USCIS agent Verbally Denied my AOS at Interview

[Henrison 3]

Hi Everyone 
I'm kinda in Panic for what just happened yesterday and still can't understand exactly why my case is supposedly getting denied .
So to start i'm an immigrant from Portugal that came to the US in 2006 with a VISA Waiver and overstayed until now and got married back in 2018 and to which my wife requested me to apply for adjustment of status a few months after our marriage. My wife's a legal resident (Green Card Holder), everything it's was going well on my petition  first I130 got approved after our interview, then after approval i sent the approved I-130 together with I-485 package including I944 and all other Forms, so a few months later got my Work permit and social security so far so good, less than 2 months later i received  a letter stating my scheduled interview date (yesterday) and to bring every document that's been sent since the beginning plus some extra ones ''which it's okay if the Agent would bother at least to look at them in the interview'' anyways we got to the appointment on time and got seated for 1 minute or so when an Agent pass by us and told us to follow him and to raised our right hand and right after that asked my Wife if she was US citizen yet or no and she said not yet because of her English and in cold words he turns to me and said so your case will be denied.
And me in chocked asked, might i know the reason why my petition is being denied and he said because i Overstayed my Visa waiver and that i been working without documents i Explained that in my taxes returns that was sent with the packaged he can see i being paying my taxes all this years and that's the only way i can provide to our family since my wife hasn't been working since she has 2 minors from the previews relationship and they been home for Virtual schooling. And he didn't care no justification why i had to work, he just said that he will be sending a letter for me to appeal my case but didn't give much details.
SO at this moment i'm wondering if any of you knows any similar Case like mine or knows how to justify my "Verbal" Denial to my petition and what to do next before and or after the letter comes?  
And if my case couldn't be considered as an adjustment of status why USCIS waited until the last interviewed to say it's not possible instead of them sending a letter in the beginning rejecting the application ? 

Thank you in Advance 
PS: i didn't get a Lawyer to help me before because of Covid, lawyers in my city weren't opened or taking cases"

[SteveInBostonI130 3,319]

I am sorry for the situation that you are in.  The reason you are denied was because of your overstay and illegal status.  They forgive overstays when you marry a US citizen.  They do not forgive it for marrying an LPR.

 

You need contact a competent immigration attorney at this point.

[HRQX 4,145]

20 minutes ago, Henrison said:

with I-485 package

I-485 was the wrong form to file since you are ineligible:

• https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-4
• https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-6

The correct form was I-601A for provisional waiver and then eventually interview in Paris Embassy: https://www.uscis.gov/family/family-of-us-citizens/provisional-unlawful-presence-waivers "The provisional unlawful presence waiver process allows those individuals who are statutorily eligible for an immigrant visa (immediate relatives, family-sponsored or employment-based immigrants as well as Diversity Visa selectees); who only need a waiver of inadmissibility for unlawful presence to apply for that waiver in the United States before they depart for their immigrant visa interview." That limits the time outside US. Some lucky cases just spend 2 to 3 weeks outside the US. Other cases end-up spending months outside the US before returning with Immigrant Visa.

 

Also, on the I-130 "The beneficiary will not apply for adjustment of status in the United States, but he or she will apply for an immigrant visa abroad at the U.S. Embassy or U.S. Consulate in" section should have been filled out. If not, you'll eventually also need Form I-824 so that USCIS forwards the I-130 to NVC: https://www.uscis.gov/i-824

Edited February 11, 2021 by HRQX

[SalishSea 16,770]

19 minutes ago, Henrison said:

Hi Everyone 
I'm kinda in Panic for what just happened yesterday and still can't understand exactly why my case is supposedly getting denied .
So to start i'm an immigrant from Portugal that came to the US in 2006 with a VISA Waiver and overstayed until now and got married back in 2018 and to which my wife requested me to apply for adjustment of status a few months after our marriage. My wife's a legal resident (Green Card Holder), everything it's was going well on my petition  first I130 got approved after our interview, then after approval i sent the approved I-130 together with I-485 package including I944 and all other Forms, so a few months later got my Work permit and social security so far so good, less than 2 months later i received  a letter stating my scheduled interview date (yesterday) and to bring every document that's been sent since the beginning plus some extra ones ''which it's okay if the Agent would bother at least to look at them in the interview'' anyways we got to the appointment on time and got seated for 1 minute or so when an Agent pass by us and told us to follow him and to raised our right hand and right after that asked my Wife if she was US citizen yet or no and she said not yet because of her English and in cold words he turns to me and said so your case will be denied.
And me in chocked asked, might i know the reason why my petition is being denied and he said because i Overstayed my Visa waiver and that i been working without documents i Explained that in my taxes returns that was sent with the packaged he can see i being paying my taxes all this years and that's the only way i can provide to our family since my wife hasn't been working since she has 2 minors from the previews relationship and they been home for Virtual schooling. And he didn't care no justification why i had to work, he just said that he will be sending a letter for me to appeal my case but didn't give much details.
SO at this moment i'm wondering if any of you knows any similar Case like mine or knows how to justify my "Verbal" Denial to my petition and what to do next before and or after the letter comes?  
And if my case couldn't be considered as an adjustment of status why USCIS waited until the last interviewed to say it's not possible instead of them sending a letter in the beginning rejecting the application ? 

Thank you in Advance 
PS: i didn't get a Lawyer to help me before because of Covid, lawyers in my city weren't opened or taking cases"

What is it that you don't understand about the denial?

[Crazy Cat 39,227]

20 minutes ago, Henrison said:

Hi Everyone 
I'm kinda in Panic for what just happened yesterday and still can't understand exactly why my case is supposedly getting denied .
So to start i'm an immigrant from Portugal that came to the US in 2006 with a VISA Waiver and overstayed until now and got married back in 2018 and to which my wife requested me to apply for adjustment of status a few months after our marriage. My wife's a legal resident (Green Card Holder), everything it's was going well on my petition  first I130 got approved after our interview, then after approval i sent the approved I-130 together with I-485 package including I944 and all other Forms, so a few months later got my Work permit and social security so far so good, less than 2 months later i received  a letter stating my scheduled interview date (yesterday) and to bring every document that's been sent since the beginning plus some extra ones ''which it's okay if the Agent would bother at least to look at them in the interview'' anyways we got to the appointment on time and got seated for 1 minute or so when an Agent pass by us and told us to follow him and to raised our right hand and right after that asked my Wife if she was US citizen yet or no and she said not yet because of her English and in cold words he turns to me and said so your case will be denied.
And me in chocked asked, might i know the reason why my petition is being denied and he said because i Overstayed my Visa waiver and that i been working without documents i Explained that in my taxes returns that was sent with the packaged he can see i being paying my taxes all this years and that's the only way i can provide to our family since my wife hasn't been working since she has 2 minors from the previews relationship and they been home for Virtual schooling. And he didn't care no justification why i had to work, he just said that he will be sending a letter for me to appeal my case but didn't give much details.
SO at this moment i'm wondering if any of you knows any similar Case like mine or knows how to justify my "Verbal" Denial to my petition and what to do next before and or after the letter comes?  
And if my case couldn't be considered as an adjustment of status why USCIS waited until the last interviewed to say it's not possible instead of them sending a letter in the beginning rejecting the application ? 

Thank you in Advance 
PS: i didn't get a Lawyer to help me before because of Covid, lawyers in my city weren't opened or taking cases"

The agent was correct.  You cannot adjust status through your wife.....for the reasons he stated.  I don't see any reason to appeal.  USCIS did not err.  

[SalishSea 16,770]

OP,  you overstayed and worked illegally for 15 years.  You were rightly denied.

[Crazy Cat 39,227]

Even if the OP had not overstayed, he could not adjust status after entering via VWP.  

[Henrison 3]

13 minutes ago, Jorgedig said:

What is it that you don't understand about the denial?

I Don't Understand if i didn't qualify Why USCIS didn't Rejected my Application long time Before?

[SalishSea 16,770]

1 minute ago, Henrison said:

I Don't Understand if i didn't qualify Why USCIS didn't Rejected my Application long time Before?

Not sure why they let you even get an interview, but the USCIS website is pretty clear as to the criteria for adjusting status.  

[HRQX 4,145]

4 minutes ago, Henrison said:

I Don't Understand if i didn't qualify Why USCIS didn't Rejected my Application long time Before?

Sometimes ineligible cases (like yours) get passed the Lockbox stage. It is very odd that it passed the NBC stage, though. As I mentioned above, your only available path was consular processing with a provisional waiver.

Edited February 11, 2021 by HRQX

[Crazy Cat 39,227]

5 minutes ago, Henrison said:

I Don't Understand if i didn't qualify Why USCIS didn't Rejected my Application long time Before?

The case was denied after review by the USCIS immigration Officer at the time of adjudication.  

Edited February 11, 2021 by Lucky Cat

[Henrison 3]

1 minute ago, HRQX said:

Sometimes ineligible cases (like yours) get passed the Lockbox stage. It is very odd that it got passed the NBC stage, though. As I mentioned above, your only available path was consular processing with a provisional waiver.

That's why it's very confusing because even on my approved I-130 states that i'm living in US and wish to adjust my status to a Green Card Holder.

 

 

[HRQX 4,145]

1 minute ago, Henrison said:

That's why it's very confusing because even on my approved I-130 states that i'm living in US and wish to adjust my status to a Green Card Holder.

That is because your wife filled out the wrong section. She should have filled out the following section:

30 minutes ago, HRQX said:

on the I-130 "The beneficiary will not apply for adjustment of status in the United States, but he or she will apply for an immigrant visa abroad at the U.S. Embassy or U.S. Consulate in" section should have been filled out. If not, you'll eventually also need Form I-824 so that USCIS forwards the I-130 to NVC: https://www.uscis.gov/i-824

 

[Crazy Cat 39,227]

This is one case when an attorney would have been beneficial.  A competent lawyer would have told you that you were ineligible to adjust.  If you had come here first, we would have also told you.

Edited February 11, 2021 by Lucky Cat

[Henrison 3]

2 minutes ago, Lucky Cat said:

This is one case when attorney would been beneficial.  A competent lawyer would have told you that you were ineligible to adjust.

That's the Issue with Lawyers in my City because even when the organization that helped me to fill I130 should had told me that...