I-589 Pending 期间与绿卡结婚调整身份

Williamy1625 · 发表于 2022-9-30 01:01:55

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请问郑律师，我是B2有效期内递交的PH申请，现在和绿卡配偶结婚了，去年7月份同时递交了I-485和I-130，前几天I-485突然被拒绝了，这种情况我还可以上诉吗？有没有更好的解决办法，谢谢
（以下附上部分原文）
You filed Form I-485 based on being the beneficiary of an immigrant petition.
Your last entry into the United States was in nonimmigrant category B2 on December 24, 2014, and your nonimmigrant status expired on June 23, 2015. You are seeking adjustment of status to that of a preference-based immigrant, and you were not in lawful nonimmigrant status at the time you filed your Form I-485.
You have provided no evidence of lawful admission or parole after the one indicated above and you have not established eligibility under the provisions of INA 245(i). Therefore, you are restricted from adjustment of status, and
U.S. Department of Homeland Security
U.S. Citizenship and Immigration Services National Benefits Center
P.O. Box 648004
Lee's Summit, MO
USCIS must deny your Form I-485. See INA sections 245(a), (c), (i), and Title 8, Code of Federal Regulations (8 CFR), sections 245.1(a) and (b), and 245.10.
Since this Form I-485 has been denied, the condition upon which your Employment Authorization document and/or Advance Parole document was based, no longer exists. Therefore, USCIS has determined that any pending Application for Employment Authorization, Form I-765, and/or Application for Travel Document, Form I-131, related to the Form I-485 are also denied.
Any unexpired Employment Authorization document based upon this Form I-485 is revoked as of 18 days from the date of this notice pursuant to 8 CFR 274a.14(b)(2), unless you submit, within 18 days, proof that your Form I-485 remains pending. The decision shall be final and no appeal shall lie from the decision to revoke the authorization. Any unexpired Advance Parole document based upon this Form I-485 is terminated as of the date of this notice pursuant to 8 CFR 212.5(e)(2)(i). Any unexpired Employment Authorization document and/or Advance Parole document based upon this Form I-485 should be returned to the local USCIS office.
You may not appeal this decision. However, if you are issued a Notice to Appear, you will have an opportunity to renew your application for adjustment of status and/or to request any other relief that may be available in removal proceedings before an Immigration Judge. See Title 8, Code of Federal Regulations (8 CFR), section
245.2(a)(5)(ii). Furthermore, this decision is without prejudice to future applications filed with the appropriate USCIS office.
If you believe that the denial of your Form I-485 is in error, you may file a motion to reopen or a motion to reconsider using Form I-290B, Notice of Appeal or Motion. You must submit Form I-290B within 30 days from the date of this notice (33 days if this notice was received by mail). If USCIS does not receive the motion to reopen or reconsider within the required period, this decision will become final.
To access Form I-290B or if you need additional information, please visit the USCIS Web site at www.uscis.gov. For questions about your application, you can use our many online tools (uscis.gov/tools) including our virtual assistant, Emma. If you are not able to find the information you need online, you can reach out to the USCIS Contact Center by visiting uscis.gov/contactcenter.

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