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  • I485 denial

    My denial letter states:
    "you have provided no evidence to indicate you are immediately entitled to an immigrant visa on any other basis. Therefore, you are not qualified to adjust status, and USCIS denies your form I-485. See INA 245(a)(3)."
    Can someone explain for me? Because I obviously enter USA and maintain my F-1 visa until the time I apply for my I-485.
    Thanks,

  • #2
    Tell us about the I-130 Alien Relative Petition or I-140 Alien Worker Petition that forms the basis of your I-485 Application to Adjust Status.

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    • #3
      Originally posted by inadmissible View Post
      Tell us about the I-130 Alien Relative Petition or I-140 Alien Worker Petition that forms the basis of your I-485 Application to Adjust Status.
      Yeaa... Just read another letter from USCIS denying I-130. It lists the main reason. I have to file an appeal.

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      • #4
        What was the stated reason for the I-130 denial?

        Appeals take far longer to adjudicate than the underlying petition. It is only appropriate to appeal a decision when refilling the underlying petition is not an option. If you have remained in status on your F-1 throughout this period, then it would be quicker just to refile rather than appeal. Appeals are also only appropriate when the denial is a result of USCIS error - a dispute over facts or a dispute over law.

        USCIS adjudicators are committed to making quality decisions that withstand judicial scrutiny, although they aometimes do make mistakes. If your stunning lack of detail in your posts are any indication, I assume you don't have the same commitment to file quality applications. These forms do have to be filled out correctly, and you have to apply only for immigration benefits that you are entitled to.
        Last edited by inadmissible; 06-11-2015, 12:39 AM.

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