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Posted

one for greencard and one for work permit.

my greencard was denied because of over stay. ..my lawyer send appealed for my greencard.

does anyone know how long does it take to hear for the appeal??..

Ask your Lawyer --he is qualified to answer your question , and that is why you are paying him/her for thier services .

-400 CITIZENSHIP TIMELINE

01-17-2015 = N-400 packet sent (to P.O. Box Dallas via USPS Priority Mail)
01-21-2015 = N-400 packet delivered
01/25/2015 = E confirmation / Text received

01/26/2015 = Check cashed .

02/02/2015 = NOA1 received (Priority Date 01/21/2015)
02/09/2015 = Biometrics Letter received .

02/18/2015 = Biometrics

02/20/2015 = In line for interview

04/10/2015 = Interview Letter received .

05/11/2015 =Interview .

05/11/2015 = Passed Interview
07/01/2015 = Oath letter received
07/24/2015 = Oath Cerememony

Filed: K-1 Visa Country: Vietnam
Timeline
Posted

If you had to wait until your "visa got current" then it sounds like you were over 21 by the time you filed the I-485. If this is correct then your visa category is family preference F1. Only someone adjusting status in an immediate relative visa category may do so without having current lawful presence. Everyone adjusting status in a family preference category must be lawfully present at the time their I-485 is submitted.

If the above circumstance are correct then your lawyer is milking you. You aren't eligible to adjust status, and USCIS was correct in denying it. Your appeal will also be denied.

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

Filed: Timeline
Posted

when i filed for greencard i was under 21...when i got called for my greencard interview i was over 21...and im still in the category of under 21...

i have no idea what is my lawyer doing...is been about 1 1/2 year since i have appealed it..

Filed: Citizen (apr) Country: Ecuador
Timeline
Posted

You "GO TO MY LAWYER EVERY WEEK" yet "i have no idea what is my lawyer doing"?

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(!).

Filed: K-1 Visa Country: Vietnam
Timeline
Posted

when i filed for greencard i was under 21...when i got called for my greencard interview i was over 21...and im still in the category of under 21...

i have no idea what is my lawyer doing...is been about 1 1/2 year since i have appealed it..

Then why did you have to wait until your "visa got current"? People in an immediate relative category do not wait for their priority date to become current. Only people who are in a family preference category have to wait for that.

If your dad was a US citizen when he filed the I-130 (which you previously indicated was the case), and if you were under 21 when the I-130 was accepted by USCIS, then your age would have been frozen when USCIS accepted the petition. You would not have aged out, and your unlawful presence would not be relevant. It doesn't make any difference when you file for the green card. It only makes a difference when the I-130 is accepted.

Was your dad a US citizen when he filed the I-130? How old were you when the I-130 was accepted (i.e, the priority date)?

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

Filed: Citizen (apr) Country: Peru
Timeline
Posted

I sent my i 130 when my dad was a resident in 2007 (i was 15) it got approved. I'm 19 and my dad became a citizen, and sent my i 485 and i 765 last month, no sign of denial. There has to be more to it to your case than just that. correct me if I'm wrong. and your lawyer should have the answers for you :unsure:

09/12/2011 Got medical done

09/15/2011 Went back to doctor to get PPD read

09/15/2011 Sent package via express USPS at 5:30 pm

09/16/2011 Email confirmation of delivery to lockbox in Chicago

09/20/2011 Email/text from USCIS

09/20/2011 Cashier's check cashed!!

09/21/2011 Touch (for what?, I don't know)

09/27/2011 2 NOA1 in mail! Dated: September 20, 2011 (I485 & I765)

10/03/2011 Biometrics letter in the mail. Dated 9/28. Appt. for 10/26.

10/04/2011 Biometrics walk in- Successful!!!!!! 

11/09/2011 Text/Email stating EAD card is in production 

11/15/2011 EAD Update

11/16/2011 Approval of EAD sent by mail

11/18/2011 EAD in hand

11/21/1011 Applied for SSN

11/26/2011 Social Security Card in the mail!

--/--/2011 Interview

02/16/2012 Date when P.R. began

12/22/2016 Mailed N400 forms Dallas Texas

12/30/2016 USCIS received N400 application (Texas Lockbox)

01/09/2017 Credit Card charged $680

01/11/2017 Notice date

01/15/2017 Notice date for biometrics appt

01/31/2017 Biometrics appointment at West Palm Beach ASC

02/03/2017 Notification (online) - Application in interview process

07/25/2017 Text notification that my case was updated. Interview scheduled! Waiting for letter with interview date. 
07/31/2017 Letter received in the mail! Interview date: August 31, 2017. Notice date: July 26, 2017

08/31/2017 Interview - Approved - Oath letter given to me same day

09/07/2017 Oath Ceremony! 

 

Filed: Citizen (apr) Country: Peru
Timeline
Posted

That makes no sense. What I know, is that when you file, as soon as your dad becomes a USC your age "freezes" so by the time of the interview, it shouldn't have mattered. Maybe, you filed under the wrong category?

09/12/2011 Got medical done

09/15/2011 Went back to doctor to get PPD read

09/15/2011 Sent package via express USPS at 5:30 pm

09/16/2011 Email confirmation of delivery to lockbox in Chicago

09/20/2011 Email/text from USCIS

09/20/2011 Cashier's check cashed!!

09/21/2011 Touch (for what?, I don't know)

09/27/2011 2 NOA1 in mail! Dated: September 20, 2011 (I485 & I765)

10/03/2011 Biometrics letter in the mail. Dated 9/28. Appt. for 10/26.

10/04/2011 Biometrics walk in- Successful!!!!!! 

11/09/2011 Text/Email stating EAD card is in production 

11/15/2011 EAD Update

11/16/2011 Approval of EAD sent by mail

11/18/2011 EAD in hand

11/21/1011 Applied for SSN

11/26/2011 Social Security Card in the mail!

--/--/2011 Interview

02/16/2012 Date when P.R. began

12/22/2016 Mailed N400 forms Dallas Texas

12/30/2016 USCIS received N400 application (Texas Lockbox)

01/09/2017 Credit Card charged $680

01/11/2017 Notice date

01/15/2017 Notice date for biometrics appt

01/31/2017 Biometrics appointment at West Palm Beach ASC

02/03/2017 Notification (online) - Application in interview process

07/25/2017 Text notification that my case was updated. Interview scheduled! Waiting for letter with interview date. 
07/31/2017 Letter received in the mail! Interview date: August 31, 2017. Notice date: July 26, 2017

08/31/2017 Interview - Approved - Oath letter given to me same day

09/07/2017 Oath Ceremony! 

 

Filed: Citizen (apr) Country: Iran
Timeline
Posted (edited)

If you are an unmarried child of a US citizen who was under 21 at the time the I-130 was accepted (which you indicate all is correct except the unmarried part is not mentioned) then your overstay would have been automatically forgiven and your adjustment of status would have been approved.

I strongly suggest you contact your attorney and obtain a copy of the denial letter to determine exactly why your AOS was denied. Waiting 1 1/2 years to hear the results of an appeal is unacceptable and you need to find out exactly what your status is, why you were denied, and what the current status of your case is.

Edited by belinda63
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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