US citizen parents sponsoring over 21 son..

the_farmland

Registered Users (C)
What? If the application was deemed to have been filed too early, it should have been rejected before the receipt was issued. Now that it had been accepted it was thought to have been properly filed and cannot be denied on this ground (just my personal opinion).

Which district office was this at? Did your attorney not argue?


I just got back from the interview. I was not approved, actually almost got denied, because the officer said I file on July 29, the bulletin that says I am current is the August bulletin, she said I filed too early. I was appaud, because the August bulletin came out on July 9, what does she mean? I told her every month USCIS publish the bulletin for next month, she denied this fact, she said no. So she gave me and my lawyer two options: either she denies my application or I withdraw it. My lawyer picked the later. She also took all my I-94 and wouldn't give me back. So I am gonna have to refile I-485 and the whole packet and pay another $1010 filing fee.
 

kittenKat

Registered Users (C)
What? If the application was deemed to have been filed too early, it should have been rejected before the receipt was issued. Now that it had been accepted it was thought to have been properly filed and cannot be denied on this ground (just my personal opinion).

Which district office was this at? Did your attorney not argue?
It will be denied. CIS did the mistake by not rejecting it in 1st place, but you shouldn't be filing it before the August. Arguing will not do anything, because they'll show you the law and you can do nothing about it (unless you want to sue CIS as an organization).

csiq, I'm sorry it happened to you. I'm sure the 2nd round will be fast and smooth (although you have to pay again :( ).
 

xerostomic

Registered Users (C)
sorry to hear that CSIQ. When you filed your application and posted your time line I realized the same day that you made a mistake, but they probably overlooked it. I thought I should tell you that they might raise this question during your interview, but I didn't want to upset you as what's done is done. I am just surprised why your lawyer didn't care about filing date. Any way this is life, all your paper work is ready so you should be able to file it ASAP and your green card interview will be within no time.



I just got back from the interview. I was not approved, actually almost got denied, because the officer said I file on July 29, the bulletin that says I am current is the August bulletin, she said I filed too early. I was appaud, because the August bulletin came out on July 9, what does she mean? I told her every month USCIS publish the bulletin for next month, she denied this fact, she said no. So she gave me and my lawyer two options: either she denies my application or I withdraw it. My lawyer picked the later. She also took all my I-94 and wouldn't give me back. So I am gonna have to refile I-485 and the whole packet and pay another $1010 filing fee.
 

mermaid06

Registered Users (C)
Sorry to hear about that. I heard stories of applications being sent back if it was too early, but denying/withdrawing at the interview???
I am sure the second round will go fast. Good luck!

I just got back from the interview. I was not approved, actually almost got denied, because the officer said I file on July 29, the bulletin that says I am current is the August bulletin, she said I filed too early. I was appaud, because the August bulletin came out on July 9, what does she mean? I told her every month USCIS publish the bulletin for next month, she denied this fact, she said no. So she gave me and my lawyer two options: either she denies my application or I withdraw it. My lawyer picked the later. She also took all my I-94 and wouldn't give me back. So I am gonna have to refile I-485 and the whole packet and pay another $1010 filing fee.
 

RSRK

Registered Users (C)
csiq,
I am sorry that your case got denied. That is what they did to a citizenship application for a friend of mine when they applied prematurely. Exactly same thing happened to them as you. They never reject it in the beginning itself, so that the person atleast realizes the mistake that can save his filing fee.
But never mind, apply again after your PD becomes current. If there is no issue, everything should work fine. Yes you will have to shell out another $1010. Never try to contest USCIS. It is waste of time and money. But your lawyer should have taken care of all these dates. I guess you go without him now.
 

Triple Citizen

Registered Users (C)
The fees is paid for USCIS to take action on a petition. USCIS will only determine it is filed early AFTER they take action. Thus the money portion is processed first and foremost.

What? If the application was deemed to have been filed too early, it should have been rejected before the receipt was issued.
 

kittenKat

Registered Users (C)
The fees is paid for USCIS to take action on a petition. USCIS will only determine it is filed early AFTER they take action. Thus the money portion is processed first and foremost.
The basic things like eligibility (including PD) MUST be checked on the entry point BEFORE check is cashed and money and the package should be returned back with the notice "Rejected". It's written in their rules and 3 different lawyers told me that as well. They are clearly violating own laws (there are bunch of similar cases I've heard of), but unfortunately noone goes after them because they are "federal".
 

xerostomic

Registered Users (C)
Finally received my GC in mail today. thank you guys for your support. You guys were my only support during dark ages. I may not log on as frequently, but I will be around.
best of luck
 
Question regarding priority dates:

Hello everyone, I'm a new member so hope you can help. I will start by making some key points:

I am here in the U.S. at the moment with an O-1 visa.
I am older than 21 years, and was older than 21 years when my mother, then a green card holder filed the petition for myself.
My mother, filed a I-130 petition on MAY 2003 that is my priority date MAY 2003.
Since then she has become a US citizen and to the best of my knowledge changed her status from gc holder to citizen in terms of the application.

The I-130 was approved last year, it says unmarried child (age 21 or older) of US Citizen 201 (a) (1) INA

I am trying to figure out the priority dates and the visa bulletin.

According to the latest bulletin, should I be category 1 family or category 2B?
My lawyer informed me that I was category 2B after receiving some rejection notices (more on this below) which makes no sense to me because my mother is a citizen and also because the I-797 approval notice indicates that I am older than 21 and the son of a CITIZEN.

My lawyer and I filed forms I131, 1485 and I765 last week thinking my priority date was current and I was able to adjust status and obtain a green card...HOWEVER, the forms came back with 3 rejection notices. So needless to say I AM VERY CONFUSED (and so is my lawyer who unfortunately offered no help).

Can anyone please explain or offer any clue as to what is happening?
 

kittenKat

Registered Users (C)
Unless you are from Mexico or Philippines you should be good (and YES, you are in category 1). Your PD is current and you should file 485. Did you submit your mom's NATURALIZATION CERTIFICATE together with all forms? Also WHAT EXACTLY the rejection notice says?

P.S. May be you have to change the lawyer, BTW.
 

RSRK

Registered Users (C)
Finally my son received his green card yesterday before which he received the welcome letter and approval letter. It is still unknown why the officer at his infopass appointment told him to wait for 180 days, when everything was clear. Anyway it has been 9 years that I had filed I-130 for him and only after becoming citizen recently, I could get his case upgraded which benefitted ultimately. Even his employment based category EB3 is still unavailable.
Anyway thanks to all of you who gave their inputs. May continue to watch this forum occasionally.
 

drownfish

Registered Users (C)
Finally my son received his green card yesterday before which he received the welcome letter and approval letter. It is still unknown why the officer at his infopass appointment told him to wait for 180 days, when everything was clear. Anyway it has been 9 years that I had filed I-130 for him and only after becoming citizen recently, I could get his case upgraded which benefitted ultimately. Even his employment based category EB3 is still unavailable.
Anyway thanks to all of you who gave their inputs. May continue to watch this forum occasionally.
congrats:)
 
Hi, my brother is a US citizen and wants to sponsor our parents and younger brothers for a Green card. My younger brothers are under 21. I know both parents have to file separate applications, but once my parents' applications go through, will my younger brothers automatically get US residence, because they are dependents?
 

CALVIN_LJQ

Registered Users (C)
My dad is filing I-864 to sponsor me for AOS(Adjust of Status).
He has a question about the income. Is it come before tax and deductions or after?

here are more details:
for the #23 in the I-864 : Current Individual Annual Income, that is to determine my 125% of Poverty Line in the I-864P (I want to just use me as a single sponsor). But my tax return is joint with spouse.therefore, the income on the line 37 is actually the household income... I am still not sure about it...
any people had a similary situation?

Thanks you!
 
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CALVIN_LJQ

Registered Users (C)
Does anyone know if this would stretch the AOS process by applying I-131(Application for Travel Ducument) alone with I-765(application for EAD) in the I-485 process.
 
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