I-485 Denied (EB3)

[Trinh Ngo 0]

Hi all. First of all please excuse my English as it's my second language. Basically my I-485 application was denied on 3/18 for what USCIS deemed as failure to maintain continuously lawful status. My OPT on F-1 visa ended on 04/23/18, and during 60 day grace period window, I got my new I-20 on 05/17/18 with start date of 08/13/18. I remained in the US the whole time. Now USCIS comes back with their reasoning that the period from 07/03/18 (a day after the expiration of the 60 day) to 08/12/18 (a day before school started) was unlawful. I'm going to file a motion through a lawyer but just want to know if this can be reconsidered based on the fact that I didn't know and this was on the school's part (my then advisor was absolutely clueless!) Any inputs will be much appreciated. 

[Trinh Ngo 0]

Here's the second part. I just noticed that their date was not correct (8/12/20).

[Family 4,000]

Read through database of I-290 B decisions ( AAO administrative appeals office ) , look for  the 2 sec cited on your pg 1 ( reason for denial).. you will find how applicants make arguments and can anticipate USCIS position..

[Boiler 45,541]

My thought was how were you able to obtain F1 status in the US when you were out of status

[carmel34 3,634]

2 hours ago, Trinh Ngo said:

I'm going to file a motion through a lawyer but just want to know if this can be reconsidered based on the fact that I didn't know and this was on the school's part (my then advisor was absolutely clueless!)

Your rationale is not likely to fly with a motion via I-290B, because the I-485 denial was not an error by USCIS.  You are fully responsible for knowing the terms of your visa, dates of expiration, being out of status, etc.  What is your attorney suggesting as the basis for the I-290B?  Saying you didn't know or blaming the advisor will likely not work.  I deal with foreign students every day (university administration), and I have never seen a successful motion to appeal in such circumstances.  You can try of course, and hope for the best.  An experienced attorney may be able find an angle that is based on USCIS error.  Good luck!

[arken 4,197]

Deleted to revise.

Edited March 27, 2022 by arken

[arken 4,197]

When you got the new i20 from the new school, did you

1. Go through the transfer out process with your current and new school to transfer Sevis?

OR 

2. just got an entirely new initial i20 from your new school?
 

If 1, you were in legal status. You can file the motion by providing all documentation of transfer out process.

 

If 2, you were not in legal status after the grace period expiry. You have no basis for filing the motion.

Edited March 27, 2022 by arken

[Trinh Ngo 0]

3 hours ago, Boiler said:

My thought was how were you able to obtain F1 status in the US when you were out of status

 I got my acceptance letter before my OPT ended

Edited March 27, 2022 by Trinh Ngo

[Trinh Ngo 0]

55 minutes ago, arken said:

When you got the new i20 from the new school, did you

1. Go through the transfer out process with your current and new school to transfer Sevis?

OR 

2. just got an entirely new initial i20 from your new school?
 

If 1, you were in legal status. You can file the motion by providing all documentation of transfer out process.

 

If 2, you were not in legal status after the grace period expiry. You have no basis for filing the motion.

 

I did go through the transfer out process before my OPT ended. My I-20 number remained the same.

Edited March 27, 2022 by Trinh Ngo

[Demise 1,289]

22 hours ago, Trinh Ngo said:

Hi all. First of all please excuse my English as it's my second language. Basically my I-485 application was denied on 3/18 for what USCIS deemed as failure to maintain continuously lawful status. My OPT on F-1 visa ended on 04/23/18, and during 60 day grace period window, I got my new I-20 on 05/17/18 with start date of 08/13/18. I remained in the US the whole time. Now USCIS comes back with their reasoning that the period from 07/03/18 (a day after the expiration of the 60 day) to 08/12/18 (a day before school started) was unlawful. I'm going to file a motion through a lawyer but just want to know if this can be reconsidered based on the fact that I didn't know and this was on the school's part (my then advisor was absolutely clueless!) Any inputs will be much appreciated. 

Yeah motion and argue that even if this is the case 245(k) should cover you.

Alternatively if you are currently out of status, file I-824, leave, and do consular processing. The 60 days of grace period shouldn't count towards re-entry bars due to how F-1 overstays work, so you should have 180 days to leave.

[Trinh Ngo 0]

It's been more than six months (I-290B filed, receipt date 04/04/22) and I've not had any updates on my case. I already requested case status update, was given a referral number and heard nothing since then. If anyone had experience with getting help from the Senator office, can you please share?

[Boiler 45,541]

4 minutes ago, Trinh Ngo said:

It's been more than six months (I-290B filed, receipt date 04/04/22) and I've not had any updates on my case. I already requested case status update, was given a referral number and heard nothing since then. If anyone had experience with getting help from the Senator office, can you please share?

What did the Lawyer say?

[Trinh Ngo 0]

After 240 days of waiting on the I-290B, I got this update on my I-485 today. Does that mean they reopen my I-485? My I-290B status remains "Case was received and receipt notice was sent" though. If in fact my I-485 is reopened, it looks like the clock's set back