F1 filed AOS received interview before Priority date case was DENIED due to USCIS error

[Lovelynyc 0]

Hello all,

I am new here but following for a while please i need guidence for a very unique case.

I am on a F1 visa- i saw on the new visa bulletin in october 2015 filing application date made me eligible to apply. ( My priority date is aug03 2009.

I applied to adjust my status.

I have done all fingerprints, recently i was given an interview which i went and the immigration officer said my file was perfect no problems just wait for a decision letter.( i thought it was strange i would recieve an interview before my priority became current but since it will be current may 1st according to the visa bulletin i assumed it was nice). However within three days i was mailed a letter of denial! The letter had nothing but flaws and errors it was a template that read i could of been denied for any of the following reasons unlawful presence, unauthorized employment and not admissible to the US.basically the grounds for dismissal are all incorrect. The only issue i could fine is my priority date is not current. But that is not on my error i applied when i was eligible to but they gave me an appointment before my priority date.

I have contacted nvsc several occasions all of which said it sounds as if the letter has errors and the IM may have not been aware of the new filing law. They also advised i file i290b and make an infopass app.

The infopass app is in 2 weeks. We also spoke with a lawyer who stated i have no reason to worry and it is in error.

Did anyone else go through this problem or can advise me what to do incase the IO at the infopass wont reverse the denial.

My lawyer also advised against the i290b because it takes months to process and is an additional fee of $600+ , she also said i should refile i485 day after info pass worst case scenario.

I am going to be out of status soon please someone help

[Hypnos 6,576]

You may also wish to contact the DHS Ombudsman: https://cisomb.dhs.gov/oca/form7001.aspx

[Lovelynyc 0]

Thank you i will be also doing that, it says i should wait until i have my infopass app before hand, should i wait to see if it can resolved at infopass or just do it now?

[Hypnos 6,576]

I would probably do it now, because you're probably going to be waiting a few weeks for a reply from the Ombudsman anyway.

It's really up to you, though.

[Lovelynyc 0]

HI all I just wanted to give you an update on my case, it was finally re opened and then approved . I now have my Greencard! Thank you everyone who helped :-) and I wish everyone good luck and success on their applications :-)