which was completely untrue, but i assume they just did not read all of my HUGE packet of documents. i was in the US from age 7 to age 20. my family came on a travelers visa (while yugoslavia was falling apart and at war). we had 1 year to file for asylum, we filed the next month (we have proof of this). the USCIS website states that while you have a pending asylum claim, whether original or appeal, you do not accrue unlawful presence. it took a veeeeery long time for them to get to our appeals.
when i was 19, i met my husband. then my family received our asylum appeal was denied by 6th circuit court on september 16, 2004. we left the US and went into canada (legally, through the ambassador bridge, and received canadian papers). on november 8, 2004, after we left and were in canada, our old lawyer said we received final papers.
my husband and i have been together for about 4 years, our 130 and 212 passed with flying colors, then we go to the consulate in montreal, and she denied me because she said i was in the US unlawfully because of section 212 a 9 b 2. our lawyer is putting together my papers for them to review again since they apparently did not look at my dates properly. we all looked at that section, and it does not apply to me.
on the denial letter itself she said stayed over 180 days, section 212 a 9 b 2. but then she gave the dates: last appeal denial september 16, 2004, left october 7, 2004.
how is that over 180 days? i was never there without a valid status, we gave documents stating so. our lawyer says it was just a mistake.
any ideas?
my husband has an interview with our lawyer on monday, and i was wondering if anyone can think of what she might've been thinking happened? she offered form 601, but i was never there illegally, so i cannot fill it out, lol
side note: she was a complete b*tch the entire time we were there, and did not even ask about our relationship at all, and dismissed my 212 approval (but took out original 212 approval letter and would not give it back)
