F2A 485 AOS denied. Need help!

[Goethe 0]

Nationality; China

PD: 06/17/2014

485 RD: 10/01/2015

Interview: 4/8/2016

Denied letter: 4/14/2016

your help is greatly appreciated. My 485 was denied. The decision letter states the following reason:

1) When I submitted my 485, on 10/01/2015, my PD is not current yet

2) On 2015 Oct Visa bulletin, the PD has to be before 04/15/2014.

I checked the 2015 Oct visa bulletin again. It has two type of priority dates for F2A. I believe it was the first time USCIS has two cutoff dates.

A. APPLICATION FINAL ACTION DATES FOR
FAMILY-SPONSORED PREFERENCE CASES

The cut off date is 04/15/2014. --> I think that's the one USCIS based the decision on

B. DATES FOR FILING FAMILY-SPONSORED
VISA APPLICATIONS

The cut off date is 03/01/2015 -->> that's the base I submitted my 485 applications.

So I am confused. I read cutoff B is the time you can submit the 485. Am I wrong? Or does USCIS made a mistake here?

If I was wrong, what should I do now?

Thank you very much!

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

Here is the interpretation of 2015 Oct VB: https://www.uscis.gov/visabulletin-oct-15#When%20to%20File

Edited April 14, 2016 by Goethe

[newacct 688]

I think it's the USCIS's mistake. By the way, don't mention the State Department visa bulletin dates. It's the USCIS's charts that matters for AOS. USCIS's chart for Oct 2015 for F2A indeed does say Mar 1 2015, so you qualified.

[paulatth 0]

Agree with the second floor. U need to deal with USCIS, or consult an attorney. Please follow up with your progress.

Nationality; China

PD: 06/17/2014

485 RD: 10/01/2015

Interview: 4/8/2016

Denied letter: 4/14/2016

your help is greatly appreciated. My 485 was denied. The decision letter states the following reason:

1) When I submitted my 485, on 10/01/2015, my PD is not current yet

2) On 2015 Oct Visa bulletin, the PD has to be before 04/15/2014.

I checked the 2015 Oct visa bulletin again. It has two type of priority dates for F2A. I believe it was the first time USCIS has two cutoff dates.

A. APPLICATION FINAL ACTION DATES FOR
FAMILY-SPONSORED PREFERENCE CASES

The cut off date is 04/15/2014. --> I think that's the one USCIS based the decision on

B. DATES FOR FILING FAMILY-SPONSORED
VISA APPLICATIONS

The cut off date is 03/01/2015 -->> that's the base I submitted my 485 applications.

So I am confused. I read cutoff B is the time you can submit the 485. Am I wrong? Or does USCIS made a mistake here?

If I was wrong, what should I do now?

Thank you very much!

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

Here is the interpretation of 2015 Oct VB: https://www.uscis.gov/visabulletin-oct-15#When%20to%20File

[Goethe 0]

Thank you all. I almost thought I read wrong.. You saved me from reading the guideline over and over again!

Is it a rare case? I cannot seem to find anyone with similar experience anywhere.

[Goethe 0]

Checked with a lawyer and she believed that the USCIS made a mistake here. She asked me to schedule an INFOPASS asap and ask to talk to supervisor. Chance is they will reopen the case from their end.

I will do that and report back after the infopass. Hope it goes well. Will update.

[Goethe 0]

Talked to infopass IO, she said it is an mistake, however, she is one level lower than the IO who made this decision, hence she cannot overturn this decision.

[Lovelynyc 0]

I am also in the same situation as you, my interview was given to me 2 weeks before my priority date became current and i also recieved a denial letter just 3 days after the interview.

I have made an infopass app to speak with an IO i hope it can be resolved :/

[bkp51 2]

Any update on this post about Priority date Issue? What USCIS has to say about Oct 2015 Bulletin.

[Lovelynyc 0]

Any update on this post about Priority date Issue? What USCIS has to say about Oct 2015 Bulletin.

No luck for me still trying to get answers , they didn't have my file when i went to the infopass so their was nothingg they could do

[piff 46]

I'm totally on your side! I've done all immigration myself including my own NIW petition. You filed everything properly based on the dates, it's just some untrained personnel that doesn't care about others.

I would contact a local congressman and have him/her submit an inquiry.

Things to remember: you indeed cannot be approved for a green card until your date is current in the first (original) table. Interview can be conducted at any poibt while you are pending, they can recommend you for an approval but won't approve, that's simple.

Also, send a certified letter to the office which made a decision on your case with the proof of priority date for the month when you applied.

I can give you my email if I can be of any further help.

[Goethe 0]

Hello everyone,

I did not have any luck in infopass despite multiple tries. I have submitted the motion to reopen I-290b last week. hate to spend the time and money because of USCIS's error but I don't have any other options and the time is running up. I hope you have some better luck with INFOPASS.

Thanks

[nd08 0]

Hello everyone,

Is there any update on the denial issue going on with AOS based on filing chart dates?

please advise as I feel I would be going through same situation

[bkp51 2]

Hello everyone,

Is there any update on the denial issue going on with AOS based on filing chart dates?

please advise as I feel I would be going through same situation

Describe your case.

[nd08 0]

Describe your case.

My case if of F2B category with PD Dec 2010, based on filing date chart, I was eligible to file and AOS application was sent in April. I completed biometrics and after 2 weeks I got an interview appointment which is at the end of June.

[Lovelynyc 0]

just wanted to give you an update on my case, it was finally re opened and then approved . I now have my Greencard! Thank you everyone who helped :-) and I wish everyone good luck and success on their applications :-)