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  • I-485 rejected 2 months after filing.

    hello everyone. this is the story i had filed for I-140 on april 2013 along with I-485. since then there was no update on neither of the case. on february 2014 we moved to a different location and my employer changed the address in the uscis system we recieved a reciepit confirming the change. On august 2015 we recieved email that a document was sent so we waited about 30 days and then checked online it said the post return mail as undeliverable. after investigating we discovered they send the mail to the old address so we requested it be sent again. only finally after several request the mail came in december 2015 which was an rfe for the I-140 by the time we made all the documents ready uscis rejected both I-140 and I-485 on january 19 2016. We then sent the Requested evidence and a letter explaining the error on febuary 1st 2016 and uscis re-instated the I-140 on febuary 29th 2016 as response to rfe recieved however the I-485 had still no status change. after waiting for several month as advised by an attorney we re-filed the I-485 and uscis it on june 23 2016 along with this we also filed I-765 ead which was recieved on june 27 2016. within a week we recieved finger print. after that as of today the I-485 has been denied but the I-765 is still in process along with I-140. Sorry for the long essay but just wanted to be a little clear. I would appreciate any help or advise as to why uscis rejected the 485 application so soon. Thank you in advance. I have yet to recieve the notice stating reason for denial but being upset with the whole scenario i would like all of yours expert advise.

  • #2
    Are you absolutely certain that your I-485 submittal of 6/2/2016 has been denied? The notice you have seen (probably on USCIS status page) of the I-485 denial could very well be for the January 19, 2016 submittal.

    At any rate, if there is a possibility that your June 26 I-485 submittal is in denial status, it is pointless to speculate why it was denied until you receive a specific denial document, keeping in mind that denials are usually preceded by a "Request for Evidence," which you don't report here as having been received.

    --Ray B

    Originally posted by patson1 View Post
    hello everyone. this is the story i had filed for I-140 on april 2013 along with I-485. since then there was no update on neither of the case. on february 2014 we moved to a different location and my employer changed the address in the uscis system we recieved a reciepit confirming the change. On august 2015 we recieved email that a document was sent so we waited about 30 days and then checked online it said the post return mail as undeliverable. after investigating we discovered they send the mail to the old address so we requested it be sent again. only finally after several request the mail came in december 2015 which was an rfe for the I-140 by the time we made all the documents ready uscis rejected both I-140 and I-485 on january 19 2016. We then sent the Requested evidence and a letter explaining the error on febuary 1st 2016 and uscis re-instated the I-140 on febuary 29th 2016 as response to rfe recieved however the I-485 had still no status change. after waiting for several month as advised by an attorney we re-filed the I-485 and uscis it on june 23 2016 along with this we also filed I-765 ead which was recieved on june 27 2016. within a week we recieved finger print. after that as of today the I-485 has been denied but the I-765 is still in process along with I-140. Sorry for the long essay but just wanted to be a little clear. I would appreciate any help or advise as to why uscis rejected the 485 application so soon. Thank you in advance. I have yet to recieve the notice stating reason for denial but being upset with the whole scenario i would like all of yours expert advise.

    Comment


    • #3
      Originally posted by rayb View Post
      Are you absolutely certain that your I-485 submittal of 6/2/2016 has been denied? The notice you have seen (probably on USCIS status page) of the I-485 denial could very well be for the January 19, 2016 submittal.

      At any rate, if there is a possibility that your June 26 I-485 submittal is in denial status, it is pointless to speculate why it was denied until you receive a specific denial document, keeping in mind that denials are usually preceded by a "Request for Evidence," which you don't report here as having been received.

      --Ray B

      thank you ray for the reply. yes i am certain its from the current date. but you made a good point as to whether it can be a rfe as the previous time when it was rejected it was due to I-140 but this time if you say its rfe thats a possibility.

      Comment


      • #4
        Patson,

        Please keep in mind that there are very specific differences between a USCIS "rejection," "denial," and "request for evidence." We see many people leaving interviews, both in USCIS offices and in Consulates outside the U.S., saying they were denied, when in actuality, they were simply put on Administrative hold until additional evidence was submitted. One can fault the USCIS and State Department for many tihings, but denials usually follow "Requests for Evidence," so that there is a reasonable time to respond. The most conspicuous differences to the above, however, are the high rate of visitor visa denials "on the spot," and procedural denials during interviews for Adjustment or I-751 procedures when the petitioner does not show to support the applicant.

        In your situation, however, we can only guess the most recent message you have about your I-485 submittal until the actual denial or evidence request shows up in your mailbox.

        --Ray B

        Originally posted by patson1 View Post
        thank you ray for the reply. yes i am certain its from the current date. but you made a good point as to whether it can be a rfe as the previous time when it was rejected it was due to I-140 but this time if you say its rfe thats a possibility.

        Comment

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