I-485 (AOS) denied under F2A due to USCIS error

[piff 46]

I have seen a number of denials by USCIS for F2A applicants based on the "wrong" priority date even though USCIS has listed the dates for Dates for Filing Visa Applications.

Is there anything we can do to prevent it or does anyone have updates regarding what was done and what the outcomes were?

Should those decisions be appealed or any other ideas?

[EM_Vandaveer 2,417]

Final action dates need to be used for AOS. AOS is NOT a visa application.

[newacct 688]

Final action dates need to be used for AOS. AOS is NOT a visa application.

Which date to use for AOS is decided on a monthly basis and is published here. From October 2015 to April 2016, Date for Filing was used. From May 2016 to now, Final Action Date was used. So it depends on when the person filed AOS.

[EM_Vandaveer 2,417]

Which date to use for AOS is decided on a monthly basis and is published here. From October 2015 to April 2016, Date for Filing was used. From May 2016 to now, Final Action Date was used. So it depends on when the person filed AOS.

You are right, of course.

[piff 46]

Final action dates need to be used for AOS. AOS is NOT a visa application.

Excuse me? AOS application is the I-485 application.

so I have seen a number of threads where people complained that they applied with the right PD but USCIS still denied their application based on the priority date. I was wondering what the best option in this case is. Appeal it? Re-apply? Still have to pay if if one tries to appeal it!?

[Rc123rc 528]

Excuse me? AOS application is the I-485 application.

so I have seen a number of threads where people complained that they applied with the right PD but USCIS still denied their application based on the priority date. I was wondering what the best option in this case is. Appeal it? Re-apply? Still have to pay if if one tries to appeal it!?

Maybe there is a definition confusion. I-485 AOS is "Adjustment of Status" or Green Card Application. It's not a Visa application to come to the United States.

I-485, Application to Register Permanent Residence or Adjust Status

[piff 46]

Maybe there is a definition confusion. I-485 AOS is "Adjustment of Status" or Green Card Application. It's not a Visa application to come to the United States.

I-485, Application to Register Permanent Residence or Adjust Status

Correct, I know that. Still not understanding where the visa application came from. I was talking about AOS in the original post. It's either AOS or a consular processing for an immigrant visa to come here. Anything I am missing?

[arken 4,197]

What's your PD? Like others said, USCIS was using "Dates for Filing" table from Oct 2015 to May 2016 only. Since May 2016, it is using table of "Final Action Date" which as of now is 15Nov2016. Only if you had filed for AOS before May 2016 using the "Dates for Filing" table and USCIS rejected your application, then you may appeal. Anyone filing for AOS thereafter cannot use "Dates of Filing" table.

Even in those cases, they were not denied, they were rejected which means USCIS returned the whole package along with the fee.

[piff 46]

I am a GCH, just for my spouse - OCT 13, 2015. Desperately waiting for USCIS to accept the dates in October.

Look below - I was discussing these issues:

http://www.visajourney.com/forums/topic/592590-f2a-485-aos-denied-need-help/

http://www.visajourney.com/forums/topic/598173-f2a-with-current-pd-in-us-currently-processing-aos-ap-and-ead/

[arken 4,197]

Correct, I know that. Still not understanding where the visa application came from. I was talking about AOS in the original post. It's either AOS or a consular processing for an immigrant visa to come here. Anything I am missing?

"Dates of Filing" cannot be used for AOS as of now or since May 2016, it is to be used by NVC only to start the visa application process . That's how the visa application came from.

[EM_Vandaveer 2,417]

I have seen a number of denials by USCIS for F2A applicants based on the "wrong" priority date even though USCIS has listed the dates for Dates for Filing Visa Applications.

Is there anything we can do to prevent it or does anyone have updates regarding what was done and what the outcomes were?

Should those decisions be appealed or any other ideas?

Your own post mentioned Dates for Filing Visa Applications. Like other have said, since May 2016 those dates cannot be used for Adjutment of Status.

[piff 46]

Most of them applied from October to March and got denied because of the "wrong" priority date... USCIS just keeps making mistakes...?

[EM_Vandaveer 2,417]

Most of them applied from October to March and got denied because of the "wrong" priority date... USCIS just keeps making mistakes...?

This is total guesswork and I hope someone more knowledgeable will chime in to disprove this if I am wrong:

Is there a chance that the PD has to be current BOTH at the time of filing AND at the time of adjudication?

[piff 46]

This is total guesswork and I hope someone more knowledgeable will chime in to disprove this if I am wrong:

Is there a chance that the PD has to be current BOTH at the time of filing AND at the time of adjudication?

if you apply under the AOS dates, then your date has to be current under that category and also you have to be current under Filing Action Dates on the day your application gets approved. A bit convoluted but this is the way it is

[EM_Vandaveer 2,417]

if you apply under the AOS dates, then your date has to be current under that category and also you have to be current under Filing Action Dates on the day your application gets approved. A bit convoluted but this is the way it is

So based on that, are we sure it's all USCIS error in these cases? Or is it possible that it was current when filed but not when it came to be adjudicated?

Although I was under the impression that USCIS would just let those applications remain pending rather than deny them...