my i485 was denied, what should i do?

[john.smith 5]

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.

F2A was current in August and September and she was in valid F1 status at the time she filed i-485, so her i-485 was not denied because of her legal status for sure, but because of something else - she stated the she is/was a member of CCP. Most likely she was denied because of the fact she stated.

[john.smith 5]

as her F1 status expired AND her i485 was denied she fell out of status counting FROM the date of F1 EXPIRATION.

that is why the immigration is telling her to leave the country.

[Mark88 184]

Maybe this will help you:

http://www.visajourney.com/forums/topic/383201-in-adjustment-of-status-from-f1-question-regarding-ccp/

[FayDu 0]

in my case, would an attorney be necessary or i can file the i290b and explain by myself? i am almost desperate.

[Mark88 184]

That will depend on how good you are laying out the law and stating this in your appeal. I'm not a big fan of immigration lawyers since there are a lot of them who know nothing and just take your money, but in your case it could be wise to seek out one. Look for one in the chinese community, maybe where even friends and family had good experiences with.

Edited March 9, 2014 by Mark88

[FayDu 0]

That will depend on how good you are laying out the law and stating this in your appeal. I'm not a big fan of immigration lawyers since there are a lot of them who know nothing and just take your money, but in your case it could be wise to seek out one. Look for one in the chinese community, maybe where even friends and family had good experiences with.

yes. i've found one attorney who has done similar case before. i will schedule for a meeting with him on Monday after i prepared all my documents. Hope God bless me this time.