F2A 485 AOS denied. Need help!

[piff 46]

just wanted to give you an update on my case, it was finally re opened and then approved . I now have my Greencard! Thank you everyone who helped :-) and I wish everyone good luck and success on their applications :-)

very nice and happy for you! You still had to pay a fee to re-open the case? Was it hard? Did you have an attorney? What category of a green card they gave you?

[Lovelynyc 0]

very nice and happy for you! You still had to pay a fee to re-open the case? Was it hard? Did you have an attorney? What category of a green card they gave you?

Thank you so much,

No I didn't have to a fee to reopen my case. At the infopass the immigration officer made a service motion to reopen my case. It was a very lengthy process. I also hired a lawyer and contacted the Congresswomans Office and they took on my case also. I provided all the facts that were needed to prove the denial was an error. And I consistently contacted the USCIS until it was reopened. And my green card is based on AOS through family member F2B

[patelsp 0]

Guys, mine same situation. Need urgent help.

Filed under Family based F2B.
PD: 09/03/2009
Sent I485 on April 22nd, 2016.
Interview scheduled for May 15, 2016.
IO said everything is good except resubmit expired i693 which I did in next two weeks.
They received new i693 and went in review.
After 3 weeks of interview, they denied saying that when I submitted my i485, my priority date was not current.

Now, this decision is based on "Final Action chart". USCIS determines every month which chart to use on their website to file i485.
For the month of April - 2016, USCIS posted "Date of filing" chart which allows me to submit i485 for the same month. My PD became current in May - 2016.

So where am I wrong?

[patelsp 0]

On 7/1/2016 at 2:42 PM, Lovelynyc said:

Thank you so much,

No I didn't have to a fee to reopen my case. At the infopass the immigration officer made a service motion to reopen my case. It was a very lengthy process. I also hired a lawyer and contacted the Congresswomans Office and they took on my case also. I provided all the facts that were needed to prove the denial was an error. And I consistently contacted the USCIS until it was reopened. And my green card is based on AOS through family member F2B

Hello Lovelynyc,

Please review my case. I am in same horrible situation and your opinion will greatly help. I have poseted above and have here too.

 

Filed under Family based F2B.
PD: 09/03/2009
Sent I485 on April 22nd, 2016.
Interview scheduled for May 15, 2016.
IO said everything is good except resubmit expired i693 which I did in next two weeks.
They received new i693 and went in review.
After 3 weeks of interview, they denied saying that when I submitted my i485, my priority date was not current.

Now, this decision is based on "Final Action chart". USCIS determines every month which chart to use on their website to file i485.
For the month of April - 2016, USCIS posted "Date of filing" chart which allows me to submit i485 for the same month. My PD became current in May - 2016.

So where am I wrong?

[piff 46]

8 hours ago, patelsp said:

Hello Lovelynyc,

Please review my case. I am in same horrible situation and your opinion will greatly help. I have poseted above and have here too.

 

Filed under Family based F2B.
PD: 09/03/2009
Sent I485 on April 22nd, 2016.
Interview scheduled for May 15, 2016.
IO said everything is good except resubmit expired i693 which I did in next two weeks.
They received new i693 and went in review.
After 3 weeks of interview, they denied saying that when I submitted my i485, my priority date was not current.

Now, this decision is based on "Final Action chart". USCIS determines every month which chart to use on their website to file i485.
For the month of April - 2016, USCIS posted "Date of filing" chart which allows me to submit i485 for the same month. My PD became current in May - 2016.

So where am I wrong?

you are NOT wrong, instead, the USCIS officer made a mistake. We're doing the same in F2A - so I've ready a few posts. Now, what you can do is get an INFOPASS and request to talk to a supervisor or a branch manager. BTW, what Field Office was it at?

[patelsp 0]

4 hours ago, piff said:

you are NOT wrong, instead, the USCIS officer made a mistake. We're doing the same in F2A - so I've ready a few posts. Now, what you can do is get an INFOPASS and request to talk to a supervisor or a branch manager. BTW, what Field Office was it at?

Hey piff, thank you for getting back. I believe the same when I compare my case with such other cases. This i Houston TX. And from last 2 days, I am trying to get infopass but it is packed. I am checking all off rush hours, midnight and early morning but no luck. So I am just waiting for opinion from lawyer to make sure that this is"100% USCIS error". Lawyer is checking on with their internal contacts. I am worried about getting infopass.

[piff 46]

8 minutes ago, patelsp said:

Hey piff, thank you for getting back. I believe the same when I compare my case with such other cases. This i Houston TX. And from last 2 days, I am trying to get infopass but it is packed. I am checking all off rush hours, midnight and early morning but no luck. So I am just waiting for opinion from lawyer to make sure that this is"100% USCIS error". Lawyer is checking on with their internal contacts. I am worried about getting infopass.

you should be able to just go in there and explain it to them. it is their fault and I hope you don't have to file a motion to reopen. how did interview go and how long did it take from applying to getting scheduled? did the immigration officer originally at the interview even acknowledged that you were under F2B?

[patelsp 0]

Just now, piff said:

you should be able to just go in there and explain it to them. it is their fault and I hope you don't have to file a motion to reopen. how did interview go and how long did it take from applying to getting scheduled? did the immigration officer originally at the interview even acknowledged that you were under F2B?

I am not sure if my lawyer suggests me to file motion or just get it done this way as I am now going to rely on lawyers opinion, which I think is good idea. As I applied in April-2016, they interviewed on May 15, 2017. At the time of interview, IO said everything is fine except I need to resubmit medical as It was expired and which I did after few days of interview. They received medical and file went under review.  Now on June 21, 2017 they denied saying above mentioned reason. Yes, IO lawyer did acknowledged in interview that I am under F2B. The I130 petition was filed under F2B and when petitioner became citizen, this category was going to change to F1 but requested NVC and USCIS to retain category in F2B it has dates rolling much faster and ahead than F1 in last two years.  In interview everything went well, IO asked very few questions and said all good except expired i693.

[patelsp 0]

20 hours ago, patelsp said:

I am not sure if my lawyer suggests me to file motion or just get it done this way as I am now going to rely on lawyers opinion, which I think is good idea. As I applied in April-2016, they interviewed on May 15, 2017. At the time of interview, IO said everything is fine except I need to resubmit medical as It was expired and which I did after few days of interview. They received medical and file went under review.  Now on June 21, 2017 they denied saying above mentioned reason. Yes, IO lawyer did acknowledged in interview that I am under F2B. The I130 petition was filed under F2B and when petitioner became citizen, this category was going to change to F1 but requested NVC and USCIS to retain category in F2B it has dates rolling much faster and ahead than F1 in last two years.  In interview everything went well, IO asked very few questions and said all good except expired i693.

Hello piff,

Infopass appointment I got is for 13th June. Houston office is so much busy. My 30 days ends on 21st. So I am planning to file a motion with help of lawyer.

I am thinking on your statement that you were saying "I hope you don't have to file a motion to reopen". Is it not okey to argue their error thorough motion?

[piff 46]

1 hour ago, patelsp said:

Hello piff,

Infopass appointment I got is for 13th June. Houston office is so much busy. My 30 days ends on 21st. So I am planning to file a motion with help of lawyer.

I am thinking on your statement that you were saying "I hope you don't have to file a motion to reopen". Is it not okey to argue their error thorough motion?

Did you try to go in there? Just go in therr and speak to a supervisor or branch manager. 

[patelsp 0]

9 minutes ago, piff said:

Did you try to go in there? Just go in therr and speak to a supervisor or branch manager. 

No. Not visited field office without infopass yet. Let me see. Thank you.

[piff 46]

27 minutes ago, patelsp said:

No. Not visited field office without infopass yet. Let me see. Thank you.

and of course an attorney will be asking you to pay a fee to do the motion for you - I'd not do that, it is a serious immigration matter but they made a mistake. the fast you go there the more chances are that your file is still there

[patelsp 0]

2 hours ago, piff said:

and of course an attorney will be asking you to pay a fee to do the motion for you - I'd not do that, it is a serious immigration matter but they made a mistake. the fast you go there the more chances are that your file is still there

I understood. Let me see. Thank you very much.

[piff 46]

29 minutes ago, patelsp said:

I understood. Let me see. Thank you very much.

Get them, good luck!!! Feel free to pm me

[patelsp 0]

21 hours ago, piff said:

Get them, good luck!!! Feel free to pm me

Hey piff,

So I have sent motion today thorough attorney. I understood that I am loosing money to pay fees but I am in very critical situation here. I have one very important question.

As my student status got void and and they denied this i485 on June 21st, Technically right now I am out of status. They give 30 days to file a motion otherwise this decision will be considered final. So when they will review this my motion, they will "have to overlook" my this gap of unlawful presence while correcting their mistake, right?