I-485 was received by USCIS too early

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kittenLorie

Registered Users (C)
I sent my family I-485 with all supporting docs 3 days earlier than priority date became current (they received it Apr 27 instead of May 1 and sent me the Notice on May 15th). However they did NOT reject it, but got my money, took biometrics, sent out EAD, and scheduled an interview 6+ months later. I went to the interview last week and the officer (or clerk?) there told me that my application was received too early, so I may have to resubmit it again blah-blah-blah (of course paying again $1000+ and waiting for .... months). I tried to google the laws, but couldn't find it. As far as I understand USCIS MUST reject if it's too earlier, however they let it pass. Is it their violation of the law? What should I do? Only resubmit again? What about EAD (I'm out of H1 status)?

I consulted 3 local lawyers, but they've never faced such situation before: I mean USCIS ALWAYS rejected if it was too early... :(
 
kittenLorie said:
As far as I understand USCIS MUST reject if it's too earlier, however they let it pass. Is it their violation of the law? What should I do? Only resubmit again?
Click to expand...

USCIS should have rejected it immediately, but the fact that they did not do so doesn't mean that they can approve it.

What category are you in?
 
Thanks for response! That was my understanding too that they should reject it right away and obviously didn't do it because someone just didn't do the job right. It's in 1st Family category, and 3 days after they got it the priority date became current (all other papers are just fine). When I went to the interview the VERY young clerk (or officer) went through papers and suddenly started to talk about too early application and all and that she has to talk to supervisor blah-blah-blah. So they said to wait, but didn't even say for how long or what is the answer.. I know the situation is just weird plus as I mentioned local lawyer never run into such before, so they can't even get any advice... I'm really concerned that as long as they deny it (for own mistake) I'll be out of status... :mad:
 
What is the country you were born in?
Do you qualify under any other country quota?
Do they have or could they have a reason to believe you do?

Why do you think they should have rejected it immediately? I just see they have to reject it.
 
I'm qualified just for one country (and it's not India, China, Mexica, or Phillipines). :) And as said the priority date became (and still is) current 3 days after they receive it. From what I found at the forums and lawyers talks over Internet USCIS must reject the application with priority date not current. But they didn't.
 
Oh, btw, reject and deny are different things as far as I understand. Now they only can DENY it, they kinda pass on rejection already, because it was accepted (check cashed, evaluated, etc.).
 
I do not see why they must. Moreover, DOS could have changed priority dates by the time you have applied and your PD could have been in fact current on the date of your application. The approximate dates are published monthly in the VISA BULLETIN. However, what happens between months is not widely published, and if changed, you would not easily get info about that.

It could also be that because you missed the PD just by 3 days, they were not actually sure it was not current yet. As well as you cannot have enough knowledge of that. They will make a decision on that at the time of adjudication.
 
Well... You are right. Noone knows what's going on in USCIS heads anyway...

Does anyone know how long should I wait for response from them after the interview? Is there any stated deadlines?
 
Dear KittenLorie, I am in exact situation as you, submitted my I-485 application too early (3days only actually) and asked to withdraw my I-485 and refile by the interviewer. Could you please tell me what happened to you afterwards. I mailed out refiled I-485 with fees and everything like before, it's being two weeks, I haven't heard anything from USCIS. For god sake, let me know.
 
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