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KeratNY

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Posts posted by KeratNY

  1. 9 minutes ago, geowrian said:

    Entry with AP is always at CBP's discretion. They can choose to not do so and you're stuck with it. The other issue is if AOS is denied while abroad, in which case AP is automatically revoked. So there certainly is a concern/risk, but so long as AP was properly issued and there's no good reason for them to not let you back in (i.e. undisclosed criminal record, new crimes abroad, etc.). then the risk is incredibly small.

    Thanks. Yes it is always at CBP's discretion, and that fact alone scares people (AND lawyers who really should know better) away from doing it, but that fact also applies to LPRs too. Some people and lawyers think the risk is very high, which is demonstrably wrong. Which is why I'm curious what is underlying that. 

     

    I have faith that they almost always deny you for a specific reason and I'm curious as to what those could be, in this situation. Which is why I want to find a single thread where this happened and assess it, to learn the answer to that. Those potential reasons you outline above are in line with my thinking and helpful, as well as your conclusion that the "risk is incredibly small." And yet, the fear is pervasive and widespread, which appears to be a result of catastrophizing (which is human nature, I get it) rather than based in reality. 

  2. 15 minutes ago, BlessedAssurance said:

    Why are you so eager to find someone who was denied entry while holding AP documents?

     

    The AP allows someone to travel, and CBP are very familiar with it and what benefits accompany it.

    Curiosity. A lot of people in this situation are scared to travel, and STILL a lot of lawyers tell their clients not to travel on advance parole, or even to apply for advance parole, because of this fear. This fear must come from SOMEWHERE or it is totally irrational. So, I'm curious if there are stories out there people are reacting to. 

     

    4 minutes ago, Boiler said:

    Always struck me was that the bigger issue is being paroled in when you use AP rather than admitted.

    In what way?

  3. I know there are a lot of people on this forum who have been active readers and participants here for many months or even years. 

     

    Have any of you come across a thread here (or somewhere else online) where someone in AOS process was denied re-entry back into the US with an approved advance parole but before a green card was approved? Denied either because of a prior overstay, unauthorized employment, illegal entry (such as DACA where they receive advance parole) or anything else.

     

    There are a lot of people scared to travel in this particular situation, but try as I might I cannot even find one negative situation like this online from 2014 or afterwards. If there are, would be good to assess and learn from. So anyone who recalls reading something like this please point me in that direction. 

     

    Those who traveled on advance parole with a prior overstay or unauthorized employment, how did it work out for you?

     

    Thanks

  4. 4 hours ago, missileman said:

    but it is certainly the right of every constituent to contact his/her representatives.........and I join you in your concern that processing times are slow.  This painful process resulted in a year apart for my wife and me...

    Well we finally agree on something. I'm glad you guys are together now, and I sincerely hope processing times begin to move in the right direction. 

  5. 1 hour ago, PKKR said:

    I'm sorry to say but I don't think so. If you were a lawyer I could easily beat you in this case. I'm leaving this comment because future reader shouldn't get discouraged. Please avoid lawyer for simple cases  i.e.  arranging papers and giving a Courier service for thousands, Unless you've problem with reading and writing stuff. In bottom of my heart I already know it's a win but I'm still here for second opinion as it's always good to be confident but not overconfident. I cherish people who all are sharing their thoughts with me and deeply thankful to em, rest there are bunch of law firms in my city & I don't need lame obvious advise from someone on VJ to go there,  Good luck.

    How did you even lose this annulment case? Did you not use a lawyer? Seems like a simple one for you to win. Why couldn't you just say "I thought I wanted children and then I changed my mind" and won the case and gotten it changed to a divorce? (that wouldn't be "fraud" or "dishonesty" so you must not have put forth this argument.)

     

    The fact that you lost this case is very troubling and means you may not have what it takes to make a persuasive case for ROC. If indeed you did not get a lawyer the first time around, aren't you once bitten twice shy? 

  6. 5 hours ago, Ash.1101 said:

    Youre better off sending this information to a journalist who may put in the effort to research, than to a senators paperperson who is going to brush it off as complaining.

     

    Well, that is the Senator's job. Like, literally. To improve the federal government for her constituents. Don't believe me? Ask her! From her website:

     

    I am honored to serve the people of New York State in the United States Senate.

    My office will make every effort to assist you on a broad range of issues, provided that you:

    1. Are a New Yorker, and;
    2. Need help from a Federal Government agency

    We qualify on both counts. Sure they can brush all messages off as complaining. And her office could be just playing videogames all day. And they could hate all the people in their state. There are a lot of potential theories. Then there is the fact that she is encouraging people to reach out so she can do her job. So yea, that is what we're doing. 

     

  7. 6 hours ago, hispany said:

     

    But don't you get it? These ARE extenuating circumstances, OP is Canadian, and has legally studied, worked and visited the US before... Plus, he's been waiting for 7 months! 7 MONTHS! Never mind that he already has EAD and AP, he wants his green card, and he wants it NOW!


    And don't you get that he's not doing this for himself? He's doing this for the thousands waiting around the world. He is fighting the good fight for all of us. He is Ghandi, MLK, the Dalai Lama, and Mother Teresa all in one, fighting against the injustice that are USCIS processing times. Everybody is disagreeing with him because he's an iconoclast, he's a Steve Jobs, a Bill Gates; he's here to change the world for better. You just won't get it.

    Clearly you don't agree with the concept of reaching out to elected representatives about an issue. You know who does agree? Senators themselves! From her website:

     

    I am honored to serve the people of New York State in the United States Senate.

    My office will make every effort to assist you on a broad range of issues, provided that you:

    1. Are a New Yorker, and;
    2. Need help from a Federal Government agency

    So on one hand, I have an angry, irrational, insulting person who has misunderstood 11 posts that clearly say I know they will not do anything for my own application as I am well within processing timeline and that I am grateful and lucky to be in the position I am in; and on the other hand, the Senator herself who encourages New Yorkers who need help from a federal government agency (we qualify on both counts) to reach out to her. 

     

    I think I'll go with her and not you. Agree to disagree. You also need to work on your reading comprehension skillz. 

  8. 5 hours ago, .yana said:

    OP

     

    How come you think that the Senator's Office will look at your application & start tending to those who have waited a while rather than look at your application? If anything - the staff will review your application (most likely briefly), realize you're complaining about wait times, then look at your file & deem it within normal processing times. And - voila - your generic response is waiting for you in your mailbox. They way you approach this larger issue will not get it resolved or even talked about, I'm sorry. 

     

    I would save your email to the Senator for the time when your case is out of normal processing times, and you want to reach out to them so they can actually help you.

     

    My case took 1 year and 1 week. In comparison, people who filed in the same month as I did (or even later) received their green cards within 6 months at latest (I was the only person left in my specific subforum). Once my case was out of normal processing times (I can't remember if it was 9 or 10 months at a time), I reached out to my Congressman, and his office was able to get me a response as to what exactly was taking so long, and also get me an interview date.

     

    They are most definitely doing their job. But they will always focus on cases that have more urgency and more priority. From that perspective - your case will be at the bottom. And if you want to speak for masses - this is not a proper route.

     

    All the best.

    If you think there is a more proper route to effect change at a local office of a Federal agency, I'm all ears. Reaching out to elected representatives about an issue affecting said representative's constituents seems like the right thing to do, because, well, it's literally their jobs. Don't believe me? let's go to the source herself - from her website:

     

    I am honored to serve the people of New York State in the United States Senate.

    My office will make every effort to assist you on a broad range of issues, provided that you:

    1. Are a New Yorker, and;
    2. Need help from a Federal Government agency

     

    My wife and I fulfill both criteria to reach out to her to ask for "every effort" to assist her constituents. 

  9. 6 hours ago, missileman said:

    Since you are well within normal processing times, I actually don't think you have standing to complain now.

    Not sure how many more times I can explain this. Here's the sequence of facts:

     

    1) I have an application pending at the NYC Field Office (I am an interested party, affected by processing timelines ("standing") even if not admittedly damaged by it yet)

    2) As a current applicant, I am aware of some material facts regarding the slowdown in processing time for ALL applications at this specific office, both in comparison to past timelines and some other field offices

    3) My wife is a constituent of a Senator

    4) Said Senator may or may not know some background info and context regarding the recent developments at the local office in her jurisdiction of a Federal agency

    5) Senator has a website with a way to directly contact her office regarding issues or any message a constituent would like to send

    6) Wife uses said method and endeavors to inform her elected representative of the circumstances of the field office so she is aware

    7) Senator (or staffer) reads letter and understands this addresses an issue that affects thousands of applicants, not just the writer

    8) Senator takes no action, or a minor action, or a meaningful action, to attempt to help out thousands of her constituents (her "job") which either changes something at the Field Office or it doesn't

     

    You'll notice that not one action, fact, or sequence above is different whether my application has been waiting for 6 months or 6 years.  Therefore it is not relevant in this scenario. 

     

    Here's where that fact would be relevant:

    1) I have an application pending at the NYC Field Office (I am an interested party)

    2) My application is pending for 6 months

    3) My wife is a constituent of a Senator

    4) Wife endeavors to inform her elected representative that her husband's case is taking too long and they are impatient

    5) Senator (or staffer) throws the letter away because her husband's case is well within processing times

    6) Guaranteed that nothing of consequence happens to effect timelines

     

    You see,  the variable of my application's timeline is only relevant in scenario 2, not scenario 1.  And my current scenario is scenario 1 which you'll see has a more optimal conclusion than scenario 2. 

    1 hour ago, Orangesapples said:

    So you don't think it's barbaric to separate children from their families? I can't even imagine how traumatizing this is for the children. 

     

    And BTW, adultery is a crime in some places. I guess you support arresting people for that reason, too? 

    you and @Boilerquit hijacking my thread to discuss a political current event! There is a forum for that

  10. 1 hour ago, mcdull said:

    How Dalai Lama-y

     

    Indians will need to wait approximately 70 years to get an employment based green card, which is affecting 1.3 billion people. can you bring that to Kristen's attention and see what happens?

    I have no standing to do that. But I know that Indians are pretty vocal on this issue already. That is also a tougher issue to deal with because Congress only allows a set limit per country. So that is not a processing or logistics issue, but an issue of the actual law. My issue is vastly more simple than that and on a much smaller scale. Simply one office, one senator, and 1 defined issue. 

     

    Besides, one could tell them "don't complain, others are dying of opiods." Then tell drug addicts, "don't complain, you are not starving in africa." Then tell Africans "don't complain, there is genocide in other countries."  Just because there are far more important issues than mine doesn't mean I am not pointing out an actual issue. 

    4 minutes ago, Bill & Katya said:

    Agreed, that is why I suggested you should be more general when you state the amount you paid since not everyone paid that amount.  Stating a specific amount makes it sound like you are referring only to your case in my opinion.  I would put something like paying fees between 1200 to 1800, or something like that.

    Don't all AoS through immediate relatives apply for both at the same time? So it would cost that much for all of them. 

  11. Just now, Bill & Katya said:

    The OP didn’t specifically state that, but in response to that direct question (page 2), the OP stated it was not relevant.  Considering they paid what they did, I think it appears obvious, but apart from stating that specifically in a letter representing all NYC filers, I agree, it is not really relevant.

    Yes I am trying to write on behalf of NYC filers for AOS through immediate relative. I can't speak to other situations nor do I have the standing to do so. 

    30 minutes ago, Diane and Chris said:

    EAD and AP are free when filed with AOS

    Ok I got it, it is $535 for the I-130. I applied for them together. 

  12. 6 minutes ago, Coco8 said:

    Part of a legislators work is overseeing the bureaucracy. I'm sure she will care about the fact that the NY office is taking longer than other offices.

     

    I would change "complain" for bring to your attention.

     

    I would include the screenshot at the end, after the signature. You want to highlight that the timings are not normal and the screenshots makes it so that it takes longer to get to that part. You might want to use bold and say that the timings are twice or three the average timing (I didn't do the math, you should check that out and put something correct and mention the sources using footnotes).

     

     

     

     

     

     

     

     

    Thank you those are helpful suggestions and I will move the screenshot too. Thanks!

  13. 3 minutes ago, mcdull said:

    excuse me, what's affecting you?

     

    You have an EAD and AP, you are authorised to live and work here.

     

    the only difference is that your card is red, not green.

     

    and the only problem is that you can't bear the wait.

     

    I always reminded myself, in our country,it takes 7 years to get permanent residency. 

    I addressed and admitted all these points several times, including my very first post. I suggest you reread. In short, I agree I am not hurt by it. But I have standing as an applicant. And it is an issue for 10s of thousands of people NOW. I don't need to wait until I am at 14 months to bring attention to the senator now for their delays NOW. Not a delay to me. But a delay to 10s of thousands people at this current moment in time. 

     

    This logic is unassailable. 

  14. 1 minute ago, Ash.1101 said:

    They’re not saying the senator will roll their eyes, they’re saying the staff member that reads the letter will. 

    Well I can't help a rolling of the eyes. But, what is her job, and why does her website take submissions, if not to listen to the issues affecting their constituencies? If anything, I think they might throw away the letters that address only 1 person's case, not a letter that discusses the impact on 10s of thousands of cases. 

     

    Again we're talking about a tripling of the processing time here that affects 10s of thousands of people. That is a worthwhile message. It's not like I am demanding she step in and make it 3 months for everyone. That would be eye roll worthy. I just am doing my part to bring attention to the slowdown. 

  15. 9 minutes ago, mcdull said:

    I could just see Gillibrand's staffer rolling her eyes and tossing the paper into the rubbish. 

    Is that how you think Senators respond to their constituents for everything? Or do they usually care, even 1%, about an issue affecting 10s of thousands of their constituents? What is her job, and why does her website take submissions, if not to listen to the issues affecting their constituencies? If anything, I think they might throw away the letters that address only 1 person's case, not a letter that discusses the impact on 10s of thousands of cases?

  16. 1 minute ago, Ash.1101 said:

    Actually there’s been plenty of people who have had their cases expedited by saying MY case Is XYZ. The senator never responds back, but their case magically gets done before others who sent in before them, or MUCH a faster than normal processing times. It’s seen a lot here on VJ.

     

    which again is why I’m saying I’m not against writing your senator, I’ve seen it work, but these people pleaded. It wasn’t a nice formal letter, it was desperation and 99% of the time it was justified.

    Sure. My situation is different from them and my letter is different from theirs. I am not asking for a second of help on my own application. I am not desperate. I don't need to plead for anything. I am good with my case. But I am merely bringing attention to a wider issue than me specifically and I think that is a message worth conveying. 

  17. 13 minutes ago, hispany said:

    @KeratNY 

     

    a) You're well within normal legacy waiting times (let alone current ones).

    b) You already have EAD and AP, meaning that you are not suffering from any inconveniences due to the process.

    c) You have written an obnoxious, condescending letter that wreaks of entitlement, and plan to send it as if it was written by your citizen spouse, essentially attempting to utilize her privileges as your own.

     

    To me, like to most people in the thread, you sound entitled and grandiose.

     

    Keep it real, take advantage of your EAD by getting a job, and wait in line like everybody else.

    I have addressed all these points ad nauseam and you are choosing to ignore them. Specifically, I have agreed to a) and b) from the very beginning. So making the point I have already made several times is not advancing your case. I'm guessing I'm not the first person to tell you this in your life. 

     

    C) is your opinion and if you have specific commentary on what sounds like that I am happy to incorporate. Any sort of complaint letter to a congressman, from pollution to corrupt cops to rambunctious teenagers is gonna sound somewhat condescending because you are asking someone else to fix an issue. 

     

    I am happy to sound obnoxious if it means a Senator is aware of the issues at the local office at a federal agency and she can decide what to do from there. But I tried to back up my sentiments with some numbers and hard facts. 

     

     

     

  18. 45 minutes ago, missileman said:

    While I concur that immigration processing times are longer than any of us would like, I doubt that a complaint from someone who (1) has not been been forced to be apart from their spouse due to the process and (2) is only 6 months into the process.....will get much attention......but good luck in your quest.

    But are you saying a letter from that person drawing their attention to a community-wide issue will be ignored simply because that person is not hurt by it yet? I agree if I was saying "MY case is taking too long, please help MY case" that they would ignore it. But telling them an entire office has seen a major slowdown just needs to come from someone who knows that is the case.

     

    For instance if your dog has escaped off his leash and run out of your yard, do you need only someone bitten by your dog to tell you that it has escaped? Or if someone who merely saw the dog down your street notified you, you would pay attention to that message? 

     

    You don't need to be personally hurt by something to draw attention to it and make people aware of it. You just need to be affected by it - ie "standing." I have standing as an applicant. 

  19. 30 minutes ago, Ash.1101 said:

    I don’t think anyone disbelieves in the ability to communicate, as we are all capable and able to do so and many have done it before, I think that most people don’t believe in the communication actually making a difference. 

     

    I do do believe you would make more of a difference making immigration wait times public. Writing a blog about it, making YouTube videos about the basic and normal things you go through as an immigrant. I believe showing the public what legal immigration is, something they are heavily ignorant to, has more of an affect than writing a senator and expecting a preprinted response.

    Yes I agree there is more to be done than a simple letter.  But one of my favorite quotes is "don't let perfect be the enemy of the good."   In other words just because there are better things to do does not make this smaller action worthless. 

     

    I expect a preprinted form response. But I also think there is non-zero % chance the sentiments behind the message eventually gets to the Senator. If so, then I will consider that a victory for my action. Another good quote - "A journey of a thousand miles begins with a single step." I feel that step is worth taking. 

  20. 8 minutes ago, jesserz said:

    That's a very nicely written letter. It would be awesome if everyone wrote letters and got some changes going. It shouldn't take so long. That there are people insinuating that it's somehow selfish to want a faster process is mind boggling. It's the American spirit to try and change things we don't like rather than just sit and take it; or to simply be grateful because it even exists at all. Yes, it's lovely that we can immigrate to the US and be with someone that we love; but would't it be lovely if it didn't take so incredibly long? Wouldn't it be great to revamp the system? 

     

    Great letter! Give 'em hell! 

    Thank you! Yes, this is written out of the belief that in general if everyone wrote letters then that would instigate change. And this process can stand to be improved. Simple as that. 

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