My GC case was reopened after 2 years

[ManchamKodi]

4 minutes ago, ap1234 said:

USCIS letter states as below
 

7. When you adjusted status to that of a permanent resident on September 03, 2022, under section 245 of the Immigration & Nationality Act, as amended, you were not eligible to adjust status because there was no visa immediately available for your classification pursuant to Section 245(a) of the INA.

On the basis of the foregoing, it is alleged that you were not eligible at the time of adjustment for permanent residence on September 03, 2022. You were not eligible on the date you were granted adjustment of status under 245(a) of the INA since there was no visa immediately available under your classification.

You are now informed that you may submit, within thirty (30) days from the date of service of this notice, an answer in writing under oath setting forth reasons why such rescission should not be made. You may also, within that time, request a hearing before an immigration judge in support of, or in lieu of, your written answer. If your response admits the allegations set forth in this notice, or if you fail to respond within thirty days from the date of this notice, the District Director will rescind the adjustment of status previously granted. There is no appeal of this decision.

You may have the assistance of or be represented by an attorney or representative authorized to practice before the Executive Office for Immigration Review, without expense to the Government, in preparation of your answer or in connection with the hearing, and you may present such evidence as may be relevant to the rescission.

anna original copy pic pettu anna

[baabaa]

3 hours ago, ap1234 said:

USCIS letter states as below
 

7. When you adjusted status to that of a permanent resident on September 03, 2022, under section 245 of the Immigration & Nationality Act, as amended, you were not eligible to adjust status because there was no visa immediately available for your classification pursuant to Section 245(a) of the INA.

On the basis of the foregoing, it is alleged that you were not eligible at the time of adjustment for permanent residence on September 03, 2022. You were not eligible on the date you were granted adjustment of status under 245(a) of the INA since there was no visa immediately available under your classification.

You are now informed that you may submit, within thirty (30) days from the date of service of this notice, an answer in writing under oath setting forth reasons why such rescission should not be made. You may also, within that time, request a hearing before an immigration judge in support of, or in lieu of, your written answer. If your response admits the allegations set forth in this notice, or if you fail to respond within thirty days from the date of this notice, the District Director will rescind the adjustment of status previously granted. There is no appeal of this decision.

You may have the assistance of or be represented by an attorney or representative authorized to practice before the Executive Office for Immigration Review, without expense to the Government, in preparation of your answer or in connection with the hearing, and you may present such evidence as may be relevant to the rescission.

Mostly ade jarigindi bhayya. EB3 lo approve chesadu officer when the priority date was not current. 

Typical case of maidanam officer approving wrongly and papam candidate ki tala neppi uppudu with hiring a lawyer again and lot of tension.

Ade officer koncham time petti correct ga EB2 lo chesi unte it would be easy. You will show EB2 GC and Sept 2022 Visa Bulletin and push back saying on the day of approval, priority date was current and visa number was available.

[vegasvegas]

14 minutes ago, baabaa said:

Mostly ade jarigindi bhayya. EB3 lo approve chesadu officer when the priority date was not current. 

Typical case of maidanam officer approving wrongly and papam candidate ki tala neppi uppudu with hiring a lawyer again and lot of tension.

Ade officer koncham time petti correct ga EB2 lo chesi unte it would be easy. You will show EB2 GC and Sept 2022 Visa Bulletin and push back saying on the day of approval, priority date was current and visa number was available.

sep 3rd 2022 approval ante that was last date on which they announced EB2 visa dates are all used up for the fiscal year.

so eb2 also touch and go

[Wrangler]

8 hours ago, ap1234 said:

Case Was Reopened

On August 30, 2024, we reopened your Form I-485, Application to Register Permanent Residence or Adjust Status, Receipt Number SRC2190****, and mailed you a notice. Please follow the instructions in the notice. If you do not receive your reopening notice by September 29, 2024, please go to www.uscis.gov/e-request to request a copy of the notice. If you move, go to www.uscis.gov/addresschange to give us your new mailing address.

bro I thought your case reopened and GC is in cards. 

[akkum_bakkum]

3 hours ago, ap1234 said:

USCIS letter states as below
 

7. When you adjusted status to that of a permanent resident on September 03, 2022, under section 245 of the Immigration & Nationality Act, as amended, you were not eligible to adjust status because there was no visa immediately available for your classification pursuant to Section 245(a) of the INA.

On the basis of the foregoing, it is alleged that you were not eligible at the time of adjustment for permanent residence on September 03, 2022. You were not eligible on the date you were granted adjustment of status under 245(a) of the INA since there was no visa immediately available under your classification.

You are now informed that you may submit, within thirty (30) days from the date of service of this notice, an answer in writing under oath setting forth reasons why such rescission should not be made. You may also, within that time, request a hearing before an immigration judge in support of, or in lieu of, your written answer. If your response admits the allegations set forth in this notice, or if you fail to respond within thirty days from the date of this notice, the District Director will rescind the adjustment of status previously granted. There is no appeal of this decision.

You may have the assistance of or be represented by an attorney or representative authorized to practice before the Executive Office for Immigration Review, without expense to the Government, in preparation of your answer or in connection with the hearing, and you may present such evidence as may be relevant to the rescission.

Talk to the attorney and review your options whether it makes sense to go to EOIR and get it resolved or get a recession agreement with uscis field office that approved this petition or ur local uscis field office, until uscis resolves this issue.

Do you know if your tub 485j to eb3 is approved?

[Deadp0ol2]

wtf...ante ippudu 2014 chaala mandi ni case lu venakki laagutaara.

[akkum_bakkum]

17 minutes ago, vegasvegas said:

sep 3rd 2022 approval ante that was last date on which they announced EB2 visa dates are all used up for the fiscal year.

so eb2 also touch and go

Once uscis confirms eb2 is the underlying petition, then they would have to approve gc whether or not a visa number is requested in wrong category. @ap1234 @csrcsr

https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-2

E. Applicants Considered Lawfully Admitted

Under certain circumstances, USCIS may consider an applicant lawfully admitted for permanent residence, despite errors, for INA 318 purposes.

1. Availability of Immigrant Visa at Time of Filing for Adjustment of Status

In order for an applicant to be eligible for adjustment of status under INA 245(a), an immigrant visa must be immediately available to the applicant at the time of filing and at the time of final adjudication.^[132] An officer may not approve an application for adjustment of status as a preference immigrant until an immigrant visa number has been allocated by DOS.^[133]

If at the time of adjustment an officer did not request the visa number from DOS, or DOS had not yet allocated a visa number, but a visa was available at the time of filing and decision and the officer approved the adjustment of status application, USCIS considers the applicant to have been lawfully admitted for permanent residence, despite the error.^[134]

If at the time of adjustment, the officer annotated the wrong class of admission code, but there was still an immigrant visa immediately available to the applicant, and there was no misrepresentation by the applicant, USCIS still considers the applicant to have been lawfully admitted permanent residence. In this case, the officer should correct the class of admission code.

 

[vegasvegas]

2 hours ago, akkum_bakkum said:

Once uscis confirms eb2 is the underlying petition, then they would have to approve gc whether or not a visa number is requested in wrong category. @ap1234 @csrcsr

https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-2

E. Applicants Considered Lawfully Admitted

Under certain circumstances, USCIS may consider an applicant lawfully admitted for permanent residence, despite errors, for INA 318 purposes.

1. Availability of Immigrant Visa at Time of Filing for Adjustment of Status

In order for an applicant to be eligible for adjustment of status under INA 245(a), an immigrant visa must be immediately available to the applicant at the time of filing and at the time of final adjudication.^[132] An officer may not approve an application for adjustment of status as a preference immigrant until an immigrant visa number has been allocated by DOS.^[133]

If at the time of adjustment an officer did not request the visa number from DOS, or DOS had not yet allocated a visa number, but a visa was available at the time of filing and decision and the officer approved the adjustment of status application, USCIS considers the applicant to have been lawfully admitted for permanent residence, despite the error.^[134]

If at the time of adjustment, the officer annotated the wrong class of admission code, but there was still an immigrant visa immediately available to the applicant, and there was no misrepresentation by the applicant, USCIS still considers the applicant to have been lawfully admitted permanent residence. In this case, the officer should correct the class of admission code.

 

thats not my point. They might have considered it under EB2 only. But september 3rd 2022 ki EB2 numbers kuda ayipoyinaayi antanna.

anyway since they approved it, manchi attorney ni pettukuni defend chesukovachu. Thats what uscis also hinted in their notice. memu porapatuna dates available lekapoyina approve chesam, so meeru lawyer/court thru vachi techukuntey repu maaku talanoppulu raaavu ani hinting

[baabaa]

2 hours ago, Deadp0ol2 said:

wtf...ante ippudu 2014 chaala mandi ni case lu venakki laagutaara.

Ala kadu anna, if your approval was in correct category and priority date was before final action then it’s a valid approval.

EB2 final action was Dec 2014 for few months. Aa time lo 2014 EB2 is a valid approval.

[akkum_bakkum]

19 minutes ago, vegasvegas said:

thats not my point. They might have considered it under EB2 only. But september 3rd 2022 ki EB2 numbers kuda ayipoyinaayi antanna.

anyway since they approved it, manchi attorney ni pettukuni defend chesukovachu. Thats what uscis also hinted in their notice. memu porapatuna dates available lekapoyina approve chesam, so meeru lawyer/court thru vachi techukuntey repu maaku talanoppulu raaavu ani hinting

Also my point, visalu aipoyina sare, they HAVE to keep this gc valid as the date was still current in September. It is immaterial on the allocation part. in that case, 2nd para of my previous post shall apply.

[ap1234]

4 hours ago, akkum_bakkum said:

Talk to the attorney and review your options whether it makes sense to go to EOIR and get it resolved or get a recession agreement with uscis field office that approved this petition or ur local uscis field office, until uscis resolves this issue.

Do you know if your tub 485j to eb3 is approved?

485J for Eb3 and Eb2 interfilling both are pending.

[bhaigan]

10 hours ago, ManchamKodi said:

Eb2 nundi EB3 approval vachindi ante USCIS considers both Eb2 and EB3 valid.

Eb2 nundi EB3 pending lo unte Uscis can't approve 485. 

Audit lo chala issues and uscis can easy find them

correct the elections time lo evanni jaruguthunayi chudu something edo hinting me

trump thatha vasthe ilanti audits inka ekkuva avuthaya ???

 

[bhaigan]

4 hours ago, Deadp0ol2 said:

wtf...ante ippudu 2014 chaala mandi ni case lu venakki laagutaara.

something fishy is cooking in the back

[bhaigan]

34 minutes ago, ap1234 said:

485J for Eb3 and Eb2 interfilling both are pending.

  both are pending enti bhayya ?

[perugu_vada]

44 minutes ago, ap1234 said:

485J for Eb3 and Eb2 interfilling both are pending.

Approved undali kada ? They never got approved ?

bcc: @csrcsr uncle