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Denial Of Adjustment of Status

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Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline
I am actually terrified to the fact that I may be facing a removal proceeding. I was on legal status when my Father filed for my petition and even filed for an extension. Not intending to go out of status, I seeked legal counsel and hoping that I will get an approval within that time frame. But the immigration took 4 years to process my I-130. And I waited another 4-5 years to be able to file for an adjustment of status, hopeful through all these years of wait, only to find out due to the gap in their system guidelines I would be denied. There is certainly a gap in their system, and that is not my fault. Because if their guidelines meet in all areas, I wouldn't be put in this position as well as many others whose in the similar situation, and we would've been on legal status already. I suffered through these years trying to pursue legal status and due to all the significant time of delay I grew up unable to establish myself because I've already gone out of status just waiting. Deprived with so many opportunities. I put my life on hold for 9 years, I wasn't able to get a real job and wasn't able to pursue my education because I didn't have the documents. Within that 9 years I would've been a doctor or something else already. But even through these years of neglected status I have not seeked nor spent money from the government. I survived through the support of my family and relatives, that now I may be taken apart from. It feels like my heart has been eaten out. I've been crying every day I don't know what is going to happen to me if I get sent back, I have no family nor a place to stay over there anymore.

I made an appointment with another attorney hopefully he has something good to say about my case.

Stop trying to blame others for not telling you about the status of your case and find a qualified, experienced immigration attorney who can give the proper guidance.

Very insensitive reply and the OP was not blaming you, she was pointing to problems in the system but of cos as is typical of people who have gotten their visas on VJ, they loose their manners and start acting obnoxious! To the OP, what you need is a very good immigration lawyer. I don't see anyone on VJ being able to provide the kind of advice that will help you through this.

I wish some people would bother not replying to a post if all they are going to do is pass judgement, people come on here for advice/help not for your smart and silly answers which in no way profers any solution to their problems.

OP is blaming "the system" rather than taking the situation head on and getting the proper advice from a qualified attorney. It's no one's responsibility to inform any one of us of changes in policies and procedures that apply to our lives.

Obtaining adequate counsel is the most important thing the OP can do, as many of us (see my prior post) have suggested already on this thread.

Edited by Anh map

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CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

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I think the office of Atty. Michael Gurfinkel can help you. Just google where his offices are, he is also very familiar with filipino immigrants because his wife is a filipina as they say. Just a suggestion. Good luck and may God bless you on your journey.

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Filed: Other Timeline

Sounds unbelievable. Wow. You sure need an experienced attorney, and since you mentioned your life is here and you have nowhere to go back to, the first word that comes to my mind is "hardship."

I hope there will be a hearing in front of an immigration judge where you, with the help of your attorney, can plead your case.

There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

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Filed: Citizen (apr) Country: Ecuador
Timeline

Good (from my experience) immigration-law firm: http://www.fosterquan.com

Largest in Houston; experience in all areas of immigration; VERY reasonable e-mail & phone-consultation rates. If any attorneys can help you, they can.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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Filed: Other Country: Philippines
Timeline

I am considering the process of switching attorneys, and taking steps in doing so. Apparently most people here are only familiar with marriage based petitions, that's why some are beleaguered to the idea about other complex petition cases mostly like Parent to Child petitions when age, timing and many factors plays a vital role in the guidelines and in determining the category & priority dates. Basically I am only being told what I already know which is to hire an/another attorney. Just for the record I retained an attorney throughout these whole process from the time we filed my petition to this present day, but I guess I didn't hire the best one in my particular case cause of the age-out and etc. Hence, I should be switching. I truly appreciate the input of the kind ones, thanks for taking the time. I wish you all the best of luck and smooth sailing throughout the process. As for the supercilious people, I hope nothing goes wrong with your case!

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Filed: Other Country: Philippines
Timeline
I am actually terrified to the fact that I may be facing a removal proceeding. I was on legal status when my Father filed for my petition and even filed for an extension. Not intending to go out of status, I seeked legal counsel and hoping that I will get an approval within that time frame. But the immigration took 4 years to process my I-130. And I waited another 4-5 years to be able to file for an adjustment of status, hopeful through all these years of wait, only to find out due to the gap in their system guidelines I would be denied. There is certainly a gap in their system, and that is not my fault. Because if their guidelines meet in all areas, I wouldn't be put in this position as well as many others whose in the similar situation, and we would've been on legal status already. I suffered through these years trying to pursue legal status and due to all the significant time of delay I grew up unable to establish myself because I've already gone out of status just waiting. Deprived with so many opportunities. I put my life on hold for 9 years, I wasn't able to get a real job and wasn't able to pursue my education because I didn't have the documents. Within that 9 years I would've been a doctor or something else already. But even through these years of neglected status I have not seeked nor spent money from the government. I survived through the support of my family and relatives, that now I may be taken apart from. It feels like my heart has been eaten out. I've been crying every day I don't know what is going to happen to me if I get sent back, I have no family nor a place to stay over there anymore.

I made an appointment with another attorney hopefully he has something good to say about my case.

Stop trying to blame others for not telling you about the status of your case and find a qualified, experienced immigration attorney who can give the proper guidance.

Very insensitive reply and the OP was not blaming you, she was pointing to problems in the system but of cos as is typical of people who have gotten their visas on VJ, they loose their manners and start acting obnoxious! To the OP, what you need is a very good immigration lawyer. I don't see anyone on VJ being able to provide the kind of advice that will help you through this.

I wish some people would bother not replying to a post if all they are going to do is pass judgement, people come on here for advice/help not for your smart and silly answers which in no way profers any solution to their problems.

----------THANK YOU!

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Filed: Timeline

What was the filing date on the I-130 petition your father originally filed for you? (Day, month, year) What date did he naturalise? (Day, month, year) What was the date on the approved I-130? (Day, month, year)

"diaddie mermaid"

You can 'catch' me on here and on FBI.

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