I don't know the reason for the denial.

              Comment


              • #8
                Originally posted by HartfordCtFilerI-485 View Post
                Seems like you were denied for no proof of entry. I am not sure the process of approval of I-130 and scheduling application for I-485. I am sure they are somewhat related. Sometimes the time lapse between processing offices are off and i find some stories where I-130 isn't approved until the I-485 is approved because like I said, sometimes the offices that are reviewing the files may be on different time lapse.

                Did you get a denial of the I-130?
                Nope, didn't get a denial of I-130 letter. I was scheduled for adjustment interview despite them knowing I was denied I-130. I had no knowledge of it then. They said they sent me and my attorney a letter but none of us got it.

                I don't think I was denied for lack of proof of entry.

                Comment


                • #9
                  Originally posted by kkaren View Post
                  I agree with the others, it looks like your denial was based on 130 being denied. Is your app through LPR or USC? Also, from what I see, some people get I-130 approved then interview scheduled, some people get them both approved after interview. Not really sure about the process but I would call and see what their specific reason is. Good luck!
                  You are right, my denial was based I-130 by denied. I have not heard of LPR or USC, what is it ?

                  They denied my I-130 but then scheduled the adjustment interview. Is that normal ?

                  You can't just call them and be given an answer. I filed an appeal 290B but my chances are very low I feel taking into account other people's experiences.

                  Comment


                  • #10
                    Originally posted by Johnny6751 View Post
                    This is why people should never do this by themselves. It looks like the petitioner is not a US citizen therefore your application will be denied on the spot because you were considered an over stay. If the petitioner was a US citizen you should be absolutely fine, but because the petitioner is not a US citizen the law is different when it comes to filing. Please correct me if I'm wrong about that.
                    I did the whole process with an attorney. The petitioner ( my wife) was not a citizen when we met. She applied for citizenship and was naturalized, it is after that we applied for visa and started the adjustment process.

                    Comment


                    • #11
                      it says you was denied because you provided no evidence to indicate you are immediately entitled to an immigrant visa.
                      im thinking yu haven't provided enough evidence to show your relationship with US citizen the petitioner. look back at your 130 form what evidence did you include. something went wrong in establishing relationship and marriage with your wife
                      Nashville, NBC
                      AOS concurrent filling marriage to USC
                      Sent USPS express mail on November 14th
                      Received November 15th
                      Received text notifications November 20th
                      Card charged November 20th
                      Received paper notifications November 29th
                      Biometrics done December 17th
                      No activity since then

                      Comment


                      • #12
                        m thinking they made a mistake over your wifes naturalization
                        Nashville, NBC
                        AOS concurrent filling marriage to USC
                        Sent USPS express mail on November 14th
                        Received November 15th
                        Received text notifications November 20th
                        Card charged November 20th
                        Received paper notifications November 29th
                        Biometrics done December 17th
                        No activity since then

                        Comment


                        • #13
                          they basically denied because you filed when visa wasn't available to you (applies to spouse of legal permanent residents LPR) which it should be since your wife is a citizen now (visa is immediately available at any time to US citizen spouse)
                          Nashville, NBC
                          AOS concurrent filling marriage to USC
                          Sent USPS express mail on November 14th
                          Received November 15th
                          Received text notifications November 20th
                          Card charged November 20th
                          Received paper notifications November 29th
                          Biometrics done December 17th
                          No activity since then

                          Comment


                          • #14
                            Originally posted by Margo27 View Post
                            they basically denied because you filed when visa wasn't available to you (applies to spouse of legal permanent residents LPR) which it should be since your wife is a citizen now (visa is immediately available at any time to US citizen spouse)
                            This is not correct. The OP was denied because his i-130 was denied. If i-130 is denied then i-485 is automatically denied because there is no basis for i-485.

                            Comment


                            • #15
                              Originally posted by Belaw24 View Post

                              I did the whole process with an attorney. The petitioner ( my wife) was not a citizen when we met. She applied for citizenship and was naturalized, it is after that we applied for visa and started the adjustment process.
                              Well where is your attorney now? What did your i-130 denial notice say?It is irrelevant whether your wife was a LPR or USC for i-130. If i-130 is denied then i-485 gets automatically denied.

                              Comment

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