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Filed: Country: Ukraine
Timeline
Posted

Hello

I am looking for an advice and will appreciate any help. I came to US about 5 years ago on J-1 visa to visit my Mom who were and still is US permanent resident. Few months after we applied for I-130 petition (on April 16th, 2006). my birthday is on July 27th 1985, so i was still under 21 when applied. I went to school, changed my status and received F-1 visa. On August 4th 2007 my petition was approved. I kept my F1 status and was going to school for all these years once i got work authorization permit on july 22nd 2010. I have started to work waiting for my green card. I also went for the interview at Federal plaza (New york) with my Mom on August 1st 2010 and all seemed to be good, was told that should have gotten my green card in few weeks. Yesterday i received adjustment of status notice, I-130 was denied.CIS say i was over 21 when approved. Any suggestions, ideas? My brother who was in Ukraine all this time, petition of whom was approved while he was also 22 as well got his visa already (few months ago) and came to US few days ago to get his green card. About the same time i received denied notice. It's so sad.... :( . is it fare??? Not sure what to do. I contacted layer but don't feel comfortable with him now. is it matter when petition is approved? I received a receipt on April that they received it and i was under 21 at that time. it also says that "decision may not be appealed". But how come it's possible. what should i do?

thank you so much for any feedback

Vik

Filed: Country: Ukraine
Timeline
Posted

This sounds like the time for your mother to call her congressman or senator's office for help. It sounds like a simple screw-up and this should be the motivation they need to correct it. Good luck!

Thanks james&olya for your output and wishes! it's just ridiculous and I am so frustrated about it.... After waiting for that many years keeping legal status got strewed up. would it make sense if i post CIA response here for you and others to have more understanding about my problem?

Thank you!

Vik

Filed: Citizen (apr) Country: Canada
Timeline
Posted

Thanks james&olya for your output and wishes! it's just ridiculous and I am so frustrated about it.... After waiting for that many years keeping legal status got strewed up. would it make sense if i post CIA response here for you and others to have more understanding about my problem?

Thank you!

Vik

Yes seeing the actual notice they gave you could help more to unterstand the issue.

-------------------------------------------- as1cE-a0g410010MjgybHN8MDA5Njk4c3xNYXJyaWVkIGZvcg.gif

Your I-129f was approved in 5 days from your NOA1 date.

Your interview took 67 days from your I-129F NOA1 date.

AOS was approved in 2 months and 8 days without interview.

ROC was approved in 3 months and 2 days without interview.

I am a Citizen of the United States of America. 04/16/13

  • 2 months later...
Filed: Country: Ukraine
Timeline
Posted

Hello

I have decided to update everyone on the status of my case.

As stated earlier my application has been denied. After talking to my lawyer we discovered that immigration officer just disregard "Child Protection Act" (or did not know about it) while reviewing my case and denied it :( . We have filed a motion to re-consider. And it has already been more then 60 days. Still no response...

So, I was wondering if anyone has been experiencing similar problems and knows how long this will take and possible scenarios.

Any advice is much appriciated!

Thanks in advance

Viktor

Filed: Other Country: Bangladesh
Timeline
Posted (edited)

Vitjok - I just read your posts and it seems that you do not have a very good understanding of the immigration process, and misinterpreted the outcome, and then started a thread with a title that is also incorrect. I will explain what happened.

USCIS DID NOT just "approve the I-130, and then denied it". Your I-130 is STILL approved. What they denied is your adjustment of status application (I-485). You see, I-130 just establishes the relationship OFFICIALLY between your mother and you. There were no issues in that, so the I-130 was approved. Once your priority date (4/26/2006) became current in F2A (under 21 children of LPR) category, you applied to adjust status (I-485) based on the approved I-130. And this is the application that got denied because you were NO LONGER in F2A category since you aged out. CSPA doesn't help you either since your CSPA age is 21+.

Here are some the important dates:

Your DOB: 07/27/1985

I-130 filed: 04/26/2006

Priority Date: 04/26/2006

Now, at the time of the I-130 filing, you were under 21, so your preference category was F2A. On July 27, 2006, you turned 21. Since your mother is NOT a US citizen, your age was NOT frozen on your priority date. You AGED OUT and moved into the F2B category.

Now let's see if CSPA helps you -

Date I-130 petition approved: 08/04/2007

Time I-130 was pending: 1 year 3 months 8 days (04/26/2006 to 08/04/2007).

Date PD (4/26/2006) in F2A became current: 04/01/2010 (Visa Bulletin: http://www.travel.state.gov/visa/bulletin/bulletin_4747.html )

Your real age on the day PD became current: 24 years 7 months xx days

Your CSPA age: your real age on the day PD became current MINUS the time I-130 was pending = 24 years 7 months MINUS 1 year 3 months = OVER 21

So, you DO NOT benefit from CSPA. Which means, you ARE in F2B category. On the date of your I-485 (AOS) interview (8/1/2010), your priority date in your category WAS NOT CURRENT. That's why your AOS application WAS denied. USCIS DID ABSOLUTELY NOTHING WRONG.

On the other hand, you got a MORON attorney that thinks you benefit from CSPA. Stop wasting your money on him.

WHAT HAPPENS NOW:

As of Feb 2011 visa bulletin, the current PD in F2B category is Apr 15, 2003. You have a LONG wait my friend. If you stay in the USA until your PD becomes current, you MUST make sure that you stay here LEGALLY. If you fall out of status, you will NOT be able to get your GC EVEN if your PD is current.

The best scenario for your is to marry a USC and start the process again - you should get your GC within 6 months.

EDIT: spelling

Edited by Export of Dhaka
Filed: Other Country: Bangladesh
Timeline
Posted (edited)

This sounds like the time for your mother to call her congressman or senator's office for help. It sounds like a simple screw-up and this should be the motivation they need to correct it. Good luck!

What is basis of this USELESS advice? Did you even read OP's post carefully? Without even reading you decided that it's USCIS's fault and senator/congressman should be involved. If you DO NOT understand immigration process, please STOP commenting.

Edited by Export of Dhaka
Filed: Country: Ukraine
Timeline
Posted (edited)

Vitjok - I just read your posts and it seems that you do not have a very good understanding of the immigration process, and misinterpreted the outcome, and then started a thread with a title that is also incorrect. I will explain what happened.

.............................

The best scenario for your is to marry a USC and start the process again - you should get your GC within 6 months.

EDIT: spelling

If all that you said is true that it's not good and I am very upset.... Not sure what to do.. Unless going to school and re-new my F-1 status.

If my Mom becomes a citizen will it help?

I honestly appreciate your time and reply.

Edited by vitjok
Filed: Other Country: Bangladesh
Timeline
Posted

If all that you said is true that it's not good and I am very upset.... Not sure what to do.. Unless going to school and re-new my F-1 status.

If my Mom becomes a citizen will it help?

I honestly appreciate your time and reply.

If your mom becomes a USC, it will help your case a little since it will move you into F1 preference category. As per Feb 2011 visa bulletin, the current PD in F1 is 01 Jan 2005, which is nearly 2 years ahead of your current category. You MUST not get married however to anyone other than a USC.

Filed: Country: Ukraine
Timeline
Posted

If your mom becomes a USC, it will help your case a little since it will move you into F1 preference category. As per Feb 2011 visa bulletin, the current PD in F1 is 01 Jan 2005, which is nearly 2 years ahead of your current category. You MUST not get married however to anyone other than a USC.

Thanks for this info. If I get married to USC and this seems to be the best option would my new case cancel the existing one with my Mom? I heard that sometimes new applications are being denied because there are some other cases pending. Is that true? Or i misunderstood something?

Thank you so much for your help!

Vik

Filed: Citizen (apr) Country: Argentina
Timeline
Posted

Thanks for this info. If I get married to USC and this seems to be the best option would my new case cancel the existing one with my Mom? I heard that sometimes new applications are being denied because there are some other cases pending. Is that true? Or i misunderstood something?

Thank you so much for your help!

Vik

yes, because LPR cannot file for married children, only US Citizens can. the petition will be canceled

A person can have more than one petition at a time.

  • 2 months later...
Filed: Country: Ukraine
Timeline
Posted

Hello

Thank you guys for having taken this time providing this helpful information. Maybe someone will find their answers here as well.

Anyway, I am still around and asking for advises and will appreciate any reply.

I have recently filed an I-539, Application to Extend/Change Nonimmigrant Status to re-instate my student status. I don't want to be illegally in this country.

Would it get denied too based on the fact that my I-485 was denied? I was working for some time too and not sure if that will come up. Will this be checked out?

I have also explained in my cover latter that I left my school expecting to get my I-485 approved so I could continue standing as US resident and would like to renew studying until receive the opportunity to apply for adjustment of status again.

FYI

My younger brother who filed I-130 with me together already got his green card. His I-130 was approved 3 years after mine. So, even though he was over 21 he was eligible and given GC. We filed all together but USCIS kept my brother's application for almost 3 year to finally approve it. Mine was approved after 1 year and something.

Please leave your feedback if possible

Thank you all!

Viktor

Filed: K-1 Visa Country: Vietnam
Timeline
Posted

Hello

Thank you guys for having taken this time providing this helpful information. Maybe someone will find their answers here as well.

Anyway, I am still around and asking for advises and will appreciate any reply.

I have recently filed an I-539, Application to Extend/Change Nonimmigrant Status to re-instate my student status. I don't want to be illegally in this country.

Would it get denied too based on the fact that my I-485 was denied? I was working for some time too and not sure if that will come up. Will this be checked out?

I have also explained in my cover latter that I left my school expecting to get my I-485 approved so I could continue standing as US resident and would like to renew studying until receive the opportunity to apply for adjustment of status again.

FYI

My younger brother who filed I-130 with me together already got his green card. His I-130 was approved 3 years after mine. So, even though he was over 21 he was eligible and given GC. We filed all together but USCIS kept my brother's application for almost 3 year to finally approve it. Mine was approved after 1 year and something.

Please leave your feedback if possible

Thank you all!

Viktor

"Export of Dhaka" explained to you how the CSPA works. Your brother was approved because, after deducting for the time USCIS spent processing the petition, his adjusted age was under 21. Yours was well over, which is why your AOS was denied. The CSPA lets you deduct time that USCIS spends processing your petition, but it doesn't let you deduct time spent waiting for your priority date to become current.

If you admit in your cover letter that the only reason you're returning to school is so you can maintain your non-immigrant status while waiting to become eligible to adjust status then your application to reinstate your student status will be denied. It's fine if you explain that you dropped out of school temporarily to apply for AOS, but you should explain that you're returning to school because that was your original intention - NOT because you're waiting out your priority date.

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

Filed: Other Timeline
Posted

This answer was easily worth $350, yet free of charge, right here at Visa Journey.

Wonder what the incompetent immigration attorney charged for nothing.

Vitjok - I just read your posts and it seems that you do not have a very good understanding of the immigration process, and misinterpreted the outcome, and then started a thread with a title that is also incorrect. I will explain what happened.

USCIS DID NOT just "approve the I-130, and then denied it". Your I-130 is STILL approved. What they denied is your adjustment of status application (I-485). You see, I-130 just establishes the relationship OFFICIALLY between your mother and you. There were no issues in that, so the I-130 was approved. Once your priority date (4/26/2006) became current in F2A (under 21 children of LPR) category, you applied to adjust status (I-485) based on the approved I-130. And this is the application that got denied because you were NO LONGER in F2A category since you aged out. CSPA doesn't help you either since your CSPA age is 21+.

Here are some the important dates:

Your DOB: 07/27/1985

I-130 filed: 04/26/2006

Priority Date: 04/26/2006

Now, at the time of the I-130 filing, you were under 21, so your preference category was F2A. On July 27, 2006, you turned 21. Since your mother is NOT a US citizen, your age was NOT frozen on your priority date. You AGED OUT and moved into the F2B category.

Now let's see if CSPA helps you -

Date I-130 petition approved: 08/04/2007

Time I-130 was pending: 1 year 3 months 8 days (04/26/2006 to 08/04/2007).

Date PD (4/26/2006) in F2A became current: 04/01/2010 (Visa Bulletin: http://www.travel.st...letin_4747.html )

Your real age on the day PD became current: 24 years 7 months xx days

Your CSPA age: your real age on the day PD became current MINUS the time I-130 was pending = 24 years 7 months MINUS 1 year 3 months = OVER 21

So, you DO NOT benefit from CSPA. Which means, you ARE in F2B category. On the date of your I-485 (AOS) interview (8/1/2010), your priority date in your category WAS NOT CURRENT. That's why your AOS application WAS denied. USCIS DID ABSOLUTELY NOTHING WRONG.

On the other hand, you got a MORON attorney that thinks you benefit from CSPA. Stop wasting your money on him.

WHAT HAPPENS NOW:

As of Feb 2011 visa bulletin, the current PD in F2B category is Apr 15, 2003. You have a LONG wait my friend. If you stay in the USA until your PD becomes current, you MUST make sure that you stay here LEGALLY. If you fall out of status, you will NOT be able to get your GC EVEN if your PD is current.

The best scenario for your is to marry a USC and start the process again - you should get your GC within 6 months.

EDIT: spelling

There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

 
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