Q: U visa was approved IN 2014. I -485 DENIED BECAUSE OF 3 YEARS PRESENCE...
Can I refile I-485 based on previously approved U visa.???
As I completed 3 years PRESENCE ( uscis requirement)???
Will they accept my I-485
A: When you apply for adjustment of status based on having a U-visa you must submit documentary evidence establishing that you have been physically present in the United States for at least the past three years in lawful u-nonimmigrant status. In addition, depending on the amount of time outside, trips outside of the United States can sometimes break this presence. It is unclear exactly why your case was denied or when you received this denial. As you need to be in lawful u-nonimmigrant status to reapply for adjustment, you should consult with an immigration attorney to determine the reason the prior adjustment was denied and how best to resolve your situation.
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A:
Based on U.S. immigration law, if your I-485 was denied due to not meeting the required three years of presence after U visa approval, you cannot refile the I-485 based on the same U visa. The three-year requirement must be met before filing the I-485, and a previously approved U visa alone does not automatically fulfill this requirement. You must ensure that you meet all eligibility criteria before reapplying for the I-485.
Best regards,
James L. Arrasmith
Founder and Chief Legal Counsel of The Law Offices of James L. Arrasmith
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