i-485 rejected based on priority date

[tomal.web]

My F2A i-485 for my spouse was denied because of priority date. But I want to know whether this decision was right or not.

My priority date was Sep, 12 2014. I filed i-485 on October 2015.

USCIS has rejected my i485 after interview based on the reason that visa number was not available based on October 2015 filing.

I filed in October 2015 based on Section B of USCIS Visa bulletin of October 2015. Based on that visa bulletin, my cut off date for application was March 01, 2015


Please tell me whether this rejection was valid or not? Should I filed motion for re-open the file or file a new i-485?

[rayb]

The current Priority Date for your class, F2A, is now November 2014. The interviewer or followup reviewer probably used the current cutoff date, November 2014, when interviewing you.

It you submit a "re-open", you are risking the $585 (?) submittal fee and may possibly lose it.

My advice is to submit a new I-485 package.

--Ray B

My F2A i-485 for my spouse was denied because of priority date. But I want to know whether this decision was right or not.

My priority date was Sep, 12 2014. I filed i-485 on October 2015.

USCIS has rejected my i485 after interview based on the reason that visa number was not available based on October 2015 filing.

I filed in October 2015 based on Section B of USCIS Visa bulletin of October 2015. Based on that visa bulletin, my cut off date for application was March 01, 2015


Please tell me whether this rejection was valid or not? Should I filed motion for re-open the file or file a new i-485?

[alexav901]

Why did they denied it from the first place? Under new filing chart you are eligible to file application for a couple of month already. Does it mean that you need to pay new filling fee if you send the new package? I'm F2A as we'll and I'm planning to send my application in June, it looks like I'm going to be eligible. Little nervous already if they keep rejecting them...

[Gold Fish Stalian]

I485 rejection

Hi, I'm also f2a category, my PD is October 2015
I130 approved March 10 , when should I apply for adjustment
Pls explain me

[alexav901]

What day in October is your PD? According to the latest visa bulletin you can apply in June 2016 if your PD before October,15,2015. Did you apply already? if they rejected it, it actually makes sense, because you need to wait till June.

[pgasri]

I-485 rejected

Hello Gurus,

My I-140 and AOS filled concurrently on 05/26/2016 (I140 approved June 7th). Today, i received letter from USCIS that my I485 is rejected because the priority date is not current.

Note: Fed-Ex and I140 receipt dates shows 5/27/2016.

Question.

I have applied my case when priority date was current. EB-2 India retrogressed to 2004 only from June 1 2016. Don't my case eligible to be accepted?? Can I resubmit with an explanation that the case was improperly rejected as the Fed-Ex delivery and I-140 receipt notice shows May 2016?

Any suggestions?

[jasi]

Hi I would really appreciate some help here guys.... I am encountering same problem,,,,

My priority date - Nov 9, 2015
dates for filing visa application date - Nov 22, 2015

I filed the AOS package and it was returned saying that a visa number was not immediately available for me and i should refer to visa bulletin, but visa bulletin suggests that i can file for AOS.
I also got a letter from NVC in my home country
I am currently residing in USA
I also attached I-130 approval notice 797 along with the package

I talked to immigration Officer on phone who reviewed my case and said that it is totally fine and there must have been some mistake at administrative level. She asked me to file again. So i did it and guess what I got the package returned 2nd time with same 797 notice that a visa number is not immediately available........

help guys please

[rayb]

If you are being petitioned by a spouse, is the spouse a U.S. citizen or Green Card holder?

--Ray B

Hi I would really appreciate some help here guys.... I am encountering same problem,,,,

My priority date - Nov 9, 2015
dates for filing visa application date - Nov 22, 2015

I filed the AOS package and it was returned saying that a visa number was not immediately available for me and i should refer to visa bulletin, but visa bulletin suggests that i can file for AOS.
I also got a letter from NVC in my home country
I am currently residing in USA
I also attached I-130 approval notice 797 along with the package

I talked to immigration Officer on phone who reviewed my case and said that it is totally fine and there must have been some mistake at administrative level. She asked me to file again. So i did it and guess what I got the package returned 2nd time with same 797 notice that a visa number is not immediately available........

help guys please

[jasi]

If you are being petitioned by a spouse, is the spouse a U.S. citizen or Green Card holder?

--Ray B

yes my spouse is greencard holder....

[jasi]

If you are being petitioned by a spouse, is the spouse a U.S. citizen or Green Card holder?

--Ray B

yes my wife has petitioned for me, she is a permanent resident , and the petetion is approved too.

[rayb]

Then there is an approximate 2-year waiting period before your Priority Date becomes current. Submittal of your I-485 before your Priority Date is current will result in a rejection or denial. Sometimes the fee will be forfeited, but more often a simple rejection and return of your package and check.

--Ray B

yes my spouse is greencard holder....

[jasi]

Then there is an approximate 2-year waiting period before your Priority Date becomes current. Submittal of your I-485 before your Priority Date is current will result in a rejection or denial. Sometimes the fee will be forfeited, but more often a simple rejection and return of your package and check.

--Ray B

But under "Dates for filing visa application" my date is showing current, or is it the case if i need to apply through consular processing?

[rayb]

If the I-130 petition was submitted in November of 2015, and your wife is a Green Card status, your Priority date won't be current for at least another year. If a DHS officer told you otherwise, he probably did not understand your question.

--Ray B

But under "Dates for filing visa application" my date is showing current, or is it the case if i need to apply through consular processing?

[dg204]

The 2 charts are confusing a lot of people. Technically your application should be accepted because your PD is current based on the chart they said to use. I am in the same situation too. Is your wife LPR or USC? Have you overstayed?

- - - Updated - - -

The 2 charts are confusing a lot of people. Priority dates up to november 22nd 2015 should be accepted for AOS. Is your wife/husband a LPR or USC? Also did you overstay? I am in the same situation.

[rayb]

DG204,

Can you point to where the "2 charts" are located?

Thx.

--Ray B

The 2 charts are confusing a lot of people. Technically your application should be accepted because your PD is current based on the chart they said to use. I am in the same situation too. Is your wife LPR or USC? Have you overstayed?

- - - Updated - - -

The 2 charts are confusing a lot of people. Priority dates up to november 22nd 2015 should be accepted for AOS. Is your wife/husband a LPR or USC? Also did you overstay? I am in the same situation.