Rejected 485 Form, but have letter about I-130

[Ryan_and_Priscy 16]

Dear All,

I have a friend (applicant) who submitted the following forms in July 26, 2014 (All in the same package):

I-485

I-864 (Submitted by her petitioner and sponsor -her mother)

I-864 (Submitted by co-sponsor)

Her sponsor and petitioner sent I-130. A letter confirming that USCIS received this latter form was sent back on September.

However, USCIS sent all the forms back except I-130 along with the uncashed check and a green paper with the following note:

Dear Applicant,

We are sorry to inform you that we have rejected your application for the reasons indicated on the I-797 Reject Notice.

You are invited to resubmit your application package after you have corrected the reason for rejection. If you have any questions please contact lockboxsupport@dhs.gov.

When you resubmit your application, please enclose this letter with your re-submission.

Place this letter on top of your application package.

I am also providing an extract of the Notice of Action she received:

"This is in reference to the I-485, Application to Register Permanent Residence or Adjust Status, you submitted. Your I-485, fees, and any supporting documentation is being returned to you for the following reason(s):

Based on the information you provided, your priority date could not be established. Please resubmit your application with the proper documentation to the address listed on the bottom of this notice.

The following documents may be provided:

Your original Form I-130

Your original Form I-.140

Your original Form I-360

A copy of your form I-797 if the I-130, I-140, I-360, or I-526 petition has already been filed/approved; or

Other evidence that an immigration visa petition has been filed/approved on your behalf.

She has contacted by email and by phone but hasn't got any response, just for form I-130 that case is in initial process. Our question is if anyone knows about the "priority date" they mention above. Also, if someone receives this type of notification, does it mean the petitioner is "illegal"? Can she win this case by presenting the Notice her mother got for I-130 in September?

Thank you very much in advance for your guidance.

[Pitaya 2,576]

What type of visa are you adjusting from?

[aleful 1,905]

hi

how old is your friend? is she under 21 and her mother a USC?

if she is over 21, then she doesn't qualify to adjust status in the US. how long has she been in the US?

What country is she from?

there are many years of waiting for children over 21 and why did they send in all the forms?

[KayDeeCee 4,891]

Yes, how old is the child? How did they enter the US/what visa?

You needed to include a copy of the I-130 approval or receipt notice.

If you are eligible to apply for adjustment of status then follow this guide. The I-485 requires supporting documentation besides just the I-864 > http://www.visajourney.com/content/i130guide2

[Ryan_and_Priscy 16]

What type of visa are you adjusting from?

Remember, it is not me.

My friend is adjusting from Student visa.

[Ryan_and_Priscy 16]

hi

how old is your friend? is she under 21 and her mother a USC? She is 32. Mother is only US Legal resident, who obtained it from her oldest son who is married to a US Citizen and had been living in the US for over 20 years.

if she is over 21, then she doesn't qualify to adjust status in the US. how long has she been in the US? This is a new information for us. Where is that information available that if she is over 21 she doesn't qualify to adjust status? She has been twice already, first on J1 visa now over 2 years under student visa.

What country is she from? Guatemala

there are many years of waiting for children over 21 and why did they send in all the forms? You can send all forms, at least that is what they were told by USCIS before sending them altogether. I did this same process as well when I applied for myself and for my dad's residence. However, if there is something different that says that NOT all forms should be sent together, then this is a new thing. Regardless, in the papers she got back, it doesn't clearly say what she is missing. USCIS kept form 130 and sent the other documents back.

Edited December 30, 2014 by Ryan_and_Priscy

[Ryan_and_Priscy 16]

Yes, how old is the child? How did they enter the US/what visa? She is already 32 and entered the second time under student visa.

You needed to include a copy of the I-130 approval or receipt notice. Yes, but it is "funny" that USCIS got all documents at the same time, however kept form 130 and sent the other documents back with the rejection note.

If you are eligible to apply for adjustment of status then follow this guide. The I-485 requires supporting documentation besides just the I-864 > http://www.visajourney.com/content/i130guide2

All the documents, including, the Biographic form (G325A) were submitted.

[Pitaya 2,576]

~Moved from Fam.-based AOS to WST-based AOS Forum~

~Friend is adjusting from student visa~

[KayDeeCee 4,891]

Yes, how old is the child? How did they enter the US/what visa? She is already 32 and entered the second time under student visa.

You needed to include a copy of the I-130 approval or receipt notice. Yes, but it is "funny" that USCIS got all documents at the same time, however kept form 130 and sent the other documents back with the rejection note.

If you are eligible to apply for adjustment of status then follow this guide. The I-485 requires supporting documentation besides just the I-864 > http://www.visajourney.com/content/i130guide2

All the documents, including, the Biographic form (G325A) were submitted.

What makes them eligible to file for AOS within the US? The I-130 was just sent in Sept. You would need an approved I-130 with a current priority date. They would be category F2B. The current Dec. visa bulletin states you will have about a 7 year wait. >

(F2B) Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents: 23% of the overall second preference limitation.

http://travel.state.gov/content/visas/english/law-and-policy/bulletin/2015/visa-bulletin-for-december-2014.html

http://travel.state.gov/content/visas/english/immigrate/types/family/family-preference.html#1

Family Second Preference (F2): Spouses, minor children, and unmarried sons and daughters (age 21 and over) of LPRs. At least seventy-seven percent of all visas available for this category will go to the spouses and children; the remainder is allocated to unmarried sons and daughters. (114,200)

http://www.uscis.gov/sites/default/files/files/form/i-485instr.pdf

Who May File Form I-485?

1. Based on an immigrant petition

You may apply to adjust your status if:

A. An immigrant visa number is immediately available

to you based on an approved immigrant petition;

http://www.uscis.gov/sites/default/files/files/form/i-485instr.pdf

[Ryan_and_Priscy 16]

Here is what she her mother sent based on the USCIS website info:

http://www.uscis.gov/family/family-us-citizens/children/bringing-children-sons-and-daughters-live-united-states-permanent-residents

If you are a permanent resident, you must demonstrate your status with:

• A copy (front and back) of Form I-551 (green card)
• A copy of your child’s birth certificate issued by civil authorities

Now in my own research I see that she shouldn't have sent all form at once.

Filing for Your Relative Who Lives in the United States

Permanent resident (green card holder) petitioning for your child, son, or daughter You file Form I-130. Your child, son, or daughter may file Form I-485 when a visa becomes available. See the “Visa Bulletin” and “Green Card” links to the right.

Aleful, you were right. My friend should have waited for her mom's application in form 130 to be approved first. I found it in USCIS.gov as well. I will share it with them so they can further read and take the proper steps. Thank you all for your responses.

.

Edited December 30, 2014 by Ryan_and_Priscy

[Ryan_and_Priscy 16]

What makes them eligible to file for AOS within the US? The I-130 was just sent in Sept. You would need an approved I-130 with a current priority date. They would be category F2B. The current Dec. visa bulletin states you will have about a 7 year wait. > It was sent together in July with the application form 485. Pardon if the timelime of how I wrote before wasn't clear. Her mother got until sept. the certification letter of form 130 that such form was received. Yes, after digging more I found that it has to be approved with a current priority date. 7 years? Wow...

(F2B) Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents: 23% of the overall second preference limitation.

http://travel.state.gov/content/visas/english/law-and-policy/bulletin/2015/visa-bulletin-for-december-2014.html

http://travel.state.gov/content/visas/english/immigrate/types/family/family-preference.html#1

Family Second Preference (F2): Spouses, minor children, and unmarried sons and daughters (age 21 and over) of LPRs. At least seventy-seven percent of all visas available for this category will go to the spouses and children; the remainder is allocated to unmarried sons and daughters. (114,200)

http://www.uscis.gov/sites/default/files/files/form/i-485instr.pdf

Who May File Form I-485?

1. Based on an immigrant petition

You may apply to adjust your status if:

A. An immigrant visa number is immediately available

to you based on an approved immigrant petition;

http://www.uscis.gov/sites/default/files/files/form/i-485instr.pdf

[aleful 1,905]

hi

in order for her to adjust status in the US, she would have to remain legally in the country for all those 7 or more years of waiting, such as a work visa or student visa, she cannot become illegal not even one day

children over 21 are supposed to wait in their country of origin and have the interview via consular processing, there are countries that have more than 7 years of waiting, that's why I asked from What country she was from.

For example, Mexicans have 20 years of waiting and they cannot marry until the parent becomes a USC

The i485 is only for certain categories with no wait, such as immediate relatives: children under 21 of a USC who entered legally, there is no time of waiting

the i130 is the only form that the mother should have filed, once approved it will be sent to the National Visa Center, center that works with cases that will be processed via consular processing.

there it will sit and collect dust until the priority date becomes current, where the second part of the process begins. because children of LPR or children over 21 of USC don't qualify to adjust status in the US

[aleful 1,905]

she is on a student visa now, but will she be studying during 7 more years? meaning she has to keep studying non stop?

only she can adjust status if she has been here legally in the US since she entered and her priority date is current, she can send her adjustment of status packet with evidence that she has been legally in the country all that time

if she cannot maintain legal status, she has to return to Guatemala and go through Consular processing

Also, if she marries, the petition will be voided, unless she marries in over 5 years, after her mother becomes a USC. Residents cannot file for married children, only USC can

Unless she falls in love with a USC and decides to file a spousal visa, then she won't need her mother's petition.

Anything can happen in so many years

Edited December 30, 2014 by aleful

[Ryan_and_Priscy 16]

hi

in order for her to adjust status in the US, she would have to remain legally in the country for all those 7 or more years of waiting, such as a work visa or student visa, she cannot become illegal not even one day

children over 21 are supposed to wait in their country of origin and have the interview via consular processing, there are countries that have more than 7 years of waiting, that's why I asked from What country she was from.

For example, Mexicans have 20 years of waiting and they cannot marry until the parent becomes a USC

The i485 is only for certain categories with no wait, such as immediate relatives: children under 21 of a USC who entered legally, there is no time of waiting

the i130 is the only form that the mother should have filed, once approved it will be sent to the National Visa Center, center that works with cases that will be processed via consular processing.

there it will sit and collect dust until the priority date becomes current, where the second part of the process begins. because children of LPR or children over 21 of USC don't qualify to adjust status in the US

thank you Aleful. Here the only information that seems different, if "children over 21 are supposed to wait in their country of origin and have the interview via consular processing," but USCIS doesn't states that this just the option. Here is the other one:

Filing for Your Relative Who Lives in the United States

Permanent resident (green card holder) petitioning for your child, son, or daughter You file Form I-130. Your child, son, or daughter may file Form I-485 when a visa becomes available. See the “Visa Bulletin” and “Green Card” links to the right.

As mentioned before, the mother is Permanent resident, residing in the US. The daughter is also in the US under student visa. Anyways, they will contact USCIS and plan to get an infopass to confirm all again.

[Ryan_and_Priscy 16]

she is on a student visa now, but will she be studying during 7 more years? meaning she has to keep studying non stop? I can't answer for that! She will decide but of course, her plan is continue studying.

only she can adjust status if she has been here legally in the US since she entered and her priority date is current, she can send her adjustment of status packet with evidence that she has been legally in the country all that time

if she cannot maintain legal status, she has to return to Guatemala and go through Consular processing

Also, if she marries, the petition will be voided, unless she marries in over 5 years, after her mother becomes a USC. Residents cannot file for married children, only USC can

Unless she falls in love with a USC and decides to file a spousal visa, then she won't need her mother's petition.

Anything can happen in so many years Sure, Anything can happen. just FYI, she is engaged to her Guatamalan long time boyfriend. Although, no plans of marrying soon either. He visits her periodically as he has VISA to enter legally.

Edited December 30, 2014 by Ryan_and_Priscy