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Returned I-485 form

theskyflyer

Registered Users (C)
My nephew won the lottery from KCC. He sent the application, police report, affidavit of support, etc, but his package was returned with a note:

"Your I-485 Application to Register Permanent Residence or Adjust Status is being returned because it must be demonstrated from the priority date of your approved I-140 / I-360 / I-526 that there is a visa available for you from your home country. Please provide evidence that your priority date does have visas available for your home country when you resubmit your application. All other adjustments must be filed at the local district office."

Does anyone know how he obtains the "evidence that priority date has visas available'?

Thank you.
 
OrlandoVillas, THANK YOU VERY MUCH!
He and I were not aware of this at all.

Let me get this straight -- his number is in the 10,000s. For Asia, it is currently 3500 for Nov, 4750 for Dec. That means he has to wait until his number is available... sometimes in the Spring? Is that how it works?

I just looked at archived bulletin and it doesn't seem that there were visas available for Asia in the 10,000s. Does it mean that it's quite unlikely he will get it? :-(
 
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yes, that's how it works.

For the last two years all numbers for Asia were current in September, which means that everybody who was eligible may have gotten an interview.

A year before that, 11,400 was the highest number. 10,xxx would still have a chance.

With a high number, it pays to do consular processing instead of AOS. It would be good for you to read through posts on this forum comparing the advantages and disadvantages of both. What is your nephew's status in the US?
 
"With a high number, it pays to do consular processing instead of AOS. It would be good for you to read through posts on this forum comparing the advantages and disadvantages of both. What is your nephew's status in the US?"

He is currently in USA on Optional Practical Training status. I am now not very optimistic with his chances.
 
he has to be in status when he is applying for AOS. If his OPT is over by the time he is eligible to apply for AOS, which status does he plan to be in? If none, he will be much better off going home for consular processing.
 
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