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I-290B denial letter
Hello everyone
I got the appeal denial letter, I copied everything down below. and I want your opinion on where I went wrong, and what steps I should take next. I wrote about my I-458 denial in another thread:
https://www.immihelp.com/forum/adjus...9-i-485-denied
Came to the states in 2015 on student Visa. Met my wife 1 1/2 years later, got married after 6 months. We did our interview on Feb 7, 2019. On May 20, 2019, USCIS denied my I-485 application for permanent residence. They sent us the rejection letter below.
Dear YYYY ZZZ YYYY ZZZ
On June XX, 2019, you filed Form I-290B Notice of Appeal or Motion - Motion to Reopen, in relation to the May XX, 2019, denial of your Form I-485, Application to Register Permanent Residence or Adjust Status, which you filed on Jan XX, 2018.
Title 8, Code of Federal Regulations (CFR) 103.5(a)(2) states:
Requirements for motion to reopen. A motion to reopen must state the new facts to be proved in the reopened proceeding and be supported by affidavits or other documentary evidence. A motion to reopen an application or petition denied due to abandonment must be filed with evidence that the decision was in error because:
(i) The requested evidence was not material to the issue of eligibility;
(ii) The required initial evidence was submitted with the application or petition, or the request for initial evidence or additional information or appearance was complied with during the allotted period; or
(iii) The request for additional information or appearance was sent to an address other than that on the application, petition, or notice of representation, or that the applicant or petitioner advised the Service, in writing, of a change of address or change of representation subsequent to filing and before the Service's request was sent, and the request did not go to the new address.
8 CFR 103.5(a)(3) further provides:
Requirements for motions to reconsider. A motion to reconsider must state the reasons for reconsideration and be supported by any pertinent precedent decisions to establish that the decision was based on an incorrect application of law or Service policy. A motion to reconsider a decision on an application or petition must, when filed, also establish that the decision was incorrect based on the evidence of record at the time of the initial decision.
USCIS records show that you applied to adjust your status as a permanent resident under section 245 of the Immigration and Nationality Act (INA), based on a pending Form 1-130, Petition for an Alien Relative, filed by YYYY YYYY YYYY ( YYYY ). The Form I-130, upon which your Form I-485 was based was filed on October XX, 2016. On January XX, 2019, USCIS denied the Form I-130 filed by YYYY .
On Jun XX, 2019, USCIS received your Form I-290B. Along with your motion, you submitted a brief from your attorney stating he did not receive a written notice in connection to the denial of the Form I-130 and requesting that the Form I-485 be reopened, pending possible motion to reopen the Form I-130.
The record shows that the Form I-130 remains denied at this time. Therefore, there is no purpose to reopening your Form I-485 as you are not currently the beneficiary of a pending or approved petition under which you would be eligible to adjust your status. A review of the record shows that you have not met the burden of providing new facts to be proved and the documentary evidence submitted with your Form I-290B is insufficient to warrant a favorable decision.
In view of the foregoing, your request for a motion to reopen is dismissed.
On June XX, 2019, you filed Form I-290B Notice of Appeal or Motion - Motion to Reopen, in relation to the May XX, 2019, denial of your Form I-485, Application to Register Permanent Residence or Adjust Status, which you filed on Jan XX, 2018.
Title 8, Code of Federal Regulations (CFR) 103.5(a)(2) states:
Requirements for motion to reopen. A motion to reopen must state the new facts to be proved in the reopened proceeding and be supported by affidavits or other documentary evidence. A motion to reopen an application or petition denied due to abandonment must be filed with evidence that the decision was in error because:
(i) The requested evidence was not material to the issue of eligibility;
(ii) The required initial evidence was submitted with the application or petition, or the request for initial evidence or additional information or appearance was complied with during the allotted period; or
(iii) The request for additional information or appearance was sent to an address other than that on the application, petition, or notice of representation, or that the applicant or petitioner advised the Service, in writing, of a change of address or change of representation subsequent to filing and before the Service's request was sent, and the request did not go to the new address.
8 CFR 103.5(a)(3) further provides:
Requirements for motions to reconsider. A motion to reconsider must state the reasons for reconsideration and be supported by any pertinent precedent decisions to establish that the decision was based on an incorrect application of law or Service policy. A motion to reconsider a decision on an application or petition must, when filed, also establish that the decision was incorrect based on the evidence of record at the time of the initial decision.
USCIS records show that you applied to adjust your status as a permanent resident under section 245 of the Immigration and Nationality Act (INA), based on a pending Form 1-130, Petition for an Alien Relative, filed by YYYY YYYY YYYY ( YYYY ). The Form I-130, upon which your Form I-485 was based was filed on October XX, 2016. On January XX, 2019, USCIS denied the Form I-130 filed by YYYY .
On Jun XX, 2019, USCIS received your Form I-290B. Along with your motion, you submitted a brief from your attorney stating he did not receive a written notice in connection to the denial of the Form I-130 and requesting that the Form I-485 be reopened, pending possible motion to reopen the Form I-130.
The record shows that the Form I-130 remains denied at this time. Therefore, there is no purpose to reopening your Form I-485 as you are not currently the beneficiary of a pending or approved petition under which you would be eligible to adjust your status. A review of the record shows that you have not met the burden of providing new facts to be proved and the documentary evidence submitted with your Form I-290B is insufficient to warrant a favorable decision.
In view of the foregoing, your request for a motion to reopen is dismissed.
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