my i485 was denied, what should i do?

[FayDu 0]

My husband is a permanent resident. He filed the i130 for me and i filed the i485 in August 2013. But in the interview a week ago, i said i am a CCP member. While the fact is i am not since my college graduation in 2009 because i didnt take part in any CCP activities since then. I wrote an explanation letter to the USCIS office a day after the interview to explain that I did join the CCP because i want to win scholarships and a better chance for job. And i am not a member any longer. i guess they didnt read the letter before they sent out the denial.

and in the denial letter they said my F1 status was expired and i should arrange to leave the States. i ampregnant and i dont want to leave my husband. what should i do now? apply for reopen or reconsideration? will i be forced to leave the States?

[lasko12 9]

By CCP, do you mean China Communist Party ?

[kzielu 1,149]

If you were out of status you had zero chance of successful AOS, and it's not going to change until your husband becomes a citizen.

[KayDeeCee 4,895]

~ Moved from AOS from Family Based Visas to Bringing Family Members of Permanent Residents to America ~

[FayDu 0]

By CCP, do you mean China Communist Party ?

yes

[john.smith 5]

@FayDu

I am so sorry to hear all that.

Were you in legal status in August - at the time you filed i-485?

or, What was your immigration status at the time you filled I-485?

Edited March 8, 2014 by john.smith

[aaron2020 11,651]

Was your PD current when you applied to adjust?

[FayDu 0]

@FayDu

I am so sorry to hear all that.

Were you in legal status in August - at the time you filed i-485?

or, What was your immigration status at the time you filled I-485?

I was in valid F1 status when I filed the application. my study was ended after i received the A09 card. on the denial letter it says i can file i290b for a motion to reconsider or reopen. Which one should i choose? whats the difference between the two options?

[FayDu 0]

Was your PD current when you applied to adjust?

I said i still am at the interview. But the truth is i am not anymore. i just didnt know it. that is what iam going to explain. But i dont know in what way. would the i290b and an explanation letter be acceptable?

Was your PD current when you applied to adjust?

what you you mean by PD? I thought you meant CCP membership

[JRF 117]

Could have been worse, she could have been a Republican.

Not cool to pontificate on issues you have no clue about.

To the OP, a timeline would help, especially as you are not familiar with the process, otherwise it is a guessing game.

Agree...not cool at all.

[JRF 117]

My husband is a permanent resident. He filed the i130 for me and i filed the i485 in August 2013. But in the interview a week ago, i said i am a CCP member. While the fact is i am not since my college graduation in 2009 because i didnt take part in any CCP activities since then. I wrote an explanation letter to the USCIS office a day after the interview to explain that I did join the CCP because i want to win scholarships and a better chance for job. And i am not a member any longer. i guess they didnt read the letter before they sent out the denial.

and in the denial letter they said my F1 status was expired and i should arrange to leave the States. i ampregnant and i dont want to leave my husband. what should i do now? apply for reopen or reconsideration? will i be forced to leave the States?

OP, as you are aware being a member of the communist party makes you inadmissible to the United States. Exceptions and waivers exist, which you should research. That said you need to be careful that you answered any questions with regard to membership truthfully when applying for previous visas. If you were asked about prior membership and you lied you have serious problems.

You state that you are no longer a member - this is relevant if you can prove your membership was cancelled five years prior. From the sounds of what you wrote this is not the case.

From experience (and I do have experience in this general situation) you need to better understand US laws and regulations, as well as exactly what you filed and when. Claiming ignorance of dates, etc. won't help at all...you need to get your paperwork and approach organized and quickly.

This is a serious situation. You may want to consider legal assistance. Furthermore, there are resources you can find on the internet for CCP type issues relative to US visas.

Best of luck.

[FayDu 0]

OP, as you are aware being a member of the communist party makes you inadmissible to the United States. Exceptions and waivers exist, which you should research. That said you need to be careful that you answered any questions with regard to membership truthfully when applying for previous visas. If you were asked about prior membership and you lied you have serious problems.

You state that you are no longer a member - this is relevant if you can prove your membership was cancelled five years prior. From the sounds of what you wrote this is not the case.

From experience (and I do have experience in this general situation) you need to better understand US laws and regulations, as well as exactly what you filed and when. Claiming ignorance of dates, etc. won't help at all...you need to get your paperwork and approach organized and quickly.

This is a serious situation. You may want to consider legal assistance. Furthermore, there are resources you can find on the internet for CCP type issues relative to US visas.

Best of luck.

Thank you very much. the party branch can certify that i haven't taken part in activities for five years. Iam waiting for the certificate and will Then submit it with a motion for reopen and reconsideration. This is my last draw.

[NikLR 13,231]

Can you appeal? I thought that was the bad part about AOS, you cannot appeal a decision. That would mean you have to leave the country and apply from without.

[Ban Hammer 13,469]

over half a dozen posts removed for thread hijacking, personal insults, or for quoting those posts.
one member has been thread banned and additional admin action taken.

please focus on answering the op's question and do not bicker any further.

[aaron2020 11,651]

I said i still am at the interview. But the truth is i am not anymore. i just didnt know it. that is what iam going to explain. But i dont know in what way. would the i290b and an explanation letter be acceptable?

what you you mean by PD? I thought you meant CCP membership

PD = Priority Date

Your PD must be current in order for you to adjust.

When did your LPR husband file the I-130?

When in August 2013 did you file to adjust?

Lots of speculations about CCP membership when OP stated that USCIS denied based on being out of status.