Adjustment of status not approved

[JFH 12,190]

Why did the stepmother wait so long to petition her? This could have been avoided if the petition had been filed after the marriage. It's water under the bridge now but I'm curious why your stepmother allowed to become out of status and did nothing about it for years. 

 

I also hope that whilst she has been here your sister has not done anything to further complicate her case such as illegal working, voting, falsely claiming to be a USC, etc. 

[SLJ 0]

4 minutes ago, JFH said:

Why did the stepmother wait so long to petition her? This could have been avoided if the petition had been filed after the marriage. It's water under the bridge now but I'm curious why your stepmother allowed to become out of status and did nothing about it for years. 

 

I also hope that whilst she has been here your sister has not done anything to further complicate her case such as illegal working, voting, falsely claiming to be a USC, etc. 

Thanks for your concern. It was a long wait but everything doesn't always happen how it should. She hasn't done anything to complicate her case. Thank God. Thank you. Congrats on your swearing in.

[xyz12345 260]

Can the sister apply for DACA if she was out of status as a minor?

Edited March 31, 2021 by xyz12345

[SLJ 0]

5 minutes ago, xyz12345 said:

Can the sister apply for DACA if she was out of status as a minor?

I guess that is something that we can consider. Thank you

[aaron2020 11,651]

5 minutes ago, xyz12345 said:

Can the sister apply for DACA if she was out of status as a minor?

The sister probably would qualify for DACA.  

 

Filing the I-601a and getting an immigration visa would be the better path.

[SLJ 0]

Just now, aaron2020 said:

The sister probably would qualify for DACA.  

 

Filing the I-601a and getting an immigration visa would be the better path.

yes. Thanks. Based on my understanding the immigrant visa has been approved but has not been assigned to a consulate as yet as they are waiting on USCIS instruction. USCIS denied the adjustment of status , but we have a thirty day window for the next step before they decide on their next steps.

[SLJ 0]

2 hours ago, aaron2020 said:

The objective of the I-601a is to waive her unlawful presence (overstay) so she can qualify for an immigration benefit. 

 

The objective of the I-824 is to transfer her case from USCIS which adjudicates adjustment of status to the NVC which forwards the case to the US Consulate in Juarez for an immigrant visa interview.  Since your sister applied for adjustment of status with USCIS, the NVC may no longer have her case.

 

For the I-601a, your sister would need to show that the US citizen stepparent would suffer an "extreme hardship" if she is not granted the waiver.  You may want to get an attorney to help with this.

 

 

Thank you

[aaron2020 11,651]

11 minutes ago, SLJ said:

yes. Thanks. Based on my understanding the immigrant visa has been approved but has not been assigned to a consulate as yet as they are waiting on USCIS instruction. USCIS denied the adjustment of status , but we have a thirty day window for the next step before they decide on their next steps.

An immigrant visa has not been approved.  Your sister would need to have filed a DS-260 and had a successful immigrant visa interview at a US consulate in order to have an approved immigrant visa.  

 

Has she filed a DS-260 visa application?

 

Are you sure that her case has been assigned to a consulate when she has already applied to adjust status in the US?  

 

When USCIS deny an adjustment of status, they don't send back to the NVC or to a US consulate.  A denial of the AOS ends there at USCIS unless the person takes action to do something else.  USCIS does not provide instructions to a US consulate; it's not their job.

 

USCIS is giving the statutory 30 days to appeal their decision.  The appeal would require showing that USCIS made a mistake in denying the AOS.  USCIS did not make a mistake, so there is no reason to appeal. 

Edited April 1, 2021 by aaron2020

[SLJ 0]

1 minute ago, aaron2020 said:

An immigrant visa has not been approved.  Your sister would need to have filed a DS-260 and had a successful immigrant visa interview at a US consulate in order to have an approved immigrant visa.  

 

Has she filed a DS-260 visa application?

 

Are you sure that her case has been assigned to a consulate when she has already applied to adjust status in the US?  

 

When USCIS deny an adjustment of status, they don't send back to the NVC or to a US consulate.  A denial of the AOS ends there at USCIS unless the person takes action to do something else.

Yes. They approved biometrics and the visa. We actually applied for the adjustment of status after realising that her case was assigned to her home country. We were not aware of the adjustment of status process until we received that document. Upon realising that her case was assigned to her home country, we had to call and place a halt on it , then we submitted the adjustment of status which has been denied. I am not sure what a DS-260 visa application is.

Just now, SLJ said:

Yes. They approved biometrics and the visa. We actually applied for the adjustment of status after realising that her case was assigned to her home country. We were not aware of the adjustment of status process until we received that document. Upon realising that her case was assigned to her home country, we had to call and place a halt on it , then we submitted the adjustment of status which has been denied. I am not sure what a DS-260 visa application is. In effect her case was at the final stages before the interview.

 

 

[aaron2020 11,651]

Just now, SLJ said:

Yes. They approved biometrics and the visa. We actually applied for the adjustment of status after realising that her case was assigned to her home country. We were not aware of the adjustment of status process until we received that document. Upon realising that her case was assigned to her home country, we had to call and place a halt on it , then we submitted the adjustment of status which has been denied. I am not sure what a DS-260 visa application is.

You need to get a lawyer.  

 

If your sister has never left the US after overstaying, then there is NO WAY that she had a visa interview at a US consulate abroad.  Therefore, there is NO WAY that she has an approved immigration visa.

 

The DS-260 is the REQUIRED immigration visa application.  Without one, there is NO WAY that your sister got an immigration visa.

 

YOU NEED A LAWYER.  Your sister has already filed for an adjustment of status when she clearly did not qualify.  The more mistakes you make, the worse this will become and the longer it will take for your sister to get a green card.

[SalishSea 17,833]

6 minutes ago, SLJ said:

Yes. They approved biometrics and the visa.

So she had an interview in her country?

[SLJ 0]

1 minute ago, aaron2020 said:

You need to get a lawyer.  

 

If your sister has never left the US after overstaying, then there is NO WAY that she had a visa interview at a US consulate abroad.  Therefore, there is NO WAY that she has an approved immigration visa.

 

The DS-260 is the REQUIRED immigration visa application.  Without one, there is NO WAY that your sister got an immigration visa.

 

YOU NEED A LAWYER.  Your sister has already filed for an adjustment of status when she clearly did not qualify.  The more mistakes you make, the worse this will become and the longer it will take for your sister to get a green card.

Correct. She has not left, she has never had an interview but the case was assigned to her home country based on documentation received. We will contact a lawyer. Thank you.

[SLJ 0]

1 minute ago, Jorgedig said:

So she had an interview in her country?

No. Misunderstanding. At the final stages  for interview to be scheduled but it was halted as we filed the adjustment of status

[SalishSea 17,833]

Just now, SLJ said:

No. Misunderstanding. At the final stages  for interview to be scheduled but it was halted as we filed the adjustment of status

Therefore, she was not approved for a visa.

[SLJ 0]

Just now, Jorgedig said:

Therefore, she was not approved for a visa.

Correct but at the final stages