My I-485 Denied. No Notice receive. I found out through my Congressman.

[benworld]

I'm a dependent of my father and mother I-485 that was pending. Recently, both of my parents were approve. After waiting few months to figure out why we didn't hear anything regarding my file I decided to contact my congressman.

The congressman liasion determine that my file was already denied for being aged out and second time as well so no notice was sent.

However, I would be cover as a dependent because of 245i act. I was grandfather in. I believe the officer overlook this issue.

My attorney nor have I ever receive any notice regarding my denial. My congressman asked that I start a FOIA request to get the letter.

Anyone explain how this will impact my case? What do I do? Can I still appeal?

We have no time frame when first denial was made. I'm requesting FOIA asap and having my congressman expedite the process.


What do I do? I am now out of status. Am I illegal now?

Thank you
Big B

 

[Jackolantern]

You'll need the written denial notice with the official denial reason, otherwise you won't know how to appeal it or whether there is a basis for appeal.

 

[benworld]

You'll need the written denial notice with the official denial reason, otherwise you won't know how to appeal it or whether there is a basis for appeal.

Is FOIA request the only way of retrieving that denial notice since my files are NRC? How long does FOIA request take?


So without knowing the time frame will I have a chance to file MTR once I do end up getting my denial notice?

My attorney can prove that I am grandfather under the 245i act. But we need to fight it and she can't do it without the denial notice.


What happens to my current status?

Please help.

 

[Jackolantern]

Is FOIA request the only way of retrieving that denial notice since my files are NRC? How long does FOIA request take?

You might be able to obtain a copy of it (or at least get them to tell you the specific denial reason or how to get the denial notice) from your local USCIS office if you make an Infopass appointment.

My attorney can prove that I am grandfather under the 245i act. But we need to fight it and she can't do it without the denial notice.

Even if you are grandfathered under 245(i), that won't protect you from aging out. But the grandfathering would allow you to file another I-485 on another basis such as employment or a petition filed by your sibling.

However, do you understand the CSPA and age-out rules? Did you file the I-485 when you were under 21? If yes, and you stayed unmarried, you definitely didn't age out.

If not, you may or may not have aged out depending on the specific details of your case. If you don't understand the CSPA and age-out rules, discuss it in detail with your attorney, reviewing the relevant facts of your case including when the I-130 or I-140 was filed, when it was approved, when it became current, when you filed I-485, the date you filed it, and your age when you filed it. If you actually aged out, appealing would be a waste of time and money.

 

[benworld]

Recapture old date?

Original Priority date for petition filed for my father was April 2, 2001 under the 245i act.

Is it possible that my father file I-130 a new one and we request to recapture old priority date of April 2, 2001?

Since my previous I-130 was a dependent of my father who was a beneficiary of family based petition.

Since my father has his green card can he not file I-130 and we request to recapture a old priority date which will make my new I-485 current?