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AOS case denial, USCIS made mistake, what to do now?

Discussion in 'Family Based Green Card -Through Marriage/Relative' started by speedyGonzales, Apr 28, 2017.

  1. speedyGonzales

    speedyGonzales Registered Users (C)

    AOS I-485 case denial letter came, need to file a motion to reopen or reconsider soon
    however the denial reason (priority date not current) shown by USCIS can't be possible as the paperwork was filled on time and with attorney supervision.
    The case had 3 interviews, the first two didn't mention anything wrong with the total application
    the third one sent a denial letter, and we are pretty sure the USCIS made a mistake

    what to do now?
     
  2. newacct

    newacct Well-Known Member

    What category is this? (Who petitioned whom?)
     
  3. speedyGonzales

    speedyGonzales Registered Users (C)

    Timeline: Parent petitioned I-130 for Under 21 son in F2A category on Nov 2010,
    child aged out and moved to F2B and maintained F1 non immigrant student status
    Feb 2016 Visa bulleting asked to file AOS for F2b priority dates prior to Dec 2010
    AOS filed on Feb 2016, with request to maintain F2B status
    3 interview happened, first two wen well and applicant asked to stay put until priority date become current
    3rd interview happened in April 2017, and the AOS was denied for submitting case before priority date not current

    definitely a USCIS mistake, but it is costly to file a $600 motion to reconsider, what else we can do?
     
  4. newacct

    newacct Well-Known Member

    It does seem like a mistake (assuming they were not born in Mexico or the Philippines). You can try to go in to an InfoPass appointment and ask that they make a service request. Unfortunately there is no timeline on when you will hear back from that, and while you wait you may miss the 30-day window to file a Motion to Reconsider, so it's a risk.
     
  5. speedyGonzales

    speedyGonzales Registered Users (C)

    Opened a service request, but also planning to file a Motion to Reconsider. will this work?
     
  6. newacct

    newacct Well-Known Member

    Of course you can, but I thought you said it was costly.
     
  7. speedyGonzales

    speedyGonzales Registered Users (C)

    Update on this case, the service request is still in queue for a response
    Infopass meeting didn't help either, the supervisor indirectly accepted that a mistake has been made but USCIS won't fix their own mistake until a I-290B is submitted.
     
  8. Pierre82

    Pierre82 Well-Known Member

    Hope everything gets resolve soon @speedyGonzales
     
  9. speedyGonzales

    speedyGonzales Registered Users (C)

    Thank You, we've submitted a motion to reconsider and waiting for the outcome
     
  10. Pierre82

    Pierre82 Well-Known Member

    No problem and i have you get a positive outcome :)
     
  11. Havis001

    Havis001 New Member

    I have no idea.
     
  12. speedyGonzales

    speedyGonzales Registered Users (C)

    Update on this case, the motion to reopen got a favorable response. 485 reopened.
    Good luck everyone
     
  13. Pierre82

    Pierre82 Well-Known Member

    Great news @speedyGonzales Let us know when this case gets approved.
     

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