No Greencard for 8 years

[Godhelpme 0]

Me, my wife and 2 of my sons came to Houston, Texas in December 2003 fron India on a B1 visa, we applied for Permenant Residence, basically to gain our green card. Since that we have gained our Social Security Number and a Workers Permit. Our visa expired in Februrary 2004, our old lawyer never told us about the H1 visa and he never changed it, but like said before we managed to get our Social Security and Workers Permit in early 2008. Later in 2010 they denied our I-485, we applied through Labor, through a resturant. They denied for some reasons and one reasion was that we payed the amount of $475.00 late for I-140 fees (our I-140 was still was accepted), which is false because my lawyer has a receipt that shows that we have paid on time. Now since the deny, we can't renew our Workers Permit or our Driver License. My son is turning 16 soon and he always asks for a car, what can I tell him? Before I knew this problem, I enrolled him in Drivers ed, 3 days later he got a slip to get his Drivers Permit, but they denied it because his Workers Permit wasn't valid for more than 6 months, we were literally a week late. My lawyer is now filing a writ of mandamus. I work 11 hours a day, in my whole life, I havn't worked ever this hard, I always owned a business, but these laste 8 years have been the worst, I can't own a business because I might loose it, everyday I come home from work im a dead man in a living body. My 2 brothers had died and I couldnt go to their funerals in India, my wife's mom is always telling her when is she going to see her grandchildren, I might die soon, I am completely speechless, I see other people coming and gaining citizenship in 2 years or so... We have our case in appeal...My and my wifes drivers license expire on our birthdays in 2012, basically if nothing happens before our birthdays we are pretty much dead. What should I do? Do you think the writ of mandamus will be a success? I really don't want to move back, neither do my kids. There is literally nothing I can do but wait, bills keep coming from the lawyer and nothing is happening. Sometimes I even think if there is a God, but God help me!

[Brother Hesekiel 2,236]

Godhelpme,

there are several things that are troubling in your story.

1) There is no path from a B1 to permanent residence, short of marriage to a US citizen which does not apply in your case.

2) It's possible that your attorney initiated a switch to an H visa, but I'm not sure how he would done that with a restaurant as the corporate sponsor.

3) I would not know based on presumed eligibility your attorney promises to get you a Green Card. Do you?

4) It is not possible to come and gain US citizenship in 2 years.

[juliava 80]

Your lawyer has been taking advantage of you since day 1. You are currently out of status therefore you can't adjust status based on employment.

[JimVaPhuong 4,863]

Your post says B1 visa, but your profile says EB1. Which is it?

[Dakine10 5,452]

Me, my wife and 2 of my sons came to Houston, Texas in December 2003 fron India on a B1 visa, we applied for Permenant Residence, basically to gain our green card.

Please recheck the exact visa types you have had and clarify. Also when was the paperwork filed for the green card?

It's thoretically possible to go from a B1 -> H1B -> green card. You will have to be a little more specific with times and visa's that you have had. It's impossible to tell whats happening based on what you have posted.

[Godhelpme 0]

Dakine: Our lawyer didnt change our visa from B1/B2 to H1. Our visa expired when we were on B1.

Jim: I was on B1 im new to this site, sorry.

Juliava: Are you 100% sure you can't do it based on employment?

Just BoB: I saw your story of being a U.S. Citizenship really inspiring. I just don't know what to do. But I have a questions for you all, If my son joins the military when he is 18 what does he have to do? How long does he have to be in their for? Does he have to fight or can he be a cook or something?

I REALLY APPERICIATE YOU GUYS ANSWERING ME! THANKS!

[Godhelpme 0]

Another question for Just BoB: Can you tellme about the Green Card lottery? There is no way I can do it?

[belinda63 3,038]

Some answers. Son cannot join the US military unless he is an LPR. To adjust status through the lottery you would have to be in a foreign country and as soon as you leave the US to apply (if you won) you would incur the 10 year ban so even winning would be losing.

Sorry I don't have better answers for you.

[Godhelpme 0]

Belinda I really appericate you helping me, but can you tell me what is an LPR? I Google'd it but I am still having trouble understanding.

[Little_My 464]

LPR stands for Legal Permanent Resident - effectively, a person with a green card. Since apparently no one in your family is a green card holder, or a US citizen, the only way you could stay in the US would be if an employer offered you a job and was willing to sponsor you a visa. That would also be temporary though.

There is no way for you to legally adjust your status to a legal permanent resident - as unfortunate as that may sound. The moment you leave the US your whole family will incur a ban (well, your children might not, I think they won't start accumulating illegal stay until they are 18..), and that ban will make you inadmissable for the Green card lottery and inadmissable to the US for a period of ten years.

If your children are still under 18, my advice would be for them to leave the US as soon as possible not to start accumulating unauthorized stay and risk a ban as well - they can then, if they want to, for example return as students on an F1 or J1 visa.

I doubt anyone here can offer you the kind of information you probably would want to hear..

[Godhelpme 0]

Well thank you Mrs. Finland...We can appeal 3 times after a deny. So I am going to appeal 3 times before making my next move. I seen a case where they got denied 2 times and the 3rd time they accepted. Thank though :/

[Brother Hesekiel 2,236]

Godhelpme,

something is really, really wrong here. Since this is so extremely important for you and your family, why don't you take the time to list your immigration journey so far, precisely, when you came, with what visa, what your attorney filed for, when, and with which forms. There are some really experienced people on this board, many of which would like to bring light into the shadow (I think I referred you from Yahoo here to begin with), but we need information, real information.

I too have a weird feeling that your attorney was either not as competent as he should have been, or has just taken advantage of you for a long time.

[Godhelpme 0]

December 2003, we came to India on B1/B2 Visa

When we landed in Houston, they said we have 60 days of Visa.

Next we extended our Visa, we got Visa for another 6 months.

Than after 5 months we extended our Visa again and than we got the Visa until Feburary 2005.

In 2004 December we filed Labor certification through a resturant.

In 2007 they approved our Labor.

In 2008 the whole family (2 adults, 2 kids) got a workers permit for one year, and we also got a SS number.

Than we extended our Workers permits and we got another 2 years.

After that, our I-140 got approved.

Than in January 2010, we had a interview of I-485.

After 15 days of the interview they denied our I-485 because you didnt "maintain" your status and also they added that the fees for I-140 ($475) was submitted late, but our lawyer said that she submitted the fees on time and that she has proof which was a receipt (which I never seen) but she claims she has it.

Than our lawyer re-opened our case, but they denied it.

Than our lawyer put it on appeal, they denied it. Now our lawyer is subitted a writ of mandamus, and she said that we could appeal 3 times, so therefore we have 2 appeals left. We asked our lawyer if she can renew our workers permit but she said it wont work, so she didnt bother trying.

Now my license expires in May, and my wife's April if nothing happens within then we can't drive either.

THAT IS MY FULL SITUTATION!

[Godhelpme 0]

we came to the United States from India in 2003 I mean!

[Little_My 464]

So were you in the US on a B1/B2 visa from arrival (2003) to when you filed for the Labor certification (Dec 2004)? One thing that confuses me a bit is that according to my understanding, the maximum length of a B1/B2 visa is 12 months - but according to what you said, you were issued a visitors visa on arrival in 2003 (when, exactly in 2003, btw?) and then you were given an extension until February 2005, which would be over 12 months no matter when in 2003 you originally arrived.

You said you were denied because you were out of status - where in the process was that? somewhere between 2003 and 2005?