Posted by: gaulejetho October 9, 2019
Immediate family based I -485 denied, what is the next step?
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I was thinking like you Bennedict before but after reviewing some information in USCIS
website for parent (immediate relative) category of US citizen they never unlawful to stay in US regardless of their visa status. In other hand he got first b1/b2 visa on 2011, renewed for another 5 yrs at 2016, basically he enjoy to short term visit but due to some family situation its good for him to stay here. so intent to immigrate is not valid statement in his case. The denial letter does not say bold statement leave within 33 days, it asking you can appeal if administrative error so i did appeal with fee and supporting documents. If appeal denied we can file motion reopen the file and document again... so should be fine, he is retired officer in Nepal so it might takes more long time but will settle ultimately on my favor (hopefully).
Another thing i surprised when i did application , they cash checked and send schedule for bio metric , i thought process smoothly going on and was expecting for medical or interview schedule unfortunately received denial letter.

FYI see below bar/restriction does not apply ...

Some or all of the INA 245(c) adjustment bars do not apply to certain categories of adjustment applicants. When adjudicating an adjustment application, an officer should carefully consider which bars apply.

B. Immediate Relatives
Certain adjustment bars do not apply to an immediate relative, including the spouse or child (unmarried and under 21 years old) of a U.S. citizen, and the parent of a U.S. citizen older than 21. [2]

An adjustment applicant applying as an immediate relative may be eligible to adjust status even if:

The applicant is now employed or has ever been employed in the United States without authorization;

The applicant is not in lawful immigration status on the date he or she files the adjustment application;

The applicant has ever failed to continuously maintain a lawful status since entry into the United States;

The applicant was last admitted to Guam or the Commonwealth of the Northern Mariana Islands (CNMI) as a visitor under the Guam or CNMI Visa Waiver Program and is not a Canadian citizen;

The applicant was last admitted to the United States as a nonimmigrant visitor without a visa under the Visa Waiver Program; or

The applicant has ever violated the terms of his or her nonimmigrant status.
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