Go Back  British Expats > Living & Moving Abroad > USA > US Immigration, Citizenship and Visas
Reload this Page >

I-485 denied after 3 year. here is the decision letter PLEASE ADVISE

I-485 denied after 3 year. here is the decision letter PLEASE ADVISE

Closed Thread

Old Oct 28th 2005, 11:18 am
  #1  
Just Joined
Thread Starter
 
Joined: Sep 2005
Posts: 14
delsol is an unknown quantity at this point
Default I-485 denied after 3 year. here is the decision letter PLEASE ADVISE

Department of Homeland Security
U. S. Citizenship and Immigration Service



Mr.


DECISION


You have applied for the benefitS of section 245 of the ~and Nationality Act, as amended, based upon a visa petition filed in your behalf b~


Section 245 of the Act provides, in pertinent part:


"(a) The status of an alien who was inspected and admitted or paroled into the United States may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if (1) the alien makes an application for such adjustment, (2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and (3) an immigrant visa is immediately available to him at the time his application is filed. "


Title 8, Code of Federal Regulations, § 245.1(c) states as follows, in pertinent part:


"The following categories of aliens are ineligible to apply for adjustment of status to that of a lawful permanent resident alien under section 245 of the Act:


"...(4) Any alien who claims immediate relative status under section 201(b) or preference status under sections 203(a) or 203(b) of the Act, unless the applicant is the beneficiary of a valid unexpired visa petition filed in accordance with part 204 of this chapter..."


The visa petition supporting the application has been denied. Since you are no longer the beneficiary of a valid unexpired visa petition, you are ineligible for adjustment of status, pursuant to 8 CFR 245. 1 (c)(4), supra. Your application for adjustment of status is therefore hereby denied. There is no appeal to this decision.

In accordance with Title 8, Code of Federal Regulations, §274a.l2(c)(9), any authorization to accept employment was limited to the time necessary to decide this case. Inasmuch as the application for adjustment has been denied, authorization to accept employment is terminated, pursuant to Title 8, Code of Federal Regulations, §274a.14(b)(I)(i).

Furthermore, any parole status granted to you as a result of this application is hereby terminated.

If you have failed to maintain your nonimmigrant status (Le. tourist, business traveler) since your entry into the United States (and have been illegally in the United States for over six months after April 01, 1997), you may be accruing "unlawful presence" in this country. If you entered the United States without inspection, you are accruing ''unlawful presence" since the date of your arrival in this country or April 01, 1997, whichever is later. Pursuant to section 212(a)(9)(B) of the Act, any alien over 18 years old who is illegally in the United States after April 01, 1997 and accrues six months or more ''unlawful presence" will be prohibited from being admitted to the United States should that person depart this country and again seek readmission within three
years. If that-same alien is illegally in the United-States for -over one year- after April 01,--1991,..
departs the United States and again seeks readmission within ten years, that person will be prohibited entry. If you were admitted as a nonimmigrant student and fell out of status, you will start to accrue ''unlawful presence" as of the date of this denial notice. If you depart before you obtain six months or one year of unlawful presence, respectively, no bar to your future admission (including adjustment of status) will occur.

Sincerely,

~~11 !i'antner
~
Mary Ann Gantner, USCIS District Director
New York District Office


me and my wife(usc) applied for adj. of status on june 2002. after all those years finally we have interviewed last year at NYC district office. everything was fine, after some questions DAO officer told us that he approve our case but he can't stamp my passport because of fbi background check clearance not recieved yet. 15 months passed and as usual nothing changed my case was still pending. than i decided to take action and mailed some letters etc. congressmen did not even respond but uscis ombudsman send me a letter stating that he is contacting to uscis to remind them that i have been waiting for fbi background check for long time.
today when i opened the mail box i found this shocking letter. we are both confused. as far as we understand the reason is me being unlawfully present in US. I came here on F1 student visa. i attended my classes and always protect my legal status. i still have my I-20 student documents in my file which i took them to the adj. of status interview with me. in 2002 after we filed adj. of status i quit school and started to work.
i don't know what to do. is there any chance to make any change on this decision? its clearly says "no appeal" though. is there any final decision that i have to hear from uscis? please help. thanks
delsol is offline  
Old Oct 28th 2005, 11:19 am
  #2  
Just Joined
Thread Starter
 
Joined: Sep 2005
Posts: 14
delsol is an unknown quantity at this point
Default Re: I-485 denied after 3 year. here is the decision letter PLEASE ADVISE

this is from uscis website. according to that only petitioner(US citizen) can submit appeal(or her/his represantative), motion to reopen or reconsideration. am i understanding right?

Who May Appeal?
Only the person that submitted the original application or petition may file the appeal. The petitioner alone has standing to appeal the denial of a visa petition. The beneficiary of a visa petition may not appeal the decision. For instance, if a United States employer petitioned for an immigrant visa for an employee living abroad, only the United States employer may appeal the denial. The employee living abroad may not appeal the denial.

The person appealing the decision may be represented by an attorney or representative. If the petitioner is represented, the appeal must be accompanied by a properly executed Form G-28 (Notice of Entry or Appearance as Attorney or Representative). The Form G-28 must be signed by both the attorney or representative and the person who filed the original petition or application.
delsol is offline  
Old Oct 28th 2005, 1:00 pm
  #3  
strangely floppy..
 
CarlM's Avatar
 
Joined: Mar 2005
Location: Ohio - originally London
Posts: 1,719
CarlM has a reputation beyond reputeCarlM has a reputation beyond reputeCarlM has a reputation beyond reputeCarlM has a reputation beyond reputeCarlM has a reputation beyond reputeCarlM has a reputation beyond reputeCarlM has a reputation beyond reputeCarlM has a reputation beyond reputeCarlM has a reputation beyond reputeCarlM has a reputation beyond reputeCarlM has a reputation beyond repute
Default Re: I-485 denied after 3 year. here is the decision letter PLEASE ADVISE

Originally Posted by delsol
this is from uscis website. according to that only petitioner(US citizen) can submit appeal(or her/his represantative), motion to reopen or reconsideration. am i understanding right?

Who May Appeal?
Only the person that submitted the original application or petition may file the appeal. The petitioner alone has standing to appeal the denial of a visa petition. The beneficiary of a visa petition may not appeal the decision. For instance, if a United States employer petitioned for an immigrant visa for an employee living abroad, only the United States employer may appeal the denial. The employee living abroad may not appeal the denial.

The person appealing the decision may be represented by an attorney or representative. If the petitioner is represented, the appeal must be accompanied by a properly executed Form G-28 (Notice of Entry or Appearance as Attorney or Representative). The Form G-28 must be signed by both the attorney or representative and the person who filed the original petition or application.
You have 30 days to do this, so get right on it!: Get a GOOD Immigration attorney. You will get lots of excellent advice on this forum, but its time to put some money down and get proper legal counsel. You can have the file re-opened which isnt dissimilar to an appeal.

This isnt the end for you, it needs some time and investment to get sorted out.
Good luck. Carl.

Last edited by CarlM; Oct 28th 2005 at 1:04 pm.
CarlM is offline  
Old Oct 28th 2005, 1:11 pm
  #4  
Account Closed
 
Joined: Sep 2002
Posts: 16,268
Folinskyinla is an unknown quantity at this point
Default Re: I-485 denied after 3 year. here is the decision letter PLEASE ADVISE

Originally Posted by delsol
Department of Homeland Security
U. S. Citizenship and Immigration Service



Mr.


DECISION


You have applied for the benefitS of section 245 of the ~and Nationality Act, as amended, based upon a visa petition filed in your behalf b~




The visa petition supporting the application has been denied. Since you are no longer the beneficiary of a valid unexpired visa petition, you are ineligible for adjustment of status, pursuant to 8 CFR 245. 1 (c)(4), supra. Your application for adjustment of status is therefore hereby denied. There is no appeal to this decision.

In accordance with Title 8, Code of Federal Regulations, §274a.l2(c)(9), any authorization to accept employment was limited to the time necessary to decide this case. Inasmuch as the application for adjustment has been denied, authorization to accept employment is terminated, pursuant to Title 8, Code of Federal Regulations, §274a.14(b)(I)(i).

---------------


me and my wife(usc) applied for adj. of status on june 2002. after all those years finally we have interviewed last year at NYC district office. everything was fine, after some questions DAO officer told us that he approve our case but he can't stamp my passport because of fbi background check clearance not recieved yet. 15 months passed and as usual nothing changed my case was still pending. than i decided to take action and mailed some letters etc. congressmen did not even respond but uscis ombudsman send me a letter stating that he is contacting to uscis to remind them that i have been waiting for fbi background check for long time.
today when i opened the mail box i found this shocking letter. we are both confused. as far as we understand the reason is me being unlawfully present in US. I came here on F1 student visa. i attended my classes and always protect my legal status. i still have my I-20 student documents in my file which i took them to the adj. of status interview with me. in 2002 after we filed adj. of status i quit school and started to work.
i don't know what to do. is there any chance to make any change on this decision? its clearly says "no appeal" though. is there any final decision that i have to hear from uscis? please help. thanks
Hi:

You may need to see a competent immigration attorney on this one.

For reasons which you do not disclose, you strongly believe that your underlying I-130 was denied for reasons not related to your marriage. However, you do not mention if you are still living with your wife. Are you? Is HER visa petition still valid? Did she withdraw it?

You give the boilerplate denial letter on the adjustment YOU got but you can't be bothered to tell us about the OTHER denial letter -- the one on the I-130. That would have gone to your Citizen spouse.

YOU don't have any right of appeal on your adjustment. Your wife DOES have the right of appeal on the I-130 if filed within 30 days of the decision on the I-130 [33 days from date of mailing of decision].

With due resepct, you get better answers to your questions by simply posing the relevant facts and just the question. Posing speculative "reasons" for denial simply confuses people, including any attorney you may chose to consult.
Folinskyinla is offline  
Old Oct 28th 2005, 3:21 pm
  #5  
Forum Regular
 
Ndori's Avatar
 
Joined: Sep 2004
Posts: 201
Ndori is a name known to allNdori is a name known to allNdori is a name known to allNdori is a name known to allNdori is a name known to allNdori is a name known to allNdori is a name known to allNdori is a name known to allNdori is a name known to allNdori is a name known to allNdori is a name known to all
Default Re: I-485 denied after 3 year. here is the decision letter PLEASE ADVISE

I would follow Folinskyinla's advice since the key sentence of the denial letter seems to be:

"Since you are no longer the beneficiary of a valid unexpired visa petition"

Good luck!
Ndori is offline  
Old Oct 28th 2005, 3:34 pm
  #6  
Forum Regular
 
Joined: Feb 2004
Posts: 51
willesd is an unknown quantity at this point
Default Re: I-485 denied after 3 year. here is the decision letter PLEASE ADVISE

The OP said "we are confused," as if he and his wife are still together. But who knows? I cannot wait to hear more from him.
willesd is offline  
Old Oct 29th 2005, 5:08 am
  #7  
Just Joined
Thread Starter
 
Joined: Sep 2005
Posts: 14
delsol is an unknown quantity at this point
Default Re: I-485 denied after 3 year. here is the decision letter PLEASE ADVISE

thank everybody for those responses. after reading your posts i have better understanding of that letter. first it seemed to us it's denied because of unlawfull presence but i guess thats not the case. from that point it looks like my wife's visa petition is denied(probably I-30). There is no other denial letter recieved by citizen spouse. her visa petition is still valid and she did not withdraw it.
also i am not here to entertain nobody(can't wait to hear from me?) since i got that letter( 30 hours) i only had 1 hour sleep. i spent most of my time here trying to reach some info that could be usefull. it helped a lot.
as you guys advised i have schedule a appointment with USCIS and a lawyer to see what we can do. i bumped into some peoples experiences that shows it sometimes takes 1 year for uscis to make a desicion on appeal but no other options seems available.
once again i would like to thank each of you guys for helps, advises, warnings&all
delsol is offline  
Old Nov 8th 2005, 2:05 pm
  #8  
BE Forum Addict
 
Joined: Jun 2005
Posts: 1,131
adjudicator89 has a reputation beyond reputeadjudicator89 has a reputation beyond reputeadjudicator89 has a reputation beyond reputeadjudicator89 has a reputation beyond reputeadjudicator89 has a reputation beyond reputeadjudicator89 has a reputation beyond reputeadjudicator89 has a reputation beyond reputeadjudicator89 has a reputation beyond reputeadjudicator89 has a reputation beyond reputeadjudicator89 has a reputation beyond reputeadjudicator89 has a reputation beyond repute
Default Re: I-485 denied after 3 year. here is the decision letter PLEASE ADVISE

Originally Posted by delsol
Department of Homeland Security
U. S. Citizenship and Immigration Service



Mr.


DECISION


You have applied for the benefitS of section 245 of the ~and Nationality Act, as amended, based upon a visa petition filed in your behalf b~


Section 245 of the Act provides, in pertinent part:


"(a) The status of an alien who was inspected and admitted or paroled into the United States may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if (1) the alien makes an application for such adjustment, (2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and (3) an immigrant visa is immediately available to him at the time his application is filed. "


Title 8, Code of Federal Regulations, § 245.1(c) states as follows, in pertinent part:


"The following categories of aliens are ineligible to apply for adjustment of status to that of a lawful permanent resident alien under section 245 of the Act:


"...(4) Any alien who claims immediate relative status under section 201(b) or preference status under sections 203(a) or 203(b) of the Act, unless the applicant is the beneficiary of a valid unexpired visa petition filed in accordance with part 204 of this chapter..."


The visa petition supporting the application has been denied. Since you are no longer the beneficiary of a valid unexpired visa petition, you are ineligible for adjustment of status, pursuant to 8 CFR 245. 1 (c)(4), supra. Your application for adjustment of status is therefore hereby denied. There is no appeal to this decision.

In accordance with Title 8, Code of Federal Regulations, §274a.l2(c)(9), any authorization to accept employment was limited to the time necessary to decide this case. Inasmuch as the application for adjustment has been denied, authorization to accept employment is terminated, pursuant to Title 8, Code of Federal Regulations, §274a.14(b)(I)(i).

Furthermore, any parole status granted to you as a result of this application is hereby terminated.

If you have failed to maintain your nonimmigrant status (Le. tourist, business traveler) since your entry into the United States (and have been illegally in the United States for over six months after April 01, 1997), you may be accruing "unlawful presence" in this country. If you entered the United States without inspection, you are accruing ''unlawful presence" since the date of your arrival in this country or April 01, 1997, whichever is later. Pursuant to section 212(a)(9)(B) of the Act, any alien over 18 years old who is illegally in the United States after April 01, 1997 and accrues six months or more ''unlawful presence" will be prohibited from being admitted to the United States should that person depart this country and again seek readmission within three
years. If that-same alien is illegally in the United-States for -over one year- after April 01,--1991,..
departs the United States and again seeks readmission within ten years, that person will be prohibited entry. If you were admitted as a nonimmigrant student and fell out of status, you will start to accrue ''unlawful presence" as of the date of this denial notice. If you depart before you obtain six months or one year of unlawful presence, respectively, no bar to your future admission (including adjustment of status) will occur.

Sincerely,

~~11 !i'antner
~
Mary Ann Gantner, USCIS District Director
New York District Office


me and my wife(usc) applied for adj. of status on june 2002. after all those years finally we have interviewed last year at NYC district office. everything was fine, after some questions DAO officer told us that he approve our case but he can't stamp my passport because of fbi background check clearance not recieved yet. 15 months passed and as usual nothing changed my case was still pending. than i decided to take action and mailed some letters etc. congressmen did not even respond but uscis ombudsman send me a letter stating that he is contacting to uscis to remind them that i have been waiting for fbi background check for long time.
today when i opened the mail box i found this shocking letter. we are both confused. as far as we understand the reason is me being unlawfully present in US. I came here on F1 student visa. i attended my classes and always protect my legal status. i still have my I-20 student documents in my file which i took them to the adj. of status interview with me. in 2002 after we filed adj. of status i quit school and started to work.
i don't know what to do. is there any chance to make any change on this decision? its clearly says "no appeal" though. is there any final decision that i have to hear from uscis? please help. thanks
I really think that they denied you because you quit your school, I might be wrong but thats what I think the problem was, good luck to you.
adjudicator89 is offline  
Old Nov 9th 2005, 3:45 am
  #9  
Just Joined
Thread Starter
 
Joined: Sep 2005
Posts: 14
delsol is an unknown quantity at this point
Default Re: I-485 denied after 3 year. here is the decision letter PLEASE ADVISE

Originally Posted by milan79
I really think that they denied you because you quit your school, I might be wrong but thats what I think the problem was, good luck to you.
thanks milan. when you read the letter it looks like that might be the case but its actually not. since you are beneficiary of us citizen uscis more flexible about your past. in addition to that there is no gap between the expiration dates of my i-20 and adj. of status application. there is 2 options. we can file MTR(which i told it may take forever to get a respond) or refile the whole application. i think i'll go for the MTR in couple days.
delsol is offline  
Old Nov 9th 2005, 11:58 am
  #10  
BE Forum Addict
 
Joined: Jun 2005
Posts: 1,131
adjudicator89 has a reputation beyond reputeadjudicator89 has a reputation beyond reputeadjudicator89 has a reputation beyond reputeadjudicator89 has a reputation beyond reputeadjudicator89 has a reputation beyond reputeadjudicator89 has a reputation beyond reputeadjudicator89 has a reputation beyond reputeadjudicator89 has a reputation beyond reputeadjudicator89 has a reputation beyond reputeadjudicator89 has a reputation beyond reputeadjudicator89 has a reputation beyond repute
Default Re: I-485 denied after 3 year. here is the decision letter PLEASE ADVISE

Originally Posted by delsol
thanks milan. when you read the letter it looks like that might be the case but its actually not. since you are beneficiary of us citizen uscis more flexible about your past. in addition to that there is no gap between the expiration dates of my i-20 and adj. of status application. there is 2 options. we can file MTR(which i told it may take forever to get a respond) or refile the whole application. i think i'll go for the MTR in couple days.
I am really sorry to hear what happend to you, my interview is coming up this coming monday and I am telling you I am worry as well but my attorney keep saying and my wife that everything will be fine, what I don't understand is that they told you at the interview that you were aproved and than send you that letter, I have couple questions for you, Do you have to leave the country now? Are they giving you some choices how you can still get your green card. I am very sad about this I hope everything will turn out good for you. Keep in touch please.
adjudicator89 is offline  
Old Nov 10th 2005, 3:31 pm
  #11  
Just Joined
Thread Starter
 
Joined: Sep 2005
Posts: 14
delsol is an unknown quantity at this point
Default Re: I-485 denied after 3 year. here is the decision letter PLEASE ADVISE

Originally Posted by milan79
I am really sorry to hear what happend to you, my interview is coming up this coming monday and I am telling you I am worry as well but my attorney keep saying and my wife that everything will be fine, what I don't understand is that they told you at the interview that you were aproved and than send you that letter, I have couple questions for you, Do you have to leave the country now? Are they giving you some choices how you can still get your green card. I am very sad about this I hope everything will turn out good for you. Keep in touch please.
so far no. in worst case you can refile again. if you have interview front of you don't even think about what happens if...it's going to be ok i am sure.
delsol is offline  
Old Dec 10th 2006, 4:04 am
  #12  
Just Joined
 
Joined: Dec 2006
Posts: 1
rahman1079 is an unknown quantity at this point
Default Re: I-485 denied after 3 year. here is the decision letter PLEASE ADVISE

Originally Posted by delsol
so far no. in worst case you can refile again. if you have interview front of you don't even think about what happens if...it's going to be ok i am sure.
Does Anyone know whatever happend to delsol? Did he have to leave? Can he still work somewhere? Please email me at [email protected] and let me know. I am on the same boat.
rahman1079 is offline  
Old Dec 10th 2006, 1:34 pm
  #13  
Account Closed
 
Joined: Aug 2002
Location: Kentucky
Posts: 38,867
ian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond repute
Default Re: I-485 denied after 3 year. here is the decision letter PLEASE ADVISE

Originally Posted by rahman1079
Does Anyone know whatever happend to delsol? Did he have to leave?
His last post here was November 2005... so, for the past 13 months it seems he hasn't had access to a computer. Makes you wonder why! If you're in the same situation, you need to speak to an experienced immigration attorney.

Ian
ian-mstm is offline  

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Contact Us Archive Advertising Cookie Policy Privacy Statement Terms of Service