i-485 denied based on priority date

[tomal.web 0]

My F2A i-485 for my spouse was denied because of priority date. But I want to know whether this decision was right or not.

My priority date was Sep, 12 2014. I filed i-485 on October 2015.

USCIS has rejected my i485 after interview based on the reason that visa number was not available based on October 2015 filing.

http://tinypic.com/r/2eaqtfb/9

http://i68.tinypic.com/1iijbd.jpg

I filed in October 2015 based on Section B of USCIS Visa bulletin of October 2015. Based on that visa bulletin, my cut off date for application was March 01, 2015

https://www.uscis.gov/visabulletin-oct-15

Please tell me whether this rejection was valid or not? Should I filed motion for re-open the file or file a new i-485?

[aaron2020 11,651]

The NVC may have an out. You may apply for AOS only "following receipt of notification from the NVC containing detailed instructions." If you haven't been notified by the NVC that you can submit the required documents, then you would have to wait until you do.

Applicants for immigrant visas who have a priority date earlier than the cut-off date in the chart below may assemble and submit required documents to the Department of State’s National Visa Center, following receipt of notification from the National Visa Center containing detailed instructions.

[tomal.web 0]

The NVC may have an out. You may apply for AOS only "following receipt of notification from the NVC containing detailed instructions." If you haven't been notified by the NVC that you can submit the required documents, then you would have to wait until you do.

Applicants for immigrant visas who have a priority date earlier than the cut-off date in the chart below may assemble and submit required documents to the Department of State’s National Visa Center, following receipt of notification from the National Visa Center containing detailed instructions.

Hi, my spouse is within USA and we filed adjustment of status with USCIS. For this case, NVC does not matter. But yes I did get the notification still from NVC to submit the documents.

I am simply not getting why this i-485 was rejected.

[arken 4,197]

You might wanna arrange for a info pass appointment. Since it was all new during that time, may be several reviewing officers were not completely aware of the new filing dates even though USCIS had also used the state deparment's filing dates at that time.

[tomal.web 0]

You might wanna arrange for a info pass appointment. Since it was all new during that time, may be several reviewing officers were not completely aware of the new filing dates even though USCIS had also used the state deparment's filing dates at that time.

Is my interpretation of those new filing dates are right? Because my priority date is earlier than those cut off dates? Or is my English knowledge wrong? I am totally baffled they gave this decision and I cant believe they do not know what is in that Visa Bulletin. My mind is devasted now when I got this letter.

[NikLR 13,227]

Based on this, you need to have filed before the date stated to be able to AOS

https://www.uscis.gov/visabulletin-may-16

So this is a) dependent on country but b) not possible for your spouse to AOS unless your priority date is at least before 01 NOV 2014.

It looks like it is, since it's SEPT, but if your spouse is from Mexico then that date changes to August.

~~moved to AOS from tourist, work, and student visas from bringing family members of LPR. OP is trying to adjust status, not chase a visa.~~

Edited May 14, 2016 by NLR

[tomal.web 0]

Based on this, you need to have filed before the date stated to be able to AOS

https://www.uscis.gov/visabulletin-may-16

So this is a) dependent on country but b) not possible for your spouse to AOS unless your priority date is at least before 01 NOV 2014.

It looks like it is, since it's SEPT, but if your spouse is from Mexico then that date changes to August.

~~moved to AOS from tourist, work, and student visas from bringing family members of LPR. OP is trying to adjust status, not chase a visa.~~

Yes but I filed in October 2015. Based on the letter they gave me, they quoted the October 2015 visa bulletin dates. My wife is not from those other countries so the general cut off dates apply.

[Elf 146]

I think this may be the source of the confusion.

Here's the revised October 2015 Visa Bulletin. Under the first section, Statutory Numbers, it says:

Unless otherwise indicated in this bulletin, individuals seeking to file applications for adjustment of status with U.S. Citizenship and Immigration Services (USCIS) in the Department of Homeland Security must use the “Application Final Action Dates” charts below for determining when they can file such applications. This bulletin may indicate the ability for such individuals to instead use the “Dates for Filing Visa Applications” charts, when USCIS determines that there are more immigrant visas available for the fiscal year than there are known applicants for such visas.

The priority date for F2A applications in the "Application Final Action Dates" chart in that bulletin is, as USCIS said in the rejection notice, April 15 2014.

The priority date for F2A applications in the "Dates for Filing Visa Applications" chart in that bulletin is, as you said, March 01 2015.

The rule mentioned above is that "Unless otherwise indicated in this bulletin, individuals seeking to file applications for adjustment of status with U.S. Citizenship and Immigration Services (USCIS) in the Department of Homeland Security must use the “Application Final Action Dates” charts below for determining when they can file such applications".

There is a note in the October 2015 bulletin that reads

*NOTE: For October, F2A numbers EXEMPT from per-country limit are authorized for issuance to applicants from all countries with priority dates earlier than 01MAR14. F2A numbers SUBJECT to per-country limit are authorized for issuance to applicants chargeable to all countries EXCEPT MEXICO with priority dates beginning 01MAR14 and earlier than 15APR14.

So it appears that USCIS is correct: the cutoff date in October 2015 for the F2A category was 15 Apr 2014, and your I-485 application was based on an I-130 with a priority date of 12 Sep 2014.

But there is another note in the October 2015 Visa Bulletin that says

USCIS has determined that this chart may be used (in lieu of the chart in paragraph 4.A.) this month for filing applications for adjustment of status with USCIS.

BUT, as aaron2020 pointed out, that section also says

Applicants for immigrant visas who have a priority date earlier than the cut-off date in the chart below may assemble and submit required documents to the Department of State’s National Visa Center, following receipt of notification from the National Visa Center containing detailed instructions.

These instructions are exasperatingly unclear (even to a native English speaker) but seem to suggest (again, as aaron2020 mentioned above) that applications can only be filed based on the dates in that second chart "following receipt of notification from the National Visa Center containing detailed instructions." They don't give any hint about what those instructions might involve or which applicants might receive them.

I do think that the "Dates for Filing Applications" chart is very badly named, and will inevitably cause significant confusion and result in many people filing too early.

Edited May 14, 2016 by Elf

[arken 4,197]

I think this may be the source of the confusion.

Here's the revised October 2015 Visa Bulletin. Under the first section, Statutory Numbers, it says:

The priority date for F2A applications in the "Application Final Action Dates" chart in that bulletin is, as USCIS said in the rejection notice, April 15 2014.

The priority date for F2A applications in the "Dates for Filing Visa Applications" chart in that bulletin is, as you said, March 01 2015.

The rule mentioned above is that "Unless otherwise indicated in this bulletin, individuals seeking to file applications for adjustment of status with U.S. Citizenship and Immigration Services (USCIS) in the Department of Homeland Security must use the “Application Final Action Dates” charts below for determining when they can file such applications".

There is a note in the October 2015 bulletin that reads

So it appears that USCIS is correct: the cutoff date in October 2015 for the F2A category was 15 Apr 2014, and your I-485 application was based on an I-130 with a priority date of 12 Sep 2014.

I do think that the "Dates for Filing Applications" chart is very badly named, and will inevitably cause significant confusion and result in many people filing too early.

the link you provided is for NVC not for USCIS. On the same link you provided, it says for Adjustment of Status with USCIS, follow uscis visa bulletin at

https://www.uscis.gov/visabulletin-oct-15

where cut off date is 1 Mar 15 for applying AOS which is the second table of your link. So USCIS is wrong in denying the OP's petition. The OP should make an info pass appointment, print those uscis oct visa bulletin table and discuss with them in person.

[bkp51 2]

I am no expert here but here is what I think. I also fall under F2A, yesterday, in my AoS interview officer want to double check the priority date before he approve case. We also stuck here. My PD is 05/14/2014 and filled AOS in Nov 2015.

1 Mar 2015 is for NVC filing, which has nothing to do with USCIS i-485. it says in "Date for filing Application" para. So it seams that your priority date was not current at the time of filling.

Did officer reject after interview or you received website update for it? Now, I am double checkin my dates.

[arken 4,197]

I am no expert here but here is what I think. I also fall under F2A, yesterday, in my AoS interview officer want to double check the priority date before he approve case. We also stuck here. My PD is 05/14/2014 and filled AOS in Nov 2015.

1 Mar 2015 is for NVC filing, which has nothing to do with USCIS i-485. it says in "Date for filing Application" para. So it seams that your priority date was not current at the time of filling.

Did officer reject after interview or you received website update for it? Now, I am double checkin my dates.

FYI

This is Oct Visa bulletin used by USCIS which clearly says the dates for filing family-sponsored Adjustment of Status.

October 2015

Note: This bulletin supersedes the bulletin for October 2015 that was originally published on September 9, 2015.

Dates for Filing Family-Sponsored Adjustment of Status Applications Family-Sponsored

All Chargeability Areas Except Those Listed CHINA - mainland born INDIA MEXICO PHILIPPINES

F1 01MAY09 01MAY09 01MAY09 01APR95 01SEP05

F2A 01MAR15 01MAR15 01MAR15 01MAR15 01MAR15

F2B 01JUL10 01JUL10 01JUL10 01JAN96 01JAN05

F3 01APR05 01APR05 01APR05 01MAY95 01AUG95

F4 01FEB04 01FEB04 01FEB04 01MAY98 01JAN93

Edited May 14, 2016 by arken

[arken 4,197]

My F2A i-485 for my spouse was denied because of priority date. But I want to know whether this decision was right or not.

My priority date was Sep, 12 2014. I filed i-485 on October 2015.

USCIS has rejected my i485 after interview based on the reason that visa number was not available based on October 2015 filing.

http://tinypic.com/r/2eaqtfb/9

http://i68.tinypic.com/1iijbd.jpg

I filed in October 2015 based on Section B of USCIS Visa bulletin of October 2015. Based on that visa bulletin, my cut off date for application was March 01, 2015

https://www.uscis.gov/visabulletin-oct-15

Please tell me whether this rejection was valid or not? Should I filed motion for re-open the file or file a new i-485?

However looking back at your snaps of rejection letter, while USCIS has accepted your AOS application, it should not have arranged for your interview at this time. Your interview should have been arranged only after your priority date become current (final action cut off dates and not the filing datges) the same way NVC schedules interview only after priority dates becomes current even though they ask for documents based on the filing dates. USCIS cannot issue you a GC unless your priority date become current which is the final action cut off dates. The filing dates is for filing AOS only not for giving out the GC.

USCIS made a mistake by scheduling your inteview and and now you are paying the price for it.

Edited May 14, 2016 by arken

[bkp51 2]

FYI

This is Oct Visa bulletin used by USCIS which clearly says the dates for filing family-sponsored Adjustment of Status.

October 2015

Note: This bulletin supersedes the bulletin for October 2015 that was originally published on September 9, 2015.

Dates for Filing Family-Sponsored Adjustment of Status Applications Family-Sponsored All Chargeability Areas Except Those Listed CHINA - mainland born INDIA MEXICO PHILIPPINES F1 01MAY09 01MAY09 01MAY09 01APR95 01SEP05 F2A 01MAR15 01MAR15 01MAR15 01MAR15 01MAR15 F2B 01JUL10 01JUL10 01JUL10 01JAN96 01JAN05 F3 01APR05 01APR05 01APR05 01MAY95 01AUG95 F4 01FEB04 01FEB04 01FEB04 01MAY98 01JAN93

B. DATES FOR FILING FAMILY-SPONSORED

VISA APPLICATIONS

The chart below reflects dates for filing visa applications within a timeframe justifying immediate action in the application process. Applicants for immigrant visas who have a priority date earlier than the cut-off date in the chart below may assemble and submit required documents to the Department of State’s National Visa Center, following receipt of notification from the National Visa Center containing detailed instructions. The cut-off date for an oversubscribed category is the priority date of the first applicant who cannot submit documentation to the National Visa Center for an immigrant visa. If a category is designated “current,” all applicants in the relevant category may file applications, regardless of priority date.

- Copied from

https://travel.state.gov/content/visas/en/law-and-policy/bulletin/2016/visa-bulletin-for-november-2015.html

That particular does not says about USCIS AOS, only point to NVC.

[bkp51 2]

However looking back at your snaps of rejection letter, while USCIS has accepted your AOS application, it should not have arranged for your interview. They cannot issue you a GC unless your priority date become current which is the final action cut off dates. The filing dates is for filing AOS only not for giving out the GC.

Agreed here. IF PD is not current they should not cashed check here.

By mistake I applied i-485 with i-130, and they reject my case sent all documents back with rejection notice.

[arken 4,197]

B. DATES FOR FILING FAMILY-SPONSORED

VISA APPLICATIONS

The chart below reflects dates for filing visa applications within a timeframe justifying immediate action in the application process. Applicants for immigrant visas who have a priority date earlier than the cut-off date in the chart below may assemble and submit required documents to the Department of State’s National Visa Center, following receipt of notification from the National Visa Center containing detailed instructions. The cut-off date for an oversubscribed category is the priority date of the first applicant who cannot submit documentation to the National Visa Center for an immigrant visa. If a category is designated “current,” all applicants in the relevant category may file applications, regardless of priority date.

- Copied from

https://travel.state.gov/content/visas/en/law-and-policy/bulletin/2016/visa-bulletin-for-november-2015.html

That particular does not says about USCIS AOS, only point to NVC.

You forgot to read the first and second paragraphs of the visa bulletin in the link you provided.In that paragraph it tell you to go to uscis website for Adjustment of status applicants

copied from

https://travel.state.gov/content/visas/en/law-and-policy/bulletin/2016/visa-bulletin-for-october-2015.html

A. STATUTORY NUMBERS

This bulletin summarizes the availability of immigrant numbers during October for: “Application Final Action Dates” (consistent with prior Visa Bulletins) and “Dates for Filing Applications,” indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center.

Unless otherwise indicated on the USCIS website atwww.uscis.gov/visabulletininfo, individuals seeking to file applications for adjustment of status with U.S. Citizenship and Immigration Services (USCIS) in the Department of Homeland Security must use the “Application Final Action Dates” charts below for determining when they can file such applications. When USCIS determines that there are more immigrant visas available for the fiscal year than there are known applicants for such visas, USCIS will state on its website that applicants may instead use the "Dates for Filing Visa Applications" charts in this Bulletin. Applicants for adjustment of status may refer to USCIS for additional information by visitingwww.uscis.gov/visabulletininfo.