patelsp

10 minutes ago, sumranbi said:

This is the chart they used in April 2016. https://www.uscis.gov/visabulletin-apr-16

you were indeed current and eligible to apply. There is a similar thread on VJ of the same case. They got an infopass and got the case reopened.

Hey..sumranbi,

Thank you for taking time here. I got it. Although I believe I went thorough similar cases here on VJ, can you post here that link to make sure. btw, I filed motion today to reopen with arguing USCIS error and adjudicate to approve it. So this decision was from June 21st and I am sending motion today. Next is long weekend until Tuesday bcos of 4th of July. So I dont know now how long would it take. Any idea?
What was your case?

34 minutes ago, piff said:

yes, it will be disregarded. at the same time go to the local office and deal with them over there, then you don't have to wait for motion to reconsider to be pending for several months. did you just stop going to school and this is how your F-1 got voided out?

Alright, I got you regarding gap of unlawful presence. Regarding Student F-1, I came on F-1 on Jan-2015 and graduated in Dec-2016. In Dec-2016, I had two options to opt EAD. OPT ead or i485 based ead. I applied for i485 ead. So as I did not applied for opt ead, I am no more in F-1 status and decision letter says this statement that "Your student visa is expired when you graduated in Dec-2016. You cannot stay in United States."

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?

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.

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.

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?

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.

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.

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?

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?

18 minutes ago, Hypnos said:

I'm saying it makes no difference. 

 

Look, the chart I've linked to at least twice makes it quite clear here. Either you believe the chart, in which case your issues were caused by a USCIS screw up, or you don't. That's really what it boils down to. 

Alright Got it. My apologies but I am in horrible situation here so.....I will get back tomorrow. Thanks a lot.

5 minutes ago, Hypnos said:

USCIS changed the way they phrased things on their Visa Bulletin page in more recent months. It wasn't a material change, just a change in how the information was presented. 

..trying to get you. what point you are trying to make here?

4 hours ago, Hypnos said:

Laurel Scott would be another one that comes to mind.

 

http://www.scottimmigration.net/content/consultation-overview

Hello Hypnos,

I just realized something more on this. So below are both charts.

12 minutes ago, Hypnos said:

http://www.lizzcannonlaw.com/contact-lizz/ (initial consultation is free)

 

https://www.shusterman.com/schedule-immigration-consultation/ (initial consultation is $425--there's a reason he is probably the best immigration attorney in the country, and that costs $$$)

 

 

I tried to reach both of them. I have submitted request to first one. The other has backlogs for appointments and I was thinking do you have any other such lawyer with expert in such cases.?

7 minutes ago, Hypnos said:

Well, I'm going to say the first lawyer is correct since they agree with my position and I believe I'm right.

 

You may wish to speak to lawyers regularly recommended around here. One would be Lizz Cannon, and another would be Carl Shusterman. If they both told you the same thing then I'd be inclined to believe it 100%, whatever it was.

How can I consult them? Can you please help.

38 minutes ago, Hypnos said:

You are mistaken.

 

4-A refers to the entire chart.

 

Okey. Got it. So I have in big problem here. I consulted two lawyers. One is saying to file MTR and you are with him on same page using this chart. The other lawyer does not use to this chart to determine any kind of eligibility for such case. He says USCIS is correct as you filed early. You have to get approval from USCIS for your unauthorized stay from "Dec -2106(Student visa expired as graduated) to Now." Than you reopen Case to Bombay Consulate overseas and tell them you had denied i485 for so and so reason but your stay was lawful. And so to allow to enter again into United states. What do you think? With which lawyer I can go? And Lets say if I file or MTR and it denies again, How much time do I have to fly back to leave from  here being in lawfully.

2 minutes ago, Hypnos said:

I don't see anything in the DoS chart that indicates it can only be used for F2A.

It is there just above the 2nd chart which says "Visit www.uscis.gov/visabulletininfo for information on whether USCIS has determined that this chart can be used (in lieu of the chart in paragraph 4.A.) this month for filing applications for adjustment of status with USCIS." Now paragraph 4.A is family based F2A. Can you please check this?

Check below screen from USCIS web for April - 2016

11 minutes ago, Hypnos said:

I already linked USCIS' April 2016 interpretation of the Visa Bulletin above (https://www.uscis.gov/visabulletin-apr-16).

 

Basically, each month USCIS takes the DoS Visa Bulletin and decides for the coming month whether they will accept AoS applications under the "Application Final Action" or "Dates For Filing" section. For April 2016 you can see they used the "Dates For Filing".

 

 

Thanks for quick response.
I am wondering if these filing dates chart that you are referring to is applied for ALL CATEGORIES of Family based or applied to SPECIFIC Family based category?
Because the previous highlighted with yellow from NVC page tells that this chart can be used ONLY against Family Based F2A category.

Can you please review one more time for me the one that I highlighted?

On 6/23/2017 at 6:23 PM, patelsp said:

Okey. So lets see how I am proceeding with the help of lawyer from Monday. Thanks.

Hello Hypnos,

We just consulted lawyer but we are also reviewing visa bulletin and USCIS resources. If you check below screenshot from Visa bulletin April - 2016 (CHECK HIGHLIGHTED), it says that chart you were referring can be used only only in case of FAMILY BASED F2A category. Can you tell me what you know about this? Thanks.

Just now, Hypnos said:

When your I-485 was denied then your EAD (and AP, if you applied for that too) was automatically invalidated.

Okey. So lets see how I am proceeding with the help of lawyer from Monday. Thanks.

Just now, patelsp said:

Awesome..God bless you man. Will catch you at earliest.

Also one more thing .What is going to happen to my EAD as it based on this denied application? They also said that My student visa is expired as I completed my graduation in Dec 2016. And at that time, I applied for GC EAD instead of OPT EAD.

3 minutes ago, Hypnos said:

Please do post back. Others who might find themselves in similar situations would be very grateful at the very least.

Awesome..God bless you man. Will catch you at earliest.

6 minutes ago, Hypnos said:

I mean, they're right--but that's their mistake by misapplying their rules. Yes, your priority date wasn't current in the month you filed, but as you see in the chart I linked above, for that month they used the "Dates For Filing" chart, which allowed you to file your I-485. They should have then held your application until your priority date was closer to becoming current and then scheduled the interview, although in this case your priority date became current in the very next month so it likely wouldn't have made much difference with the scheduling.

 

I still think this is a USCIS error, and so a Motion to Reconsider is the best way to handle it. Absolutely talk to a good immigration attorney ASAP.

Got it..Your this opinion values "million dollar"..Thank you very much. Actually I have good Lawyer meet on Monday. Lets see. ASSUMING you are here active and expecting little more help, would you mind if I update here to ask you as how it goes in next couple of BUSINESS DAYS? Your opinion will still help. 

5 minutes ago, Hypnos said:

I don't think USCIS have done this correctly.

 

According to April 2016's USCIS Visa Bulletin page, for that month USCIS used the "Dates For Filing" chart instead of the "Application Final Action Dates". This means that for an F2B beneficiary from India, you would have to have a priority date on or before 15th December, 2010 in order to file your I-485 during the month of April 2016. At the time you filed your priority date wasn't current, but you were permitted to file the application by USCIS. They should then have held your application until your priority date was either current or about to be current before scheduling your interview. They should not have denied your I-485.

 

I imagine a Motion to Reconsider would be appropriate here, because USCIS mis-applied their own policies and procedures in this case.

 

I would strongly suggest consulting with an experienced immigration attorney to go over all of this and double check that what I think is the case is actually the case. Given that you're up against the clock in the deadline to file the MTR then you should be talking to a good attorney immediately.

I have planned to get lawyer. I need one more opinion here from you. Let me copy the exact paragraph from Notice(not containing any personal info) that says why they denied. Just to make sure from your end about your opinion. Find attached image file please.