I checked the AVM yesterday, it says" A written decision has been made on this case". I am still eaiting for the letter, and it is so depressing. Does this always mean rejection? Is there any other possibilities? The only basis of rejectionI can think of is that I had been in this country for 2 years before, then I came back to my home country for 1 year and 8 months, then I immigrated to Canada, and stayed there for another year. They requested that information and I submitted 40 pages of documentation to verify that. Can I get rejected based on that? Is the time spent in Canada counted into the "2 year home country residence"? I believe the answer is yes, then why should I get rejected? Is there anything I can do now? I will speak to a good attorney after I receive the notice, but I just feel so desperate.I have been in this country for 5 years, now the only solution is going back? I would like to hear from anybody who had gone through this. Any suggestions will be appreciated. Thanks.
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I485 rejection?
- Thread starter zhang102
- Start date
Probably rejection.
Check the AVM again - sometimes messages get mixed-up. If "written decision..." is still there, probably it means rejection.
The four months you spent in Canada will probably NOT count towards 2-year fulfilment. If you became permanent resident of Canada before you left for China, the 2-year condition then would NOT apply to you. But since you stayed already in China for 1 year and 8 months, you are short of four months even if you became permanent resident of Canada later on. I am not 100% sure - this is my understanding.
However, if this is the case, then either you need to fuflill the 2-year HRR clause or obtain a waivr and then re-apply. Please consult your attorney before coming to any conclusion.
Other basis for rejection could be incorrect fee, non-availability of visa number, failure to do fingerprinting, later attempt for consular processing, etc. (all of these seem very less likely in your case).
Best wishes,
Jigesh
Disclaimer: Personal non-legal point of view only.
Check the AVM again - sometimes messages get mixed-up. If "written decision..." is still there, probably it means rejection.
The four months you spent in Canada will probably NOT count towards 2-year fulfilment. If you became permanent resident of Canada before you left for China, the 2-year condition then would NOT apply to you. But since you stayed already in China for 1 year and 8 months, you are short of four months even if you became permanent resident of Canada later on. I am not 100% sure - this is my understanding.
However, if this is the case, then either you need to fuflill the 2-year HRR clause or obtain a waivr and then re-apply. Please consult your attorney before coming to any conclusion.
Other basis for rejection could be incorrect fee, non-availability of visa number, failure to do fingerprinting, later attempt for consular processing, etc. (all of these seem very less likely in your case).
Best wishes,
Jigesh
Disclaimer: Personal non-legal point of view only.
It is at least an RFE
The worst case is rejection. You would be lucky enough if you just receive an RFE concerning your employment status, paystubs, etc.
No matter how many pages you wrote to INS when you were filing 485, one fact is clear: you did not finish 2-year-homeservice as of the date of filing 485. It does not matter you have PR in Canada or not, as long as you hold a chinese passport---I mean your nationality is still chinese. But I do know staying in Canada is definitely not counted in the "2 years".
But just relax. You know you could do nothing but to follow the INS\'s decision. Actually INS in many cases ignored the exact months--anyway you stayed in China 1 yr and 8 months. They sometimes just ignore it.
In the worst case they intend to reject, you can apply for waiver immediately which just takes 3 months. Then send it back to INS. That\'s it.
The worst case is rejection. You would be lucky enough if you just receive an RFE concerning your employment status, paystubs, etc.
No matter how many pages you wrote to INS when you were filing 485, one fact is clear: you did not finish 2-year-homeservice as of the date of filing 485. It does not matter you have PR in Canada or not, as long as you hold a chinese passport---I mean your nationality is still chinese. But I do know staying in Canada is definitely not counted in the "2 years".
But just relax. You know you could do nothing but to follow the INS\'s decision. Actually INS in many cases ignored the exact months--anyway you stayed in China 1 yr and 8 months. They sometimes just ignore it.
In the worst case they intend to reject, you can apply for waiver immediately which just takes 3 months. Then send it back to INS. That\'s it.