正确的充电姿势,让你的iPhone犹如新机!# Apple - 家有苹果
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把我的情况再说一下,好让之前没有看到我文章的朋友们了解。2008年10月申请NIW(
PD),2009年底批准。2009年4月申请EB1a,2010年1月RFE后被拒。 2012年1月排期到了
和lg一起基于NIW被批准的140递交I485,后来陆续收到EAD和AP。我本人没有申请EAD,
还用H1b。都是DIY。
今天收到cis的正式拒信了。原因让人气愤。说是根据USCIS的纪录,我的I140表在2010
年1月被拒了,所以我不具备递交485的资格。我把信录了一遍在下面,请大家给看看是
不是这个意思。
他们一个不负责任的错误,我们就又得打仗似地应对,人力物力财力。觉得挺委屈的,
运气怎么这么差。身体、工作、孩子的原因,本来就疲惫不堪了,结果这样少见的事情
还让我们遇见了。而且因为我DIY,现在都不知道该怎么办,是自己弄还是请律师,是
reopen还是reconsider还是appeal,有什么区别?肯请大家帮帮我给出出主意吧。先谢
谢大家!
附信:
Decision
Upon consideration, it is ordered that your Form I-485, Application to
Register Permanent Residence or Adjust Status, filed on January 5, 2012, be
denied for the following reasons.
Section 245(a) of the Immigration and Nationality Act, as amended, states in
pertinent part that the status of an alien who was inspected and admitted
or paroled into the United States…may be adjusted by the Attorney General,
in his discretion and under such regulations as he may prescribe, to that of
an alien lawfully admitted for permanent residence if
(1) the alien makes an application for such adjustment.
(2) the alien is eligible to receive an immigrant visa and is admissible
to the United States for permanent residency, and
(3) an immigrant visa is immediately available to him at the time his
application is filed.
8.C.F.R. $ 245.1(a) states in pertinent part that an alien is eligible to
apply for adjustment of status to that of a lawful permanent resident
provided that, among other things, an immigrant visa is immediately
available at the time of filing of the application.
A review of your file indicates that an Immigrant Petition for Alien Worker
(Form I-140) was filed by you on April 14, 2009. Form I-140 was subsequently
denied on January 6, 2010. A review of USCIS records fails to demonstrate
that you are the beneficiary of an approved immigrant visa petition.
In Matter of Tanahan, 18 I&N Dec 339(BIA 1981), it was held that the
determination to grant permanent residence status under Section 245 of the
Immigration and Nationality Act (8 U.S.C. 1255) lies entirely within the
discretion of the Attorney General.
The burden of proof in the proceeding lies solely with the applicant. (
Section 291 of the Immigration and Nationality Act, 8 U.S.C. 1361). You have
not sustained that burden and therefore you have filed to prove eligibility
. Accordingly, your application must be denied.
This decision is without prejudice to consideration of subsequent
applications filed with USCIS. There is no appeal from this decision. In
accordance with 8. C.F.R. $103.5, you may file a motion to reopen or a
motion to reconsider with proper fee within 30 days from the date of the
decision (33 days if this notice was received by mail).
You may file a motion to reopen or reconsider with the Service Center. Your
motion to reopen or reconsider must be filed on Form I-290B, Notice of
Appeal or Motion within 30 days of the date of this notice (33 days if this
notice was received by mail). You must mail you r Form I-290B, along with
the appropriate filing fee and other documentation in support of the motion,
to the correct address. Do not mail your completed Form I-290B directly to
this Service Center.
To obtain the filing location, the required filing fee amounts, and more
information about the Form I-290B filing requirements, please refer to the
USCIS website at http://www.uscis.gov/forms. You may also contact the National Customer Service Center (NCSC) at 800-375-5283.
This decision does not prevent you from filing any petition or application
in the future.
Sincerely,
XXX
PD),2009年底批准。2009年4月申请EB1a,2010年1月RFE后被拒。 2012年1月排期到了
和lg一起基于NIW被批准的140递交I485,后来陆续收到EAD和AP。我本人没有申请EAD,
还用H1b。都是DIY。
今天收到cis的正式拒信了。原因让人气愤。说是根据USCIS的纪录,我的I140表在2010
年1月被拒了,所以我不具备递交485的资格。我把信录了一遍在下面,请大家给看看是
不是这个意思。
他们一个不负责任的错误,我们就又得打仗似地应对,人力物力财力。觉得挺委屈的,
运气怎么这么差。身体、工作、孩子的原因,本来就疲惫不堪了,结果这样少见的事情
还让我们遇见了。而且因为我DIY,现在都不知道该怎么办,是自己弄还是请律师,是
reopen还是reconsider还是appeal,有什么区别?肯请大家帮帮我给出出主意吧。先谢
谢大家!
附信:
Decision
Upon consideration, it is ordered that your Form I-485, Application to
Register Permanent Residence or Adjust Status, filed on January 5, 2012, be
denied for the following reasons.
Section 245(a) of the Immigration and Nationality Act, as amended, states in
pertinent part that the status of an alien who was inspected and admitted
or paroled into the United States…may be adjusted by the Attorney General,
in his discretion and under such regulations as he may prescribe, to that of
an alien lawfully admitted for permanent residence if
(1) the alien makes an application for such adjustment.
(2) the alien is eligible to receive an immigrant visa and is admissible
to the United States for permanent residency, and
(3) an immigrant visa is immediately available to him at the time his
application is filed.
8.C.F.R. $ 245.1(a) states in pertinent part that an alien is eligible to
apply for adjustment of status to that of a lawful permanent resident
provided that, among other things, an immigrant visa is immediately
available at the time of filing of the application.
A review of your file indicates that an Immigrant Petition for Alien Worker
(Form I-140) was filed by you on April 14, 2009. Form I-140 was subsequently
denied on January 6, 2010. A review of USCIS records fails to demonstrate
that you are the beneficiary of an approved immigrant visa petition.
In Matter of Tanahan, 18 I&N Dec 339(BIA 1981), it was held that the
determination to grant permanent residence status under Section 245 of the
Immigration and Nationality Act (8 U.S.C. 1255) lies entirely within the
discretion of the Attorney General.
The burden of proof in the proceeding lies solely with the applicant. (
Section 291 of the Immigration and Nationality Act, 8 U.S.C. 1361). You have
not sustained that burden and therefore you have filed to prove eligibility
. Accordingly, your application must be denied.
This decision is without prejudice to consideration of subsequent
applications filed with USCIS. There is no appeal from this decision. In
accordance with 8. C.F.R. $103.5, you may file a motion to reopen or a
motion to reconsider with proper fee within 30 days from the date of the
decision (33 days if this notice was received by mail).
You may file a motion to reopen or reconsider with the Service Center. Your
motion to reopen or reconsider must be filed on Form I-290B, Notice of
Appeal or Motion within 30 days of the date of this notice (33 days if this
notice was received by mail). You must mail you r Form I-290B, along with
the appropriate filing fee and other documentation in support of the motion,
to the correct address. Do not mail your completed Form I-290B directly to
this Service Center.
To obtain the filing location, the required filing fee amounts, and more
information about the Form I-290B filing requirements, please refer to the
USCIS website at http://www.uscis.gov/forms. You may also contact the National Customer Service Center (NCSC) at 800-375-5283.
This decision does not prevent you from filing any petition or application
in the future.
Sincerely,
XXX