F2A Concurrent filling July 2019 denied b/c priority day was not current. Please help

[balcase]

Hello guys:

I'm a silent reader of this forum. Thanks so much for the helpful information and advice.
My case is similar a lot to many of you guys but in the end, it has turned out denied for the reason "F2A visa not available in July 2019".
Actually, it was a very weird decision.

I am currently very worried and confused and I don't know what should I do.
Please read my case and give me advice.

Field office: Baltimore, MD
Currently on a J-1 Visa (still valid)
F2A (married to a green card holder)

7/10/2019: Concurrent filing I-130, I-485, I-765, I-131 Application delivered to USCIS
7/12/2019: Priority Day for I-130
7/19/2019: NOAs Received
09/11/2019: Request for Initial Evidence for I-485 issued (ask for the proof of my wife US resident)
09/15/2019: RFE response received by USCIS (we explained my wife is currently a US permanent resident, not a US resident, and the F2A Visa is current for concurrent filling)
10/26/2019: Biometrics letter received
11/08/2019: Biometrics Completed
12/06/2019: Ready to be scheduled for an interview
02/11/2020: Combo card EAD + Advance Parole is being produced
02/13/2020: Combo card EAD + Advance Parole was in my hand
03/24/2020: Interview Scheduled
03/18/2020: Interview Cancelled due to COVID-19
09/01/2020: Interview Rescheduled
10/01/2020: Interview Completed (a very smooth interview, I-130 was approved at the spot, and IO mentioned he will check the F2A visa availability at the time I filled!!!)
10/08/2020: I-130 approved
10/16/2020: I-485 denied

In the decision letter they sent me, here is the reason for denying my I-485 which I don't understand: "At the time you filed Form I-485 on July 12, 2019, your visa category was not current. As such, USCIS cannot grant your adjustment of status in the family preference category as a spouse of a lawful permanent resident. You have provided no evidence to indicate you are immediate entitled to an immigrant visa on any other basis... If you believed that the denial of your Form I-485 is in error, you may file a motion to reopen/consider using Form I-290B, Notice of Appeal or Motion within 30 days."

Why is this? Many people did the concurrent filling in July 2019 for F2A, but they are denying me for that reason? They forgot the fact that the F2A visa was current in July 2019 for a concurrent filing? Did they make a mistake?

PLEASE HELP ME!!!

[balcase]

Hello everyone, can someone give me any advice on this? Thank you.

[Rafael1993]

You need a lawyer

[newacct]

This denial is clearly in error. F2A was current for Adjustment of Status purposes for July 2019. Did you try calling them? There is a good change they can acknowledge and put in a service request for you since it's such an obvious error.

[Gcapplicant2019]

balcase The question is , did you check the adjustment of status chart in July 2019 before you file , did they mention that you can use the final action date instead of the filling date? I did check for June 2020 before I file , but now I can’t find the chart except for the current month (November 2020). Actually your post made me very nervous, after all that waiting you get denied?

[newacct]

balcase The question is , did you check the adjustment of status chart in July 2019 before you file , did they mention that you can use the final action date instead of the filling date? I did check for June 2020 before I file , but now I can’t find the chart except for the current month (November 2020). Actually your post made me very nervous, after all that waiting you get denied?

Here is the AOS chart for July 2019.

[Gcapplicant2019]

Here is the AOS chart for July 2019.

Yes, but when I filled in June , it mentioned it clearly that F2A category can use the final action date , now I can’t find this part in June chart, if you read the current Nov chart you will know what am I talking about .

[newacct]

Yes, but when I filled in June , it mentioned it clearly that F2A category can use the final action date , now I can’t find this part in June chart, if you read the current Nov chart you will know what am I talking about .

Here is the June 2020 chart. F2A is current. The USCIS AOS chart only has one date for each category for each month.

[Gcapplicant2019]

Here is the June 2020 chart. F2A is current. The USCIS AOS chart only has one date for each category for each month.

I got it now, thank you.

[balcase]

This denial is clearly in error. F2A was current for Adjustment of Status purposes for July 2019. Did you try calling them? There is a good change they can acknowledge and put in a service request for you since it's such an obvious error.

Hi @newacct, thanks so much for your advice and understanding of my case. Actually, I was so desperate after receiving their denial letter. I also contacted my lawyer, and she also said exactly like you: they (Baltimore interviewing office) made a mistake. They used the wrong Visa Bulletin (Department of State) instead of using the USCIS Visa Bulletin. We are inside the US, that's why we adjust status, thus we use the USCIS Visa Bulletin. I have filed the appealing Form I-290B, sent to Chicago lockbox. The filing fee is $675. It cost too much for me just to correct their mistake!!!

Do you think I should also call USCIS? The reason for this is the processing time for the appealing Form I-290B is typically 180 days, which is too long. If calling USCIS is a solution, I can try at the same time with the filling of appealing Form I-290B.

[balcase]

balcase The question is , did you check the adjustment of status chart in July 2019 before you file , did they mention that you can use the final action date instead of the filling date? I did check for June 2020 before I file , but now I can’t find the chart except for the current month (November 2020). Actually your post made me very nervous, after all that waiting you get denied?

Hi Gcapplicant2019, yes my lawyer did check the USCIS Visa Bulletin before filing the adjust status. And my lawyer used the exact same chart newacct posted (F2A July 2019). Clearly, I was eligible to file the adjust status because the F2A visa was current for July 2019.
I did not understand why in my interview, the interviewing officer used the Visa Bulletin from the Department of State, instead of using the USCIS Visa Bulletin. That was where the error came from.

[Gcapplicant2019]

balcase Good morning, today my online case status changed into case was reopened, I don’t know if they were about to deny it then they wanted to reconsider the decision or the opposite, but it seems that something isn’t right , before filling we consulted 4 lawyers, 2 of them said we can file concurrent and 2 said it’s better not to do so . I think some officers still not familiar with f2A category being current. Can you please share with us your case updates and I will do.

[balcase]

balcase Good morning, today my online case status changed into case was reopened, I don’t know if they were about to deny it then they wanted to reconsider the decision or the opposite, but it seems that something isn’t right , before filling we consulted 4 lawyers, 2 of them said we can file concurrent and 2 said it’s better not to do so . I think some officers still not familiar with f2A category being current. Can you please share with us your case updates and I will do.

Hello @Gcapplicant2019: Last Thursday (11/12), I have filed the appealing Form I-290B, sent to Chicago lockbox. The filing fee is $675. As of today, I have not heard anything back from USCIS. My $675 check is still not cashed yet. We should keep each other posted in this thread. Good luck to you!

So you meant your lawyers also are not too sure about the F2A category being current at this time? (actually, the F2A category was current for the concurrent filing from last July 2019)? Your saying makes me nervous.

[Gcapplicant2019]

Hello @Gcapplicant2019: Last Thursday (11/12), I have filed the appealing Form I-290B, sent to Chicago lockbox. The filing fee is $675. As of today, I have not heard anything back from USCIS. My $675 check is still not cashed yet. We should keep each other posted in this thread. Good luck to you!

So you meant your lawyers also are not too sure about the F2A category being current at this time? (actually, the F2A category was current for the concurrent filing from last July 2019)? Your saying makes me nervous.

I know it was current, and that’s why I did it , actually the lawyer who didn’t support concurrent filling said that he prefer to file i-130 and then after 3-5 months to file adjustment of status, he said it’s current, but it’s still confusing , because only the final action date only was current.
actually many people filled everything together and got approval. There is a member here who filled concurrent in October 2019 and got approved this week .

[balcase]

Hi Gcapplicant2019, yes, that's right. I followed the thread "July 2019" for Adjustment of Status, and I knew that many many F2A people did successfully. I suspect that the officer in the Baltimore office is not familiar with this F2A concurrent filing.