Include history of AOS application?

[USC Wannabe 0]

Hi All,

I need help from you experienced people.

I am about to file for my son's AOS without an attorney. (The attorney we originally had just would not return our emails or phone calls, so I am thinking of going it alone.)

My question is: will it help or be necessary to include a document describing the following history and explaining why his application is much later than mine? (I am thinking of including a cover letter with a list of forms and materials enclosed.)

My son and I arrived in the US in Sept 08 under Visa Waiver. I married a US citizen in Nov 08 and immediately filed for my and my son's AOS.

According to my attorney, our paperwork just got left in the Chicago lockbox until Apr 09, and after they found it, my application went through but they rejected my son saying that the application fee was insufficient. We had paid $600 for I-485 for him as he was filing with me, but the papers got separated and USCIS did not realize that he was filing with his mother.

I got my GC in Aug 09. My son's authorized stay period had expired in Dec 08.

The application was resubmitted through the attorney in Jul 09, with an explanation to the above effect, and this time USCIS lost the paperwork totally, and we did not find the fact until earlier this year.

We filed again through the attorney in Jun 10 with a $930 fee (for I-485) since this time he is not filing with his mother.

It is 3 months now and we have received no word from USCIS. No e-notification either.

The officers on the phone and at InfoPass all ask for check numbers of the fees, but the attorney would not give them to us, thus we are thinking of applying ourselves.

But we lack experience, and for one thing, we want to know if we should include the above history. I am especially concerned because my son is not in authorized stay.

Thanks for any help!

[Bobby+Umit 161]

It sounds like the attorney didn't file at all. You should report them and try to get any fees refunded.

If you didn't get the NOA from the Jun 10 filing - I would be really concerned.

Be warned, USCIS has been cracking down on VWP AOS that occur after the period of authorized stay - hopefully you will not encounter this.

You could give a detailed account of the situation, it may help - but again, it's up to the person looking at your file.

Follow the guides above for doing the AOS and ensure you read the instructions carefully - however, since your dealing with an VWP overstay issue AOS, I would recommend you get a better lawyer, one that is skilled in immigration purposes, you may need one.