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Eb3
Pd : 2003 , 6
Rd : 2007,8
I140:2007, 8, approved
Fingerprint : 2007, 11
Interview : 2009, 3,12
인터뷰때 아무 문제가 없다며 기다리면 된다고 했는데 아래와 같이 메일이 왔습니다.
7년을 기다렸는데 이게 왠 날벼락인지
변호사 말로는 영주권 신청시 받은 영수증에 나와있는 Receipt date(2007, 8,13)과 notice date(2007,10,6)를 잘못 본거라면서 지금 항소중입니다. 참고로 영주권 신청시 종교비자 만료기간이 2007 년 9월 1일 이였습니다. 그리고 워크퍼밋카드 신청은 영주권 신청할때 같이 했는데(변호사말)영주증에는Receipt date(2007,10,5)되어있습니다.
간절한 마음으로 도움 부탁드립니다.
아래—-
Decision
Upon consideration, it is ordered that your Form I-485 application for permanent resident status, filed on October 5, 2007, seeking benefits under Section 245 of the Immigration and Nationality Act, as amended (INA), be denied for the following reasons:
A required immigrant visa is not immediately available to you for permanent resident status.
Section 245 (a) of the Act provides in pertinent part:
(a) The status of an alien 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 (2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and (3) an immigrant visa is immediately available to him at the time his application is filed. (Bold and Underlined Emphasis Added)
In the instant case, you are a native and citizen of Korea. You obtained a priority date for visa immediate availability date of June 3, 2003 through an approved employment based petition.
A review of the October 2007 “United States Department of State Visa Bulletin”, the relevant Visa Bulletin for the date you filed your application, indicates the visa availability date for your visa immediate availability purposes of June 3, 2003 is not prior to August 1, 2002, you did not have an immigrant visa that was immediately available to you.
Because an immigrant visa was not immediately available to you when you filed your Form I-485 application for permanent resident status, it is concluded that you are ineligible for adjustment of status to permanent resident. Also, your application record does not otherwise establish eligibility under Section 245 of the Act.Further, this notice will serve to inform you that any previously granted employment authorization based on this application for adjustment or advance parole is hereby terminated.
There is no appeal to this decision. You may request a review of this determination in deportation proceedings before an Immigration Judge.