AOS DENIED

[flamrboy 0]

Today, i just got the dreadful news that my AOS was denied. It was denied based of the fact that I was not able to prove enough income on my RFE. I am now here in violation of the law and I have thirty days to leave the country before removal proceedings. What are my options? help please.

[VanessaTony 3,567]

You have 2 options:

1. File AOS again but you will need to prove enough income.

2. If you can't prove the income to be sufficient then you need to leave.

Those are your only valid and legal options sorry.

Edited December 12, 2011 by Vanessa&Tony

[flamrboy 0]

You have 2 options:

1. File AOS again but you will need to prove enough income.

2. If you can't prove the income to be sufficient then you need to leave.

Those are your only valid and legal options sorry.

can i file it within the thirty days though?

[VanessaTony 3,567]

Well, what visa are you AOSing from? AOSing from the VWP you wouldn't be allowed to appeal. AOS from a K1 can be appealed.

Assuming you're K1 you SHOULD be able to re-apply.

[flamrboy 0]

Well, what visa are you AOSing from? AOSing from the VWP you wouldn't be allowed to appeal. AOS from a K1 can be appealed.

Assuming you're K1 you SHOULD be able to re-apply.

I came over here and applied before i turned eighteen on a b2. So i guess that means that i wont be able to start up a completely new application.

[milimelo 4,572]

Moving to AOS from student, tourist, work visa.

[ceadsearc 516]

VWP and B-2s are different. Those adjusting from B-2s can appeal, those from VWP cannot. The big question is whether you can now prove your income or not.

[VanessaTony 3,567]

VWP and B-2s are different. Those adjusting from B-2s can appeal, those from VWP cannot. The big question is whether you can now prove your income or not.

Forgive my ignorance but I'm not sure the OP is AOSing based on marriage to a USC because of their reference to "AOSing before I turned 18"... so I assume they must have a family I-130 in there somewhere?

[ceadsearc 516]

Forgive my ignorance but I'm not sure the OP is AOSing based on marriage to a USC because of their reference to "AOSing before I turned 18"... so I assume they must have a family I-130 in there somewhere?

Good catch, I missed that. Hopefully the OP can clarify the exact situation.

Forgive my ignorance but I'm not sure the OP is AOSing based on marriage to a USC because of their reference to "AOSing before I turned 18"... so I assume they must have a family I-130 in there somewhere?

Good catch, I missed that. Hopefully the OP can clarify the exact situation.

[VanessaTony 3,567]

I came over here and applied before i turned eighteen on a b2. So i guess that means that i wont be able to start up a completely new application.

How are you eligible to adjust? What basis are you adjusting from? Marriage to a USC? Did a family member petition you?

[flamrboy 0]

How are you eligible to adjust? What basis are you adjusting from? Marriage to a USC? Did a family member petition you?

I am adjusting from family based. my dad is a USC.

[JimVaPhuong 4,863]

If the denial said you have 30 days to leave before removal proceedings then it sounds like it was denied "with prejudice". This would mean you can't simply apply again. You'd need to submit a motion to reopen, and you'd need to include new evidence to prove the decision was wrong. You have only 30 days to do this. I strongly recommend you speak with an attorney. If you can't get this rectified before 180 days after your 18th birthday then I recommend you hightail it back to your home country and apply for an immigrant visa, presuming your I-130 was approved. If you stay beyond that then you'll get an automatic ban when you leave the US.

[CC90 90]

VWP and B-2s are different. Those adjusting from B-2s can appeal, those from VWP cannot.

Well, what visa are you AOSing from? AOSing from the VWP you wouldn't be allowed to appeal. AOS from a K1 can be appealed.

It's important to note that there are absolutely no appeals of the AOS process permitted because the approval is discretionary in all cases. Discretionary matters cannot be appealed by concept. It does not matter if VWP or not. The case can only be refiled or reopened. A Motion to Reopen is not an appeal.

Edited December 13, 2011 by CC90

[Robert&Karen 264]

I am adjusting from family based. my dad is a USC.

My whole family are immigrants. My Dad became a citizen before I was 18. When I applied for citizenship at age 20 they told me I can claim derived citizenship through my dad, or rather, I am already a citizen that way. I sent in his naturalization paperwork, my birth cert and green card, and got a US passport. (Parents were divorced and dad had custody. If they were still married I'd need to be naturalized.)

Just something to see if you qualify for.

[ceadsearc 516]

It's important to note that there are absolutely no appeals of the AOS process permitted because the approval is discretionary in all cases. Discretionary matters cannot be appealed by concept. It does not matter if VWP or not. The case can only be refiled or reopened. A Motion to Reopen is not an appeal.

Perhaps I'm confused, but according to the USCIS website, an AOS denial can be appealed in some cases, which as you stated IS different from a motion to reopen.

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=2da73a4107083210VgnVCM100000082ca60aRCRD&vgnextchannel=2da73a4107083210VgnVCM100000082ca60aRCRD

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=343df95c93228210VgnVCM100000082ca60aRCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD