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

D

delsol

Registered Users (C)
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
 
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.
 
I am so sorry to hear about this. From my read of the letter, the reason for the denial of the I-485 is that they previously denied the I-130 petition. Did your spouse not have the right income to support you? Were you notified that the I-130 was denied? I recommend you hire a lawyer and get to the root of the problem. If you have an approval notice for the I-130 you can probably file a motion to re-open.
 
The part that I don't understand is that they put like your I-130 was denied before the I-485. But you had an interview? that doesn't make any sense. Since things have change when you applied in 2002 where did you had to sent your documents and if you had to sent first the I-130 and later on the I-485 or everything together like now?
 
I dont even see any reason that makes sense....most of the stuff about unlawful presence seems to be the result of the current application being denied. If the case is marriage based I dont see how unlawful presence can be a denial reason...illegal entry might be.....but thats not the case here..... :(
 
hi. first of all thanks everybody for help. i have been trying to get the picture by reading the letter more and more but still did not understand. know as you guys pointed out it has something to do with the eligibility of visa petition of my US citizen wife for me. basically that letter states(i guess) my wife can't file petition for me. or this is just another way of saying "we don't believe you have a bonafide marriage". we never recieved anything before about denial of I-30. i still have the receipt for those applications. I-485. I-130, fingerprinting etc. they all filed together to the local ins office. i also never had a problem with EAD. everything seem to be in order until know. i have been waiting for long time for the fbi background check but who doesn't? and now after 3,5 years thats happening. as an answer for gringos question; yes my wife didn't have the required income to support me but i was making enough money to meet&also we provided with additional sponsors documents.
jac2005 i guess you right unlawful presence not the reason for denial. i think they indicate the consequenses if i stay without adjusting my status.
i schedule infopass(i know it's going to be useless but) also contact to a lawyer. after i get their opinions about the case i'll act before deadline if there is any hope. thanks again
 
My guess is someone screwed up in processing the I-130 and they denied it based on insufficient income -- the most common reason to deny the I-130. The bona-fide nature of the mariage does not come into play at the I-130 stage (only at the I-485 stage), so that's not what happened in your case. My guess is that the way you filed the I-130 and the affidavit of support caused USCIS to overlook the fact that there was an additional sponsor. You need to both (1) get a lawyer, and (2) act through your congressional house rep. If it is in fact a clerical error, it will get solved. And yes, you were not denied because of illegal status, that's just the consequence of denial. You need them to re-adjudicate the I-130 fast!
 
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