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DAP Forums > DREAM Act > The Lounge

I-485 Denied with no RFE - Valid DACA & Clean Record

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#1
03-07-2024, 04:37 PM
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I just received notification that my case was denied without RFE or Intent to deny. I will update this post when I get my denial letter. We filed with a reputable lawyer and we triple checked everything before sending our packet (Medical Included). I can't seem to wrap my head around why this could happen. My wife and I both have clean records and pay our taxes. Most lawyers would consider our case as "Ironclad" at this point. Murphy's law I suppose..

For now, I'm wondering how long it takes for the notice of denial to appear in my account? Cause i'm anxious af.

Here is an overview of my case if anyone is curious:*

- Entered the US with parents in July 1993 with a tourist visa.
- My parents applied for political asylum. The case was denied and we were granted voluntary departure May, 2000. (I was 10 years old). Failing to depart voluntarily, the final order was issued.
- On November 2016, I got married to my USC wife
- On July of 2018 Our I-130 was approved (we had an in person interview)
- Shortly after, our attorney filed a Joint Motion reopen and terminate my case as I had a prior removal order looming from when I was a child.
- On August of 2023, The BIA granted our Motion which terminated my removal. Therefore making me eligible for adjustment of status.
- On September of 2023, Our attorney filed an I-485 adjustment of status packet along with all other required evidence.*
- On March 7th, I received notification*that my case was denied.



The nightmare continues..
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Sent:9-17-2012 | Delivered: 9-18-2012 | Electronic I-797C Received: 9-20-2012 routed to Vermont |
I-797C Received:9-24-2012| Biometrics Appt: 9-27-2012 for 10-23-2012| Biometrics Walk-in: 10-9-2012 |
Approved: 6-5-13 | EAD Arrived: 6-10-13
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#2
03-07-2024, 08:35 PM
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I've seen some cases be denied because they got a grumpy officer and a single signature was missed on the i485. You won't know until the letter is posted to your account.

Sorry to hear about this! Wish you the best.
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#3
03-07-2024, 08:45 PM
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Can you apply again? Or you have to do an appeal?
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#4
03-07-2024, 09:36 PM
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Quote:
Originally Posted by Nycgal111 View Post
Can you apply again? Or you have to do an appeal?
Assuming they have a case and are actually eligible, they can apply again, but would have to pay all the fees again. And fees are going up substantially on April 1st.

An appeal would depend on the grounds of the denial and the case specifics itself.
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#5
03-07-2024, 09:53 PM
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I'll let you guys know as soon as the denial comes in. I have a feeling it has something to do with my prior order which eior terminated prior to applying my i-485. We sent a copy of the judges termination as well.
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Sent:9-17-2012 | Delivered: 9-18-2012 | Electronic I-797C Received: 9-20-2012 routed to Vermont |
I-797C Received:9-24-2012| Biometrics Appt: 9-27-2012 for 10-23-2012| Biometrics Walk-in: 10-9-2012 |
Approved: 6-5-13 | EAD Arrived: 6-10-13
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#6
03-07-2024, 09:54 PM
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Did you qualify for 245i? If not, then you would have to do the I-601A. I am assuming you came here on B2 in 1993 as a child and never left USA correct?
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#7
03-07-2024, 11:56 PM
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Only thing that comes to mind would be a frivolous asylum claim, but I don't think courts can find a 10 year in violation of that.

So the next step would likely be an I-290B Motion to Reconsider arguing that USCIS misapplied the law, this might be one of those cases that will work up the chain to the BIA.
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#8
03-08-2024, 02:16 AM
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Denial letter is in. As I suspected, they are claiming that they do not have jurisdiction despite the termination from the judge. The joint motion decision letter literally says that I have to adjust status through USCIS..

Quote:
On September 22, 2023, you submitted a Form I-485, Application to Register Permanent Residence or Adjust Status, to U.S. Citizenship and Immigration Services (USCIS) under section 245 of the Immigration and Nationality Act (INA) and Title 8, Code of Federal Regulations (8 CFR).

Generally, to qualify for adjustment under INA 245, an applicant must:
Be inspected and admitted or paroled into the United States;
Be eligible to receive an immigrant visa;
Be admissible to the United States for permanent residence;
Have an immigrant visa immediately available at the time the application is filed; and Merit a favorable exercise of discretion.

After a thorough review of your application and supporting documents, we must inform you that we are denying your application because USCIS does not have jurisdiction to decide whether you are eligible for adjustment of status since an Immigration Judge issued a Voluntary Departure Order against you on May 2, 2000.

Statement of Facts and Analysis, Including Ground(s) for Decision:
You filed Form I-485 based on being the beneficiary of an immigrant petition.
USCIS has jurisdiction to adjudicate an application for adjustment of status only if the Immigration Judge does not have jurisdiction. See Title 8, Code of Federal Regulations (8 CFR), sections 245.2(a) and 1245.2(a).In general, except if the applicant is an “arriving alien”, the Immigration Judge has jurisdiction to grant or deny a Form I-485 if the adjustment applicant is in a section 240 removal proceeding before the U.S. Department of Justice, Executive Office for Immigration Review (EOIR).
USCIS reviewed your case file and determined that an Immigration Judge issued a Voluntary Departure Order on May 2, 2000, but you have not yet departed under that order. After a thorough review of your application and supporting documents, it does not appear that the removal proceedings against you have been terminated. See 8 CFR section 245.1(c)((ii). USCIS also determined that you are not an arriving alien because you were admitted on July 20, 1993, as a B-2.

Since you are a respondent in a removal proceeding, and you are not an “arriving alien”, only EOIR has jurisdiction to grant or deny your Form I-485 based on the merits. However, because the Immigration Judge issued a Voluntary Departure Order against you, your Form I-485 is denied based on lack of USCIS jurisdiction. 8 CFR sections 245.2(a)(1) and 1245.2(a)(1).

The record shows that you are in a period of authorized stay in the United States. You must continue to comply with all the conditions that apply to your authorized stay.
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Sent:9-17-2012 | Delivered: 9-18-2012 | Electronic I-797C Received: 9-20-2012 routed to Vermont |
I-797C Received:9-24-2012| Biometrics Appt: 9-27-2012 for 10-23-2012| Biometrics Walk-in: 10-9-2012 |
Approved: 6-5-13 | EAD Arrived: 6-10-13
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#9
03-08-2024, 03:04 AM
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Are you using a lawyer?
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#10
03-08-2024, 07:17 PM
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Quote:
Originally Posted by anitagreencard View Post
Denial letter is in. As I suspected, they are claiming that they do not have jurisdiction despite the termination from the judge. The joint motion decision letter literally says that I have to adjust status through USCIS..
Yeah they fucked up and the correct response would be to file an I-290B Motion to Reconsider and point out that upon your failure to depart the VD order became a removal order, then following BIA reopening and terminating - the prior orders stopped existing and you stopped being in removal proceedings which puts the jurisdiction back at USCIS, moreover more than 10 years have passed since your failure to depart.
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