i-485 denied based on priority date

[bkp51 2]

In bottom of that USCIS Additional Information page link. As per below, F2A applicant can file but only get approval if visa number is available. am I correct interpreting ? (Thats what I was trying to explain before, this time double checking with USCIS website)

****************

New Visa Bulletin Charts

The Visa Bulletin will now have two different charts because of the revised procedures. DOS will post two charts per visa preference category in the DOS Visa Bulletin. The charts are:

• Application Final Action Dates (dates when visas may finally be issued); and
• Dates for Filing Applications (earliest dates when applicants may be able to apply).

When USCIS determines there are immigrant visas available for the filing of additional adjustment of status applications, the Dates for Filing Applications chart may be used to determine when to file an adjustment of status application with USCIS. Otherwise, the Application Final Action Dates chart must be used to determine when to file an adjustment of status application with USCIS. USCIS will determine which chart is effective for the following month approximately one week after DOS publishes and we will post that chart on this page.

In coordination with the DOS, USCIS will monitor visa numbers each month and post the relevant chart on this page under When to File.

[Lovelynyc 0]

I am going through the same situation, as are many other ppl i also filed in october 2015 but was denied days after my interview also. Infopass didnt help because once they deny you they send your file away so they conviniently cant help you unless they have your file infront of them. They just took our money

[arken 4,197]

I think USCIS should have kept your application in pending phase while granting you EAD/AP (if you have applied for those). Your PD allowed you to file for AOS but not to get the GC. They should have scheduled interview only after your PD becomes current. Now it's USCIS fault to schedule your interview. But from USCIS point of view, it's your fault for not letting officer's know at the interview that your interview should not have been scheduled since your PD is not current. It's like when IRS mistakenly refunds you more, you are obligated to return that even if that's IRS' mistake.

I think last month, someone in this VJ said his petition was in F2A category but NVC scheduled his inteview because they put his case in IR1 category. All of us here suggested him to keep calling NVC and the embassy for the confusion and correct the case to F2A rather than appearing for the interview. His visa would have been denied since he was not eligible to be granted a visa even though it was NVC's mistake. He finally sorted it out with NVC to change the case to F2A.

I suggest you make an infopass appointment and request them to put your case in the pending phase and be called for interview only when your PD becomes current because you were called for the interview at this time, you didn't ask for it. At least if they agree you don't have to pay for i485/biometrics fee again. Good luck.

It's a lesson learned for everyone. If we think we are not supposed to get something even though USCIS or State Department is giving you that by mistake, it's our obligation to let them know their mistake and not simply go along with their mistake. At the end of the day, we are the one who is gonna lose, they don't lose in any way.

Edited May 14, 2016 by arken

[Lovelynyc 0]

I dont believe ppl should be penalized for a USCIS error. We followed the rules and applied when given the opportunity to do so, we dis not get to pick and choose when to schedule our appointments . They accepted our applications went through our paperwork and knew all of our PD's. They need to overturn the denials that have been made in error.

[piff 46]

I'm totally on your side! I've done all immigration myself including my own NIW petition. You filed everything properly based on the dates, it's just some untrained personnel that doesn't care about others.

I would contact a local congressman and have him/her submit an inquiry.

Things to remember: you indeed cannot be approved for a green card until your date is current in the first (original) table. Interview can be conducted at any poibt while you are pending, they can recommend you for an approval but won't approve, that's simple.

Also, send a certified letter to the office which made a decision on your case with the proof of priority date for the month when you applied.

I can give you my email if I can be of any further help.

[Joey & NaYa 13]

I think OP has a case and has to schedule Infopass ASAP.

For OCTOBER 2015, they explicitly published a 1ST MARCH 2015 cut-off date for AOS.

I suggest that you print the actual Visa Bulletin for October 2015 and also print the chart from https://www.uscis.gov/visabulletin-oct-15

Take these with you to the infopass.

At least if there was a mistake, they have to accept it was theirs and find a better way to sort you out. You did absolutely nothing wrong.

Assuming you even sent you stuff in November, there was still no change and cutoff was 3/1/2015.

[Joey & NaYa 13]

I think USCIS should have kept your application in pending phase while granting you EAD/AP (if you have applied for those). Your PD allowed you to file for AOS but not to get the GC. They should have scheduled interview only after your PD becomes current. Now it's USCIS fault to schedule your interview. But from USCIS point of view, it's your fault for not letting officer's know at the interview that your interview should not have been scheduled since your PD is not current. It's like when IRS mistakenly refunds you more, you are obligated to return that even if that's IRS' mistake.

I think last month, someone in this VJ said his petition was in F2A category but NVC scheduled his inteview because they put his case in IR1 category. All of us here suggested him to keep calling NVC and the embassy for the confusion and correct the case to F2A rather than appearing for the interview. His visa would have been denied since he was not eligible to be granted a visa even though it was NVC's mistake. He finally sorted it out with NVC to change the case to F2A.

I suggest you make an infopass appointment and request them to put your case in the pending phase and be called for interview only when your PD becomes current because you were called for the interview at this time, you didn't ask for it. At least if they agree you don't have to pay for i485/biometrics fee again. Good luck.

It's a lesson learned for everyone. If we think we are not supposed to get something even though USCIS or State Department is giving you that by mistake, it's our obligation to let them know their mistake and not simply go along with their mistake. At the end of the day, we are the one who is gonna lose, they don't lose in any way.

I agree with you to a large extent. The issue is that being called for an interview doesn't necessarily mean instant approval and production of green card.

An interview can be conducted and petition not approved till after months later.

I don't see how you will think your scheduled interview is wrongly timed unless of course they put you in a wrong category by an obvious error like the example given concerning the F2A mistakenly apportioned as IR1.

I agree though that we have to be on top of all the issues and don't shy from asking questions. The excitement alone would not allow to think along the lines of " why have they scheduled me for interview when a visa is not available to me"

[tomal.web 0]

I agree with you to a large extent. The issue is that being called for an interview doesn't necessarily mean instant approval and production of green card.

An interview can be conducted and petition not approved till after months later.

I don't see how you will think your scheduled interview is wrongly timed unless of course they put you in a wrong category by an obvious error like the example given concerning the F2A mistakenly apportioned as IR1.

I agree though that we have to be on top of all the issues and don't shy from asking questions. The excitement alone would not allow to think along the lines of " why have they scheduled me for interview when a visa is not available to me"

But what fault is mine? I applied based on the cut off dates USCIS mentioned on their website. It is not like I applied it out of my wish and I asked them to schedule this interview on April based on my wish. It was clearly instructed the anyone with priority date earlier than 01 March 2015 can apply and I completely followed their written advice on their website.

They accepted my i-485, issued EAD and advance parole for my wife and had an interview last month based on that i-485 form. They did not even delay the decision. They flat out rejected it after all of these processes. How was I suppose to know my priority date is not current based on those cut off dates?

Now I am an ordinary citizen and I know USCIS may most likely not reverse their decision. I have to take the blame for it. I will talk with them but I can feel everyone will blame me even though they mentioned the cut off dates in written format in their official visa bulletin. I cant fight a federal agency out of my own. I will try to talk with them but right now will probably file a new i 485. Even though they said I can file a motion but I am sure they will say after 6 months or 1 year or 2 years that they are not at fault and things will just go around in circle. My wife and I will have to suffer and start the process again. I see no other way but I will try to talk to them over next 2 weeks.

[Joey & NaYa 13]

But what fault is mine? I applied based on the cut off dates USCIS mentioned on their website. It is not like I applied it out of my wish and I asked them to schedule this interview on April based on my wish. It was clearly instructed the anyone with priority date earlier than 01 March 2015 can apply and I completely followed their written advice on their website.

They accepted my i-485, issued EAD and advance parole for my wife and had an interview last month based on that i-485 form. They did not even delay the decision. They flat out rejected it after all of these processes. How was I suppose to know my priority date is not current based on those cut off dates?

Now I am an ordinary citizen and I know USCIS may most likely not reverse their decision. I have to take the blame for it. I will talk with them but I can feel everyone will blame me even though they mentioned the cut off dates in written format in their official visa bulletin. I cant fight a federal agency out of my own. I will try to talk with them but right now will probably file a new i 485. Even though they said I can file a motion but I am sure they will say after 6 months or 1 year or 2 years that they are not at fault and things will just go around in circle. My wife and I will have to suffer and start the process again. I see no other way but I will try to talk to them over next 2 weeks.

I think most of us agree that you did nothing wrong. From my previous post, my suggestion was that you schedule an Infopass, print the relevant charts and go speak with them. At least they should be able to recognize their mistake; worst case scenario you can re-file with the fees waived.

The post you quoted was my response to a suggestion that you should have let them know a visa wasn't available to you yet so they can't schedule you for interview. I don't think anyone would have done that under the circumstances but maybe questions could have been asked.

[Pitaya 2,577]

~Posting about naturalization, unrelated to this current AOS forum topic moved to more appropriate forum~

Pitaya

VJ Moderation

[tomal.web 0]

yes i am applying again since I dont think they will admit their mistake in appeal process. Waste of $1000 and time.