I-765 Denied and I-485 administratively closed

[Afolabi 0]

Hi all, I received a letter regarding a decision made on my I-765 and I-485 

Here it is as follows

Upon consideration, it is ordered that your application for employment authorization, form i-765, pursuant to Title 8, code of federal regulations, Section 274 is denied for the following reasons

 

Title 8 CFR, Section 274a.12, states that employment authorization may be granted to

(c)(9( An alien who has filed an application for adjustment of status to lawful permanent resident pursuant to part 245 of this chapter. for the purposes of section 245 (c)(8) of the act, an alien will not be deemed to be an "unauthorized alien" as defined in section 274A(h)(3) of the act while his or her properly filed form i-485 application is pending final adjudication, if the alien has otherwise obtained permission from the service pursuant to 8 CFR 274a.12 to engage in employment, or if the alien had been granted employment authorization prior to the filing of the adjustment application and such authorization does not expire during the pendency of the adjustment application. Upon meeting these conditions, the adjustment applicant need not file an application for employment authorization to continue employment during the period described  in the preceding sentence

 

Lastly, USCIS, show that you filed an Application to register permanent resident or adjust status, form i-485. A review of the records further indicates your form i-485 was administratively closed. Because your application for adjustment of status is no longer pending, you are not eligible for employment authorization and your application for employment authorization, i-765 is hereby denied. There is no appeal to this decision 

 

Thanks everyone for reading this long script lol

Here are my questions

1. Why was my i-485 administratively closed and what does it mean, and how do i re-open the case

2. What does it mean by an application for adjustment of status is no longer pending? What could have caused it not pending? How do i make it pending?

[canadian_wife 1,791]

Good afternoon,

 

We cannot answer your questions until you give us the background of your case.  Who is the US citizen?  What visa is the immigrant adjusting status from?

 

Good luck 

[Afolabi 0]

My wife is the US Citizen @canadian_wife its adjusting form an F1 visa. Thanks 

[geowrian 22,335]

When did you file the I-485? Did you get any RFEs? Did you respond?

[Afolabi 0]

I filed the i-485 on december 22 of 2016. Whats an RFEs? @geowrian But i did receive a letter for a request for initial evidence (i-485) on feb the 15th. if thats what you are asking about?

[geowrian 22,335]

1 minute ago, Afolabi said:

I filed the i-485 on december 22 of 2016. Whats an RFEs? @geowrian But i did receive a letter for a request for initial evidence (i-485) on feb the 15th. if thats what you are asking about?

RFE = Request for Evidence

Okay, so you got an RFIE. Did you respond to it? What was the date for a response?

[Afolabi 0]

Yes I did respond and it was received on March 1st and my case my administratively closed on March 10th because my adjustment of status is no longer pending with I'm totally confused about @geowrian 

[geowrian 22,335]

5 minutes ago, Afolabi said:

Yes I did respond and it was received on March 1st and my case my administratively closed on March 10th because my adjustment of status is no longer pending with I'm totally confused about @geowrian 

Hmm, that's really odd if they received and acknowledged receipt of the response. If that's the case, it sounds like the response was not acceptable and they denied the I-485. They should send a hardcopy reason for the denial with more details.

 

As of right now, you are out of status. However, you can refile for AOS and regain authorized stay. But it's probably best to wait until the hardcopy notice comes in so you can resolve whatever issue caused the denial. Please keep us updated. Best wishes.

[Afolabi 0]

12 minutes ago, geowrian said:

Hmm, that's really odd if they received and acknowledged receipt of the response. If that's the case, it sounds like the response was not acceptable and they denied the I-485. They should send a hardcopy reason for the denial with more details.

 

As of right now, you are out of status. However, you can refile for AOS and regain authorized stay. But it's probably best to wait until the hardcopy notice comes in so you can resolve whatever issue caused the denial. Please keep us updated. Best wishes.

I Know right. The i-765 was what was denied not the i-485. The i-485 was just closed. Or maybe that means being denied Idk lol.

Once again thanks @geowrian for your time and help. Will consider another refile for AOS.

[zilchfox 296]

6 minutes ago, Afolabi said:

I Know right. The i-765 was what was denied not the i-485. The i-485 was just closed. Or maybe that means being denied Idk lol.

Once again thanks @geowrian for your time and help. Will consider another refile for AOS.

I-765 was filed based on your pending I-485, so if your I-485 was closed, the I-765 gets auto-denied because of it. They will send you a letter via snail mail as to why it was closed.

 

I wouldn't worry about the I-765 at this point, as your I-485 is your primary concern.

Edited May 22, 2017 by zilchfox

[Afolabi 0]

4 minutes ago, zilchfox said:

I-765 was filed based on your pending I-485, so if your I-485 was closed, the I-765 gets auto-denied because of it. They will send you a letter via snail mail as to why it was closed.

 

I wouldn't worry about the I-765 at this point, as your I-485 is your primary concern.

Whats a snailmail @zilchfox because i never got that, hmmm curious!!! The last mail i got didn't give the reason why it was closed otherwise just stating my AOS was no longer pending which caused it to be closed. Weird

[zilchfox 296]

Just now, Afolabi said:

Whats a snailmail @zilchfox because i never got that, hmmm curious!!! The last mail i got didn't give the reason why it was closed otherwise just stating my AOS was no longer pending which caused it to be closed. Weird

Snail mail is a slang term for physical postal mail (i.e. USPS, or United States Postal Service).

 

Not much you can do but wait for the letter to arrive in the mail, and if it's for a stupid reason (aka they received your response a day later than they gave you), you might be able to appeal to re-open the case so you don't lose all that wait time, but if I had to guess it's probably because what you submitted for the RFIE wasn't sufficient enough to satisfy USCIS, so they just closed your case instead — at least you'd learn what you did wrong so you don't make the same mistake again should you need to refile.

[Pinkrlion 2,607]

You came on a B2, did u file I-130?  What was RFE for?  You will have to refile I-485 unless you can prove satisfaction of RFE.  Contact your congressman for assistance.

[Afolabi 0]

1 hour ago, Pinkrlion said:

You came on a B2, did u file I-130?  What was RFE for?  You will have to refile I-485 unless you can prove satisfaction of RFE.  Contact your congressman for assistance.

Yes I came on a B2 and I did file for an I-130 but never got a receipt. The RFE stated for the petitioner/sponsor on form i-864, affidavit of support, must submit a complete federal income tax return submitted to the IRS for the most recent tax year 2015 

Where do i check online to get the contact information in my local congressman thanks

[Pinkrlion 2,607]

What was sent to satisfy the request for tax documents?

 

http://www.house.gov/representatives/find/

 

each representative has their own website.