My I-485 was denied (I-130 approved) and have not been able to get a clear explanation for the reasoning in my notice of denial. It would be greatly appreciated if someone could translate the explanation below as it appears in the notice. I look forward to hearing your responses and thank you for your help.
Title & Code of Federal Regulations, Section 245.1(a), states, in pertinent part:
“General. Any alien who is physically present in the United States, except for an alien who is ineligible to apply for adjustment of status under paragraph (b) or (c) of this section, may apply for adjustment of status to that of a lawful permanent resident of the United States if the applicant is eligible to receive an immigrant visa and an immigrant visa is immediately available at the time of filing of the application. A special immigrant described under section 101(a)(27)(J) of the Act shall be deemed, for the purpose of applying the adjustment to status provisions of section 245(a) of the Act, to have been paroled into the United States, regardless of the actual method of entry into the United States.”
It has been held that the burden of proof is on the applicant/petitioner to prove eligibility for the immigration benefit sought. See Matter of Brantigan, 11 I&N Dec. 493(BIA 1966). After complete review of the record, it has been determined that you are not the beneficiary of an approved visa petition, therefore, you are not eligible to adjust your status. See Matter of Ching, 15 I&N Dec. 772 (BIA 1876).
Title & Code of Federal Regulations, Section 245.1(a), states, in pertinent part:
“General. Any alien who is physically present in the United States, except for an alien who is ineligible to apply for adjustment of status under paragraph (b) or (c) of this section, may apply for adjustment of status to that of a lawful permanent resident of the United States if the applicant is eligible to receive an immigrant visa and an immigrant visa is immediately available at the time of filing of the application. A special immigrant described under section 101(a)(27)(J) of the Act shall be deemed, for the purpose of applying the adjustment to status provisions of section 245(a) of the Act, to have been paroled into the United States, regardless of the actual method of entry into the United States.”
It has been held that the burden of proof is on the applicant/petitioner to prove eligibility for the immigration benefit sought. See Matter of Brantigan, 11 I&N Dec. 493(BIA 1966). After complete review of the record, it has been determined that you are not the beneficiary of an approved visa petition, therefore, you are not eligible to adjust your status. See Matter of Ching, 15 I&N Dec. 772 (BIA 1876).