Frustration I-485

[CindyT 0]

Hi, Just looking for some advice,

I dont have my exact time line cause I am actually out of state right now but will try to break down the story easily if I can.

My husband came from Mexico in 1995 illegally, married a woman, filed for work card, received work card, ended up divorcing wife in 96, went to immigration office and told them to cancel everything cause he did not marry her for that reason.

I met him in August 2000, Married March 2001, Had our first child October 01, Second child Feb 04 , Got FOIA September 05 and found out he had a deportation notice issued in 98 and the place helping us said we need a attorney, Hired attorney in Oct 2005 and right away the attorney filed the I-130 and others and we had to go to several court dates to ask the judge permission for him to stay and filed for his greencard which was approved cause we had a notorized letter from his ex-wife stating she never received anything at her address which was the last address on file and about 20 character witnesses with us.

Approval to file I-485 from judge so we filed it, Went for Biometrics in mid 2006, Went for Interview and showed photos, our life etc in March 2007 and was told by the officers we should know something within 3 months.

NEVER heard anything again until 2 weeks ago and we received another biometrics notice for August 7th and had to drive to Oklahoma even though a AR-11 address change was submitted. We went to the 2nd biometrics appt and this time they only took his index finger print, photo and signature, Last time they took all 10 prints.

Now we are hoping he will get his card, I should mention he was also a victim of identity theft, He has a SS Card from when he had his work card and someone got a hold of the number and spent months in jail under his social, name and DOB. We had cleared where we found but dont know if this person went anywhere else.

It was 2 and half years before we heard anything and this appt was different cause it was only the index fingerprint.

We have hope cause everytime we done a inquiry we was told the FBI namecheck was still pending and earlier this year we read they were caught up on name checks so we hope we would hear something since they were caught up and sure enough another biometrics appt..

We never got another work card cause we took the attorneys advice, Everything else was approved no problem and we have nothing to hide, He thought it would be a waste of our money to file the work card cause he said we should have the greencard about the same time the work card would come so we didnt, Needless to say he has stayed illegal this entire time cause we thought we would have the work card.

We even done congressional inquiries with no luck.

So my question is, Do you think this biometrics appt is the one to issue his card?

All the website tells me is they received the application to adjust status in Jan 7th 2007 and has never been updated

Could this possibly be it and it finally comes or do you think we will be waiting for a lot longer?

Our attorney wants to sue them for taking so long cause we done everything right and everything they asked for and have proved ourselves. We have a nearly 9 yr marriage and 2 kids together and have honestly proved everything they have ever asked.

We have a very highly reccommended , highly certified immigration attorney who has cost us our life savings plus some and I feel confident he has done his job rigth...

So does anyone think this bio may be the final hump and his green card will be coming in a few weeks?

I need some hope here, If it has not come by January we are going to go ahead and file for the work permit but we hope it dont come down to that.

Any advice or positive opinions is appreciated. Thank you.

[Bobby+Umit 161]

Since he came here illegally, and had a deportion order placed on him, quite frankly, I am surprised he was allowed to even attempt to AOS and remain in the US (without waivers)

I guess you will have to wait to see what happens now you went to the 2nd appointment.

We have a very highly reccommended , highly certified immigration attorney who has cost us our life savings plus some and I feel confident he has done his job rigth...

He should be able to give you a better answer...

[thepizzadude 26]

Our attorney wants to sue them for taking so long cause we done everything right and everything they asked for and have proved ourselves. We have a nearly 9 yr marriage and 2 kids together and have honestly proved everything they have ever asked.

Is this the same attorney who didn't contact or tell you to contact them for the 2-1/2 years you waited without hearing anything after being told they would render a decision within 3 months.

Maybe you need a BETTER attorney who doesn't want to blame others because he didn't do his job.

[Eric-Pris 1,610]

I agree that this attorney is not doing his job. A good attorney would not let this go on for 3 years unanswered. But I guess as long as you keep paying... he'll keep waiting.

Edited August 10, 2009 by Eric-Pris

[CindyT 0]

The attorney has done inquiries every 6 months as they allow him to do. He is also the one who helped me do the congressional inquiry. Apparently there is nothing else we can do but wait,

I do feel he is a good attorney since he got us to the point of filing the I-485 and had the deportation dropped.

But as I am sure with many attorneys , you can only do so much before the government gives you the run around again.

His advice is to sue them and they will issue the card cause they have no reasons not to issue but we cant afford his fees right now although I do feel he should just do it for us since he was sure it would have came quickly also.

Was just looking for advice as to if a 2nd biometrics could mean the card will be coming soon.