tomal.web

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

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.

they gave me this letter after 3 weeks of interview. I dont get it. They never mentioned this priority date on interview.

ofcourse I am trying to schedule an infopass which is near impossible as I don find available dates. But I will try as much as possible.

But I did quote that from section B from visa bulletin. I am confused what is going on and want to research as much as possible before talking with USCIS.

That page you are claiming as visa bulletin is not that actual bulletin.

https://travel.state.gov/content/visas/en/law-and-policy/bulletin/2016/visa-bulletin-for-october-2015.html

If you read your link, it also clearly states the following in Section B

USCIS has determined that this chart may be used (in lieu of the chart in paragraph 4.A.) this month for filing applications for adjustment of status with USCIS. Applicants for adjustment of status may visitwww.USCIS.gov/visabulletininfo for additional information.

I think,

Sep 2014 PD was not current in Oct 2015 bulletin to file i-485. USCIS accepted your case that was possible mistake done by them at first place. As when i already stated, when I applied i-130 with i-485 they send rejection notice with all the forms and documents as PD was not current, and ask me to re-apply when pd gets current.

But how come it is not current in October 2015? It clearly states on their October 2015 to use those charts. My priority date is earlier than those charts. And that is the thing. Why did they accept my fees and accepted everything including issuing EAD and right now after interview, they rejected me based on this ........ this is so weird ........ I am super frustrated right now.

You forgot to read the first and second paragraphs of the visa bulletin in the link you provided.In that paragraph it tell you to go to uscis website for Adjustment of status applicants

copied from

https://travel.state.gov/content/visas/en/law-and-policy/bulletin/2016/visa-bulletin-for-october-2015.html

A. STATUTORY NUMBERS

This bulletin summarizes the availability of immigrant numbers during October for: “Application Final Action Dates” (consistent with prior Visa Bulletins) and “Dates for Filing Applications,” indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center.

Unless otherwise indicated on the USCIS website atwww.uscis.gov/visabulletininfo, individuals seeking to file applications for adjustment of status with U.S. Citizenship and Immigration Services (USCIS) in the Department of Homeland Security must use the “Application Final Action Dates” charts below for determining when they can file such applications. When USCIS determines that there are more immigrant visas available for the fiscal year than there are known applicants for such visas, USCIS will state on its website that applicants may instead use the "Dates for Filing Visa Applications" charts in this Bulletin. Applicants for adjustment of status may refer to USCIS for additional information by visitingwww.uscis.gov/visabulletininfo.

Yes I did go to that link for USCIS website for October 2015.

Please see the charts for October 2015 and see what they guided .......

https://www.uscis.gov/visabulletin-oct-15

I dont know how they rejected this i 485 based on their guidelines published on their website ........

I was posting that to this post... Here is they way it read.

A. STATUTORY NUMBERS

This bulletin summarizes the availability of immigrant numbers during October for: (1) “Application Final Action Dates” (consistent with prior Visa Bulletins) and (2) “Dates for Filing Applications,” indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center.

Unless otherwise indicated in this bulletin, individuals seeking to file applications for adjustment of status with U.S. Citizenship and Immigration Services (USCIS) in the Department of Homeland Security must use the “Application Final Action Dates” charts below for determining when they can file such applications.

This bulletin may indicate the ability for such individuals to instead use the “Dates for Filing Visa Applications” charts, when USCIS determines that there are more immigrant visas available for the fiscal year than there are known applicants for such visas. Applicants for adjustment of status may refer to USCIS for additional information by visiting www.uscis.gov/visabulletininfo.

I hope you it will clear the confusion.

yap but see this page for USCIS October 2015 visa bulletin .......... which showed what dates they were using ......

https://www.uscis.gov/visabulletin-oct-15

https://www.uscis.gov/visabulletin-oct-15

I have used this visa bulletin published for October 2015 on USCIS website.

Based on priority date of Sep 2014 and using the charts on that USCIS website, how am I wrong? Or am I wrong? I just want to know whether this is my mistake regarding the filing or this is a USCIS mistake.

Family-Sponsored All Chargeability Areas Except Those Listed CHINA - mainland born INDIA MEXICO PHILIPPINES F1 01MAY09 01MAY09 01MAY09 01APR95 01SEP05 F2A 01MAR15 01MAR15 01MAR15 01MAR15 01MAR15 F2B 01JUL10 01JUL10 01JUL10 01JAN96 01JAN05 F3 01APR05 01APR05 01APR05 01MAY95 01AUG95 F4 01FEB04 01FEB04 01FEB04 01MAY98 01JAN93

Based on this, you need to have filed before the date stated to be able to AOS

https://www.uscis.gov/visabulletin-may-16

So this is a) dependent on country but b) not possible for your spouse to AOS unless your priority date is at least before 01 NOV 2014.

It looks like it is, since it's SEPT, but if your spouse is from Mexico then that date changes to August.

~~moved to AOS from tourist, work, and student visas from bringing family members of LPR. OP is trying to adjust status, not chase a visa.~~

Yes but I filed in October 2015. Based on the letter they gave me, they quoted the October 2015 visa bulletin dates. My wife is not from those other countries so the general cut off dates apply.

You might wanna arrange for a info pass appointment. Since it was all new during that time, may be several reviewing officers were not completely aware of the new filing dates even though USCIS had also used the state deparment's filing dates at that time.

Is my interpretation of those new filing dates are right? Because my priority date is earlier than those cut off dates? Or is my English knowledge wrong? I am totally baffled they gave this decision and I cant believe they do not know what is in that Visa Bulletin. My mind is devasted now when I got this letter.

The NVC may have an out. You may apply for AOS only "following receipt of notification from the NVC containing detailed instructions." If you haven't been notified by the NVC that you can submit the required documents, then you would have to wait until you do.

Applicants for immigrant visas who have a priority date earlier than the cut-off date in the chart below may assemble and submit required documents to the Department of State’s National Visa Center, following receipt of notification from the National Visa Center containing detailed instructions.

Hi, my spouse is within USA and we filed adjustment of status with USCIS. For this case, NVC does not matter. But yes I did get the notification still from NVC to submit the documents.

I am simply not getting why this i-485 was rejected.

My F2A i-485 for my spouse was denied because of priority date. But I want to know whether this decision was right or not.

My priority date was Sep, 12 2014. I filed i-485 on October 2015.

USCIS has rejected my i485 after interview based on the reason that visa number was not available based on October 2015 filing.

http://tinypic.com/r/2eaqtfb/9

http://i68.tinypic.com/1iijbd.jpg

I filed in October 2015 based on Section B of USCIS Visa bulletin of October 2015. Based on that visa bulletin, my cut off date for application was March 01, 2015

https://www.uscis.gov/visabulletin-oct-15

Please tell me whether this rejection was valid or not? Should I filed motion for re-open the file or file a new i-485?