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What is the receipt date of my I-485 if the first application got denied?

I filed my EB-5-based I-485 last month. My application got rejected last week because the credit card information my attorney entered on the Form G-1450 was incorrect. We corrected the form and refiled it on July 1. My question is, will my I-485 have previous receipt date or the latest receipt date? Will this make any difference to my EB-5 timeline since I am an Indian national and the visa backlog started to hit us on July 1?

Answers

  • Avatar

    Barbara Suri

    Immigration Attorney
    Answered on

    Your receipt date will be in July when the filing package is logged in as paid.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    The latest receipt date will prevail.

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    Marko Issever

    EB-5 Broker Dealer
    Answered on

    The rules are pretty clear. When you file your AOS through I-485 petition properly and your filing is accepted, your priority date must be current. It is very unfortunate that it was current when you filed the first time around, but it is not current now. I suppose your I-526 petition was filed after May 1, 2017. If it was filed before that date you should still be OK.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    The receipt date will be the date your I-485 is properly filed and the filing fee checks are cashed. If an immigrant visa number is not available, i.e., your priority date is not current on the date your I-485 is probably filed, it will be rejected again, this time due to no available immigrant visa number.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    The date new I-485 application is received by USCIS is the date of your green card application receipt. It does not impact your EB-5 visa category priority date because it is determined by the receipt date of your I-526 petition. If your priority date is before May 1, 2017, you should be fine.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    The receipt date will be listed on the I-485 receipt and will almost certainly be when the correct fee was accepted.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    Since it was rejected, your application receipt date will be July 1, the newly filed date.

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    Stephen Berman

    Immigration Attorney
    Answered on

    The receipt date for your I-485 does not impact your priority date.

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    Mitch Wexler

    Immigration Attorney
    Answered on

    That is unfortunate. They go by the date is was properly filed/receipted. If you PD is after May 1, 2017, USCIS will now reject your I-485.

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    Charles Foster

    Immigration Attorney
    Answered on

    If your I-485 application was rejected because the credit card information did not allow you to pay the filing fee, your new application for adjustment of status on Form I-485 will be the controlling date. It should not make any real difference in terms of your EB-5 timeline, since your priority date was established when you filed your EB-5 petition on Form I-526.

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    Hassan Elkhalil

    Immigration Attorney
    Answered on

    The priority date is when the application is feed in and received.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    If rejected you won't get that earlier filing date.

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    Belma Chinchoy

    Immigration Attorney
    Answered on

    Your priority date must be current at the time of I-485 filing, the second and proper filing in your case. The rejected application is rejected. Nothing more to it.

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