I-485 denied. SOS to all the experts

K

kingAnil007

Registered Users (C)
Hi Folks,
==================================
the 72 hours that destroyed my life.
====================================
I got I-485 notice of decision of denial. It says
my application was received on 0 2/26/01 and my
priority date was current on 03/01/01. I may not
appeal the case.

After going through The fingerprint in 07/01 and then
RFE on 10/01, i got this denial based on some mean
law.

It has been unfortunate my application reached
2 days early.

My details
Priority Date : May 06 1997 EB3 India
I-485 RD - 02/26/01 --------------->> Destroyed me
      ND 03/20/01
FingerPrint July 01
RFE Oct 01
Notice of denial 12/01

I send a fax to INS no reply, no action.

Any suggestions what should I do???

I would be applying for I-485 again.

Regards,
The Unfortunate One
 
Get a Good Attorney. Life is not destroyed, its just another down in Ups and Down of LIfe.

You\'ll get your GC, Just act quick and get a good attorney.
 
The SOP is, if you received the so called *denial notice* as oppose to *intent to denial* notice, yo

 
 
Do not panic

You said that they sent you a RFE. What was the RFE about?
Did you provide the INS with the information that they asked?
 
The petition was denied because it was filed when the priority date was not current

 
 
Talk to a good lawyer.

My take on your situation is, even if you appeal the decision, it might take 6-7 months. Looks like your service center (is it CSC?) working faster on 485 so prepare to apply it again as soon as you can, since EB3 is current. We have seen quite a few cases like yours on this board where poeple apply based on the PD bulletin published on around 15th of current month for NEXT month and they apply before 1st of next month. INS always looks at RD and not at ND.
 
I suggest you re-apply fresh ASAP

Looks like they picked up your case pretty fast (10 months).
So if you re-applied now you should be getting approval in sept or oct 2002.

Hey, that\'s pretty much when you\'d get your approval anyways if you were under NSC or TSC. The only thing different is you will be out the application fee the second time.
 
Suggest to take a second opinion from a best attorney.

Your attorney should be able to handle this. Since he is the one who did the filing. Now, you are undergoing this bacause some clerk in his office has committed a mistake. Take a second opinion from a very good lawyer, you should be fine.
 
hey buddy...relax...ur life is not destroyed!!

hey...I can begin to understand what you are going through,but your life is not destroyed..please...I mean worse things happen..
I have a friend,who recd his Green Card,and then a week later was diagnosed as having 2nd stage cancer..and he has a dependent wife and 2 young kids..but they r calmly deciding what to do..so please..if all lives start getting destroyed on things like GC,then there is no end to it,and that means we are very weak humans...
please stay calm,evaluate your options,and move ahead based on your next course of action...
Thanks..and Good Luck
 
Read the posting, it says that INS states that there is no right to appeal this type of denial!

 
 
What law was it ?

what was wrong with your application ? I just couldn\'t get that.
 
The application reached INS 3 days before the priority date became current

I am surprised. INS should have returned the application if it was reached before the priority dates became current. This way the beneficiary could have re applied after the priority date became current without waiting for the whole process. INS accepted the app, returned a fee rcpt, scheduled for a FP and then realize that they should not have processed the app. Talk to your lawyer and ask them to talk to INS and point this to them.

The other option is to refile. If you and derivative applicants have not used EAD and are still in status ( H/L ), you should just refile. It will be faster.
 
No Title

Hi Nothing to worry, I saw a similar case. It was on VSC. The guy has sent a letter and his lawyer did a good job and the person got the approval in two months. Just don\'t worry. Talk to a good lawyer. It may cost some money that\'s all. Heads up buddy.
 
72 hours destroyed me!!!

Thanks guys.

My application was at CSC

Clarification
=============
1) RFE was for medicals in Oct and gave the documents
   for the RFE
2) My application was received by CSC on Feb 26,2001
   ( OOPS just 3 days!!!)

3) CSC should have rejected at that moment.

My actions
==========
1) Went to the INS and met the duty officer who was
    sympathetic to my case. However he confessed that he
    is powerless. Suggest me give a request and I gave
     the papers. ( State Dept bulletin dated Feb 13)
    etc.
2) I asked the lawyer\' office to send the papers too.

I am keeping my fingers crossed

Applying for fresh I-485 soon.
 
There are quite a few people who r in the same situation.

Hey guys,

I know of myself and two others who are in the same situation but the bummer is we\'ve applied and all we can do at this point is to wait untill its our time for jurisdiction. Its kinda scary when we read about such denial cases but there is not much that can be done at this point until we get something back from the INS. If our luck is good the officer who is handling the case will overlook this and approve the application, if not we go thru the I-485 again and wait for another year. Its all faith and its not in our control. All we can do at this point is wait and watch. I wish you all good luck and don\'t worry, remember "whatever happens happens for the best"

good luck
hope99
 
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