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BarberHauler

I-290B by I-485 denied (I-140 NIW approved)

By BarberHauler in Adjustment of Status from Work, Student, & Tourist Visas

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BarberHauler Newbie

BarberHauler   1

Posted
Filed: EB-2 Visa Country: Argentina
 Timeline
Posted

Hi Everyone,

 

Thank you for reading my letter.

 

Since 2020 I have been going through the GC process.
I have the I-140 NIW approved in 2023.


We have been denied (along with my family) the I-485, with no way to defend the case and based on a denial of an I-601 that I never received and is listed as pending.


I filed an I-290B for myself only (which includes my family) 10 months ago (may2024), and I have not heard anything from uscis.
I am asking please if you can give me any suggestions on how to move our case.

 

Thank you again.

 

appleblossom Experienced

appleblossom   3,453

Posted
Filed: EB-1 Visa Country: United Kingdom
 Timeline
Posted (edited)
2 hours ago, BarberHauler said:

Hi Everyone,

 

Thank you for reading my letter.

 

Since 2020 I have been going through the GC process.
I have the I-140 NIW approved in 2023.


We have been denied (along with my family) the I-485, with no way to defend the case and based on a denial of an I-601 that I never received and is listed as pending.


I filed an I-290B for myself only (which includes my family) 10 months ago (may2024), and I have not heard anything from uscis.
I am asking please if you can give me any suggestions on how to move our case.

 

Thank you again.

 

 

More info would be needed to help. EB-2 or EB-2 NIW? You say I-601 that you never received, but when did you apply for that? When were you denied? What is your current visa status?

Edited by appleblossom
randomstairs Community Regular

randomstairs   314

Posted
Filed: Citizen (apr) Timeline
Posted
3 hours ago, BarberHauler said:

Hi Everyone,

 

Thank you for reading my letter.

 

Since 2020 I have been going through the GC process.
I have the I-140 NIW approved in 2023.


We have been denied (along with my family) the I-485, with no way to defend the case and based on a denial of an I-601 that I never received and is listed as pending.


I filed an I-290B for myself only (which includes my family) 10 months ago (may2024), and I have not heard anything from uscis.
I am asking please if you can give me any suggestions on how to move our case.

 

Thank you again.

 

You'll need a lawyer for that. What was the basis for the inadmissibility? 

03/04/2016 AOS (EB2-NIW concurrent with I-485) mailed to Lewisville TX Lockbox
03/07/2016 AOS delivered to USCIS and signed
03/12/2016 Case received by Nebraska Service Center (NSC)
03/14/2016 Text notification received for I-140/I-485/I-765/I-131.
04/08/2016 Biometrics notice received for 04/21
04/13/2016 Biometrics early walk-in completed.
04/15/2016 EAD/AP combo card received in mail.

 

Long wait begins...

 

11/04/2016 I-140/485 cases transferred from Nebraska to TCS
12/01/2016 Prepared package for EAD/AP renewal (expires 04/09/2017)
12/23/2016 USCIS suddenly changes several forms, invalidating my EAD/AP renewal package (not yet sent)
12/27/2016 USCIS suddenly reforms the entire NIW criteria system, replacing a 20 years old one. Uncharted waters. 
01/07/2017 (Saturday!) EAD/AP renewal package with new forms received in Phoenix "reception desk"
01/17/2017 EAD/AP renewal case accepted; text/email with receipt numbers was received
01/30/2017 Law firm finally confirms that USCIS has suspended processing all EB2-NIW cases due to new criteria. 
02/23/2017 USCIS slowly starts adjudicating NIW cases again.
04/21/2017 Extended EAD/AP received in mail. Valid for 2 years. 
05/06/2017 Received a massive RFE on I-140 NIW case.
07/20/2017 RFE response received by USCIS (a very long response with 30 pages of docs)
09/14/2017 I-140 NIW approved!!! 
11/28/2017 RFE for new medical issued (plus another request re Supp J for employment which is clearly issued in error)
12/04/2017 RFE received in mail
12/07/2017 repeated medical exam for I-485
12/08/2017 Attorney receives documents for responding to I-485 RFE
12/21/2017 Response to RFE received by USCIS 
02/09/2018 I-485 approval (text, email) :)
02/08/2018 I-485 approval notice issued (the "welcome letter") - I'm LPR now
02/16/2018 Green card received
 
11/14/2022 Filed N-400 online; receipt and biometrics reuse form received online
03/07/2023 N-400 Interview scheduled 
04/xx/2023 N-400 approved, same-day Oath ceremony completed. I'm a US citizen.
05/xx/2023 US passport in hand

 

BarberHauler Newbie

BarberHauler   1

Posted
Filed: EB-2 Visa Country: Argentina
 Timeline
  • Author
Posted

Hi @appleblossom

EB2 NIW. I never received the  denial receipt I797 of the I-601, USCIS informed us about that through the denied I485. I applied for the I601 16 months ago. I485 denied 10 months ago. Visa expired during AOS.

Hope that helps. Thank you

Boiler Grand Master

Boiler   46,415

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Who is the qualifying relative for the I 601?

 

Is this DIY or do you have a Lawyer?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

appleblossom Experienced

appleblossom   3,453

Posted
Filed: EB-1 Visa Country: United Kingdom
 Timeline
Posted
49 minutes ago, BarberHauler said:

Hi @appleblossom

EB2 NIW. I never received the  denial receipt I797 of the I-601, USCIS informed us about that through the denied I485. I applied for the I601 16 months ago. I485 denied 10 months ago. Visa expired during AOS.

Hope that helps. Thank you


What was the visa that expired? Where are you now? 

appleblossom Experienced

appleblossom   3,453

Posted
Filed: EB-1 Visa Country: United Kingdom
 Timeline
Posted
1 hour ago, BarberHauler said:

@Boiler Me. I made it with a lawyer.

 

So your lawyer is the person to speak to. I don’t understand how the I-290B is relevant to the I-485, there is nothing to reconsider as without the I-601 you’re inadmissible - and the only thing that will change that is the I-601 being reconsidered, not the I-485. So has a I-290B been filed for the I-601? What were the reasons for that being refused? What grounds did you have for the vaccine waivers?

 

It sounds like you’re no longer in status in the US, you’re not working any longer?

Crazy Cat Grand Master

Crazy Cat   42,755

Posted
Filed: Citizen (apr) Timeline
Posted (edited)

***One non-contributory comment removed.  @BarberHauler, please remember that seasoned members are trying to help you.****

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Boiler Grand Master

Boiler   46,415

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Well I would not have guessed that. Not sure I would have complicated matters with a waiver.

 

I see the E2 visa has lapsed have you maintained status?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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