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  • #31
    Originally posted by NYC/She View Post
    To belaw24
    Exactly.
    I have I-130 approved from 2013, and I sent I-485 in November 2019 and waiting for an interview. Everything was accepted. I only sent a naturalization since my husband is no longer GC holder.
    In that Case you must have a mistakes and probably lawyer did it. A lawyer cannot be tired because of case is hard. It’s a challenge. That lawyer must be a very unprofessional.
    Someone paid for that service and any lawyer cannot like or dislike any clients. Horrible
    And bad thing is you have to pay for a new form $675 I-290B
    He is very impatient and doesn't like us at this point.

    What mistakes could sink our case for example ?

    Comment


    • #32
      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).


      .....say's it right there! And listening to his facts about the LPR/USC situation, it's only reason why he got denied. The paperwork wasn't right, so either USCIS didn't do their due diligence or lawyer simply didn't do their part, either way, they (Belaw24) are not responsible for this mess up. It can be cleared, will just need to pour MORE MONEY (which at this point shouldn't matter). File whatever needs to be refiled ASAP, you'll be ok. Sorry about this stress, keep your head up!
      Sacramento, CA
      11/22/19 Package sent I 485, [Chicago LockBox). I 130 already filed August 1st( August 8th Priority date, still waiting)
      11/29/19 - Debit Card ran by USCIS for $1225
      12/13/19 Notice for Biomterics appt.
      12/23/19 Biometrics done
      1/24/20 Received email and text, RFIE sent
      1/31/2020 Yellow RFIE in mail(missing Birth certificate)
      2/5/2020 RFIE received at USCIS
      2/14/20 Received I 693 courtesy letter
      2/14/20 notification for ready to be scheduled for an interview!
      08/31/20 EAD /SSC

      Comment


      • #33
        Originally posted by JaydenDad View Post
        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).


        .....say's it right there! And listening to his facts about the LPR/USC situation, it's only reason why he got denied. The paperwork wasn't right, so either USCIS didn't do their due diligence or lawyer simply didn't do their part, either way, they (Belaw24) are not responsible for this mess up. It can be cleared, will just need to pour MORE MONEY (which at this point shouldn't matter). File whatever needs to be refiled ASAP, you'll be ok. Sorry about this stress, keep your head up!
        The only thing it says there is that the I-130 (the visa petition) was denied. Everything else it says follows from that. It does not say anything else. There is NO DIFFERENCE in I-130 approval/denial between spouses of LPRs and spouses of USCs. I don't understand why you think that is relevant.

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

        Comment


        • #34
          Originally posted by newacct View Post

          The only thing it says there is that the I-130 (the visa petition) was denied. Everything else it says follows from that. It does not say anything else. There is NO DIFFERENCE in I-130 approval/denial between spouses of LPRs and spouses of USCs. I don't understand why you think that is relevant.
          Because it's relevant, it says nothing about his I 130, it only mentions I 485 and explicitly gives the law code for reason of denial ..... Have you read INA 245 (a)(3)?
          Last edited by JaydenDad; 02-16-2020, 03:19 PM.
          Sacramento, CA
          11/22/19 Package sent I 485, [Chicago LockBox). I 130 already filed August 1st( August 8th Priority date, still waiting)
          11/29/19 - Debit Card ran by USCIS for $1225
          12/13/19 Notice for Biomterics appt.
          12/23/19 Biometrics done
          1/24/20 Received email and text, RFIE sent
          1/31/2020 Yellow RFIE in mail(missing Birth certificate)
          2/5/2020 RFIE received at USCIS
          2/14/20 Received I 693 courtesy letter
          2/14/20 notification for ready to be scheduled for an interview!
          08/31/20 EAD /SSC

          Comment


          • #35
            Originally posted by JaydenDad View Post

            Because it's relevant, it says nothing about his I 130, it only mentions I 485 and explicitly gives the law code for reason of denial ..... Have you read INA 245 (a)(3)?
            "USCIS records establish that USCIS denied the visa petition filed on your behalf."
            The "visa petition" is the I-130 or I-140 immigrant petition.

            "You have provided no evidence to indicate you are immediately entitled to an immigrant visa on any other basis."
            Of course, since no I-130 means you are not entitled to an immigrant visa.

            "Therefore, you are not qualified to adjust status, and USCIS denies your Form I-485. See INA 245(a)(3)."
            Again, of course, since no I-130 means you are not entitled to an immigrant visa, and means you are not qualified to adjust status. INA 245(a)(3) says an immigrant visa is immediately available to you in your category. Well, since there is no I-130, there is not category, ergo, an immigrant visa is not available to you.

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

            Comment


            • #36
              Originally posted by newacct View Post

              "USCIS records establish that USCIS denied the visa petition filed on your behalf."
              The "visa petition" is the I-130 or I-140 immigrant petition.

              "You have provided no evidence to indicate you are immediately entitled to an immigrant visa on any other basis."
              Of course, since no I-130 means you are not entitled to an immigrant visa.

              "Therefore, you are not qualified to adjust status, and USCIS denies your Form I-485. See INA 245(a)(3)."
              Again, of course, since no I-130 means you are not entitled to an immigrant visa, and means you are not qualified to adjust status. INA 245(a)(3) says an immigrant visa is immediately available to you in your category. Well, since there is no I-130, there is not category, ergo, an immigrant visa is not available to you.
              So what is the reason for my denial in your opinion ?

              Comment


              • #37
                Originally posted by Belaw24 View Post

                So what is the reason for my denial in your opinion ?
                They're saying the I-485 was denied due to the I-130 denial. You have not shown an I-130 denial notice, so we don't know what the reason for that was. It could have been a USCIS mistake, or it could be some for that was required was missing, or it could be that they don't believe the genuineness of the marriage. If your I-130 doesn't show as denied, you should go in and talk to a USCIS representative about the I-485 denial.

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

                Comment


                • #38
                  Originally posted by newacct View Post

                  They're saying the I-485 was denied due to the I-130 denial. You have not shown an I-130 denial notice, so we don't know what the reason for that was. It could have been a USCIS mistake, or it could be some for that was required was missing, or it could be that they don't believe the genuineness of the marriage. If your I-130 doesn't show as denied, you should go in and talk to a USCIS representative about the I-485 denial.
                  I haven't received an I-130 denial notice.

                  Comment


                  • #39
                    In my opinion, it sounds like they denied you because they didn’t believe in your marriage. So they don’t think you are “immediately entitled to an immigrant visa on any other basis”, no I-130 = no I-485. What kind of evidence did you submit to show it’s a bona fide marriage? Since you and your wife married only after 6 months, USCIS probably would need extra convincing.
                    Last edited by drbonus; 02-18-2020, 07:36 PM.
                    Chicago filer, F-1 married to USC (I485/I130/I765/I131)
                    12/18/2019 Sent (UPS) to Chicago
                    12/19 “Case received” x4
                    01/02/2020 NOAs
                    01/21 Biometrics appt
                    01/30 "Fingerprints recorded for I485"
                    02/12 “Request for Additional Evidence for I485”
                    02/18 RFIE for birth certificate
                    02/19 RFIE response sent back
                    02/25 RFIE response received by USCIS
                    03/19 Courtesy letter for I693
                    04/06 “Ready to be scheduled for interview”
                    05/26 "New Card Is Being Produced" for I765
                    05/30 EAD combo received

                    Comment


                    • #40
                      Originally posted by drbonus View Post
                      In my opinion, it sounds like they denied you because they didn’t believe in your marriage. So they don’t think you are “immediately entitled to an immigrant visa on any other basis”, no I-130 = I-485. What kind of evidence did you submit to show it’s a bona fide marriage? Since you and your wife married only after 6 months, USCIS probably would need extra convincing.
                      This is my hunch too.

                      Comment


                      • #41
                        Originally posted by Belaw24 View Post
                        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 ?


                        -----------------------



                        What you can do now and RE FILE. Concurrent Filing. Make sure that you send the Evidence of your spouse being a US CITIZEN. And send them a detailed and well stack documents.

                        Comment


                        • #42
                          Originally posted by drbonus View Post
                          In my opinion, it sounds like they denied you because they didn’t believe in your marriage. So they don’t think you are “immediately entitled to an immigrant visa on any other basis”, no I-130 = no I-485. What kind of evidence did you submit to show it’s a bona fide marriage? Since you and your wife married only after 6 months, USCIS probably would need extra convincing.
                          They did not believe his marriage! This is only I-130 and 6 years ago you only needed a marriage license and passport to fill that form and after 3 months always approved if they see required documents. Believe or not this is an interview and form I-485, and till an interview he might complete all documents.
                          I only sent a passport copy, entry stamp, naturalization certificate, birth certificate, marriage license, and birth certificate, plus my husband passport copy, and approved I-130 copy. All evidence I will provide at interview in additional folder. I only sent a required document. And my file was very thick.
                          It’s a joke to sents a chats, ton of photographs, tickets, leases, utilities bills, tickets and other evidences because some of evidences are not a document only souvenirs!

                          Comment


                          • #43
                            I have heard about cases like these. It happens often. On youtube forums all the attorneys always respond with this advice:
                            Do not appeal.
                            You should get a new lawyer and file a new, complete and proper I-130 and I-485 package ASAP, like yesterday.
                            Appeals take 18 to 24 months during which time you have no authorization to remain in the US and could be placed in removal proceedings.
                            If you file the AOS package again, you have authorization to stay and will receive your work permit while you're in the process.
                            Go to youtube and search keywords immigration, attorney, petition and denied.

                            Comment


                            • #44
                              Originally posted by Trini0616 View Post
                              I have heard about cases like these. It happens often. On youtube forums all the attorneys always respond with this advice:
                              Do not appeal.
                              You should get a new lawyer and file a new, complete and proper I-130 and I-485 package ASAP, like yesterday.
                              Appeals take 18 to 24 months during which time you have no authorization to remain in the US and could be placed in removal proceedings.
                              If you file the AOS package again, you have authorization to stay and will receive your work permit while you're in the process.
                              Go to youtube and search keywords immigration, attorney, petition and denied.
                              18-24 months it’s a very long time for appeal!!!
                              Filling a New AOS it’s a costly too.
                              He does not need a lawyer if he know how to fill up all forms.

                              Comment


                              • #45
                                He is married to us citizen so staying without authorization wont be a problem i guess
                                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

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