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  • Wrongful Denial

    I've recently filed a i485 under f2b category on august. The date for filing priority date on the august's visa bulletin opened up to feb 2011. My priority date is jan 2011. uscis accepted my application and proceeded to give me scheduled appointments for fingerprinting which I've attended.

    On 12/2/2016 I've received a denial notice with the reason stating that "my priority date on the petition upon which you are basing your eligibility to adjust status had not yet been reached when you filed form i-485. you have provided no evidence to indicate that an immigrant visa is immediately available to you or on any other basis; therefore, you do not qualify to adjust status, and uscis must deny your form i-485. SEE INA 245 (a)(3)."

    since the notice, i went to an infopass appointment to get some clarification on the case. the customer rep and the supervisor agreed with me that it was wrongly denied and that i should proceed to file i-290b.

    I've also called the USCIS customer rep number where i tried to escalate the call to to the supervisor level to be simply cut off by the 2nd tier customer rep telling me to try again from the 1st tier customer rep if i wanted to reach the supervisor.

    My question is, is there a possible way to fix a mistake clearly made by USCIS without spending another $675 dollars out of my pocket. if anyone had a similar case as mine how did you get it resolved and how long did it take you?

  • #2
    You do not get to choose whether to use the Dates For Filing chart or the Final Action Date chart for Adjustment of Status. Rather, each month USCIS chooses one of the two charts and it is shown here. For August 2016, USCIS is using Final Action Dates for AOS. The Final Action Date for that month had not reached your priority date, and thus you were not eligible to file. The denial was correct. Starting in October 2016, USCIS started using Dates For Filing for AOS again, and since then you were eligible to file.

    This is my personal opinion and is not to be construed as legal advice.

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    • #3
      Originally posted by newacct View Post
      You do not get to choose whether to use the Dates For Filing chart or the Final Action Date chart for Adjustment of Status. Rather, each month USCIS chooses one of the two charts and it is shown here. For August 2016, USCIS is using Final Action Dates for AOS. The Final Action Date for that month had not reached your priority date, and thus you were not eligible to file. The denial was correct. Starting in October 2016, USCIS started using Dates For Filing for AOS again, and since then you were eligible to file.
      i have no idea why my lawyer didn't know this information and insisted my priority date was current and filed the cased on behalf of me.

      Thank you so much for this information. it's at least good to know the exact reason why i was denied.

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