I-485 based on asylum denied

N

newton1

Registered Users (C)
Hello forum,

After waiting for more than 5 (I applied in 2002) years I received an e-mail today my adjustment case has been denied. Since I did not receive the letter I do not know the reason why. What are the things I need to do now?

I can apply for green card through employment, but how does this decision affect my application?

Thank you
 
newton1 said:
Hello forum,

After waiting for more than 5 (I applied in 2002) years I received an e-mail today my adjustment case has been denied. Since I did not receive the letter I do not know the reason why. What are the things I need to do now?

I can apply for green card through employment, but how does this decision affect my application?

Thank you
Click to expand...
My case was similar. I got denied and filed for Motion to Reopen.
newton1 wait for the official mail where should be explained the reason for the denial. Depend on the reason for denial, you could submit Motion to Reopen with the office that made the unfavorable decision to reconsider the case (provided that you have evidence that USCIS wrong on your case.) Good luck.
 
Last edited by a moderator:
I have the same case like you, I just got only notice that the I485 is denied/rejected. no reason why--it's just a notice letter.
then a couple months later I have a notice that my case has been transfered to another INS service center, so I guess something went wrong here, it really wierd because if my application has been denied why they have to transfer it to another office,so I called my lawyer then he said it must be an human error(not sure who's fault). and I just leave it like that(dont do anything)
after being wait for so long(applied GC on 2004) and my NP has expired, I decided to renew my NP. since I am so confused about this whole thing, I checked online my case has been way out of the processing date.
so I called many times to INS and they keep saying your case still pending(not denied yet)
long to wait, I finally got a notice for FP and interview this month
not sure what they will ask me for that but I will face this with a big heart!

So, my suggestion is just ask the INS, they probably have an answer..
you dont have to worry about anything....

Good luck

newton1 said:
Hello forum,

After waiting for more than 5 (I applied in 2002) years I received an e-mail today my adjustment case has been denied. Since I did not receive the letter I do not know the reason why. What are the things I need to do now?

I can apply for green card through employment, but how does this decision affect my application?

Thank you
Click to expand...
 
opinion said:
My case was similar. I got denied and filed for Motion to Reopen.
newton1 wait for the official mail where should be explained the reason for the denial. Depend on the reason for denial, you could submit Motion to Reopen with the office that made the unfavorable decision to reconsider the case (provided that you have evidence that USCIS wrong on your case.) Good luck.
Click to expand...

I saw that you went for intial interview for your GC?
my questions are:
1. What was the questions they ask you?
2. Did u hire a lawyer? How long was the interview being held?
3. Did u have a valid NP when they stamp on your NP? or u have renewed it?

Thank you
 
I have the same case like you, I just got only notice that the I485 is denied/rejected. no reason why--it's just a notice letter.
then a couple months later I have a notice that my case has been transfered to another INS service center, so I guess something went wrong here, it really wierd because if my application has been denied why they have to transfer it to another office,so I called my lawyer then he said it must be an human error(not sure who's fault). and I just leave it like that(dont do anything)
after being wait for so long(applied GC on 2004) and my NP has expired, I decided to renew my NP. since I am so confused about this whole thing, I checked online my case has been way out of the processing date.
so I called many times to INS and they keep saying your case still pending(not denied yet)
long to wait, I finally got a notice for FP and interview this month
not sure what they will ask me for that but I will face this with a big heart!

So, my suggestion is just ask the INS, they probably have an answer..
you dont have to worry about anything....

Good luck

newton1 said:
Hello forum,

After waiting for more than 5 (I applied in 2002) years I received an e-mail today my adjustment case has been denied. Since I did not receive the letter I do not know the reason why. What are the things I need to do now?

I can apply for green card through employment, but how does this decision affect my application?

Thank you
Click to expand...
 
crusher4me,
That's probably a notice of intent to deny your application or petition. Wait to see the enclosed decision, I don't think it is a final denial-case closed. You'll be given some opportunities to respond with a rebuttal which would in many cases override the denial, fight it. Try to prove otherwise or provide some kind of evidence or a valid and good reason that could stand the Denial to better make your case, get an Attorney, I think it is highly necessary.
SUCH DECISION IN MOST CASES IS NOT FINAL.

Best Luck
 
crusher4me said:
I saw that you went for intial interview for your GC?
my questions are:
1. What was the questions they ask you?
2. Did u hire a lawyer? How long was the interview being held?
3. Did u have a valid NP when they stamp on your NP? or u have renewed it?

Thank you
Click to expand...
The reason for rejection of my I485:
My FP was rejected twice and for the third time they wouldn't FP me, instead I was advised to sent a local police clearance letter to office where my case was pending at that time. I didn't pay attention to what I was told, so I have not sent a police report.
In about 2 month I've received a letter stating that my I485 was denied. I filed Motion to Reopen and in about 3 month I was invited for interview in a local office where I was told that only thing that they need from me is the police clearance report, so right after the interview I went to police, got report, and sent it to officer who hold my interview. In a couple days I got letter from same officer that my application was approved.
1- I was asked no questions/ I was told to bring police report
2- I didn't hire a lawyer/ interview was 10 min at most
3- Yes, I still have my original NP with I485 stamp

Goodluck!!!
__________
 
opinion said:
The reason for rejection of my I485:
My FP was rejected twice and for the third time they wouldn't FP me, instead I was advised to sent a local police clearance letter to office where my case was pending at that time. I didn't pay attention to what I was told, so I have not sent a police report.
In about 2 month I've received a letter stating that my I485 was denied. I filed Motion to Reopen and in about 3 month I was invited for interview in a local office where I was told that only thing that they need from me is the police clearance report, so right after the interview I went to police, got report, and sent it to officer who hold my interview. In a couple days I got letter from same officer that my application was approved.
1- I was asked no questions/ I was told to bring police report
2- I didn't hire a lawyer/ interview was 10 min at most
3- Yes, I still have my original NP with I485 stamp

Goodluck!!!
__________
Click to expand...


Why was your family petition rejected twice if I may ask? The thing is, I'm awaiting the result on the family petition filed by my dad as well.
 
themen said:
crusher4me,
That's probably a notice of intent to deny your application or petition. Wait to see the enclosed decision, I don't think it is a final denial-case closed. You'll be given some opportunities to respond with a rebuttal which would in many cases override the denial, fight it. Try to prove otherwise or provide some kind of evidence or a valid and good reason that could stand the Denial to better make your case, get an Attorney, I think it is highly necessary.
SUCH DECISION IN MOST CASES IS NOT FINAL.

Best Luck
Click to expand...

I got the interview notice enloced with some evidence to bring like medical exam, passport,driver license, w2,pay stubs,etc
and the day before they asked me for FP.
Is it look like denial still??
confused now!
 
newton1 said:
Hello forum,

After waiting for more than 5 (I applied in 2002) years I received an e-mail today my adjustment case has been denied. Since I did not receive the letter I do not know the reason why. What are the things I need to do now?

I can apply for green card through employment, but how does this decision affect my application?

Thank you
Click to expand...
Did you receive the letter already? What was the reason for the denial?
 
I-485 Denial is unlikely unless something fundamental has changed. If they are challenging he basis of your asylum, then they have to send you back to the asylum office or the IJ. If the IJ had granted you asylum, the government has to now prove with clear and convincing evidence that the grant was improper (you lied or something). The burden of proof is on them. Your lawyer can use estoppel to challenge it since they chose not to appeal the initial decision. In other words, this is an unlikely scenario unless they have strong evidence against you or country conditions have substantially changed. Another situation is that someone becomes inadmissible due to a crime they committed after they got asylum. I would not worry about it unless you have any such scenario
 
Hi.. anybody get denial i-485 asylum based because the reason too early filling i-485?
And what i need to do after get letter denial?
Anybody have experience.. please sharing your experiences

Thank you
 
loveusa99 said:
Hi.. anybody get denial i-485 asylum based because the reason too early filling i-485?
And what i need to do after get letter denial?
Anybody have experience.. please sharing your experiences

Thank you
Click to expand...
File again when you are eligible
 
newacct said:
File again when you are eligible
Click to expand...
Hi... thank you for your reply
do you mean, i need to file again. After i get letter denial?or for now i send i-485 again?
Right know i didn’t get denial letter. But i’m worried my i-485 get denial.
Because i hearing on may 20 2019, in my judge decision paper, reserved until juni 19 2019 and uscis received my i-485 on may 21 2020.
 
loveusa99 said:
Hi... thank you for your reply
do you mean, i need to file again. After i get letter denial?or for now i send i-485 again?
Right know i didn’t get denial letter. But i’m worried my i-485 get denial.
Because i hearing on may 20 2019, in my judge decision paper, reserved until juni 19 2019 and uscis received my i-485 on may 21 2020.
Click to expand...
On your grant letter, it should say something like you have been granted asylum as of (date)
What is that date?
 
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