korat2michigan

Hi...Please add me in this July Fliers too...Here's my info;

Date of I-751 = 07/16/10

NOA Date = 07/19/10

Biometrics = 08/10/10

Correct the day she got the 10 yrs GC....

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March 19, 10.......Received 10 yrs GC in the mail.

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Update my friend's case.

1 yr late to file I-751...so her lawyer suggested her to file other forms.

The beginning of December (maybe 1st), the lawyer filed forms as follows ;- I -130 ,I- 485, I- 765

December 7,09.......She got the notice for those 3 forms from USCIS said they received them.

January 11, 10.......She got the finger print appointment letter.

January 25, 10.......Fingerprint!! The officer found out that she filed the wrong form (not I-751). They discussed about this with the supervisor and he said the same thing. They said she had to file I-751 and do not pay more to the lawyer 'til it's fixed! Go back and talk to the lawyer. ( She hasn't talked to him yet.)They let her have fingerprint and photo today because she got a letter notice.

January 26,10.......While her head was still spinning around, she got the interview appointment letter in the next day!!...for the completion of your Application to Register Permanent Residence or Adjust Status (Form I-485)

February 5, 10.......She received Employment Authorization Card by mail.

March 9,10.......Interview day and all went well. They took her 2 yrs GC and EA card.

March 16,10.......She got the letter confirmation that her case has been approved and 10 GC will arrive within 3 weeks.

March 16, 10.......Received 10 yrs GC in the mail.

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Thank you for all supports and comments.

Thank you for all comments. Really appreciate that...I am sure she can feel more relaxing now.

Actually re-filing the I-751 and getting it approved will bring you to exactly the same place as refiling the I-485, but there is a far greater likelihood of the I-485 being accepted than the I-751, especially as it is a year late. There is a grace period of about 60 days when filing the I-751 if there is a good reason that is accepted by the Immigration Officer reviewing the case, but after that the case usually goes into deportation transactions. The friend of the OP really does need to find out if there has been a deportation ruling made against her yet. If she hasn't moved then she should have received any such notices sent out by USCIS to appear at a deportation hearing. If there is no action yet taken against her then she should be fine filing the I-485 and it most likely would be approved.

Kathryn41....Here's the only one mail she received since Feb 09...

Dear XXXXXX

Review of the records of the U.S.Citizenship and Immigrations Services reveals that you were adjusted of admitted to conditional resident status on November X,2006

In accordance with the provisions of section 216© of the Immigration and Nationality Act, you were required to file a petition requesting removal of the conditional basis of your residence during the 90 days period before the second anniversary of your lawful admission for permanent residence, between August 2,2008 and November 2,2008. As of this date, no such petition has been filed. Therefore, in accordance with the provisions of section 216 © (2)

(A) of the Immigration and Nationality Act, the permanent resident status previously accorded you is hereby terminated as of the second anniversary of your lawful admission for permanent residence. August 12,2003. All rights and privileges that you derived from that status, including the right to reside and work in the United States, are terminated concurrently.

In accordance with section 216 © (2) ( B ) of the Immigration Nationality Act, you may request review of this determination in removal proceedings. However, the burden of proof will be on you to establish compliance with the requirement to file the joint petition required by section 216 © of the Act. If you choose, an attorney or other individual authorized and qualified to represent persons before the U.S,Citizenship and Immigration Services may represent of you in such proceeding at no expense to the Government. Such counsel may assist in preparation of our request for review and hearing, and may examine the evidence upon which this determination is based. If you desire a review of this determination in a removal hearing, you should present any affidavits or other evidence that you desire to have considered at such hearing. If any document is in a foreign language, you should bring the original and certified translation thereof. If you wish to have testimony of witness considered at the hearing, you should arrange to have such witnesses present at the hearing,

Sincerely,

xxxxxx

File Office Director

So did she marry a new guy or not? If not, I don't think what the lawyer suggested will fly. She should have filed the I 751 late with an explanation as to why it was late.

Even if she did marry someone new, I'm skeptical of that approach, but would hope an attorney would know what they were doing.

No...She still lives with her husband. No new marriage....Their marriage life is cat and dog. I hope that lawyer knows what he is doing too. They just filed all forms yesterday. When she told me about the forms they filed, then I started to research....and want to find from more resources too...

Thanks for your comment!

My friend failed to file I-751 and her 2 yrs GC was expired for 1 yr now.( She came with K1) Her first lawyer neglected to file the application then she hired the new lawyer. Her marriage life was not smooth before but seems all right now. Her husband helps to joint to file finally. One thing I don't understand and am not sure if it's true or not...Her new lawyer said she couldn't file I -751 at all because it's too late. Then he decided to file for adjustment of status based on a new marriage. (Just like she never got any GC.) He filed these three forms for her;

- I -130 = Petition for Alien Relative $355

- I- 485=Application to Register Permanent Residence or Adjust Status $930

- I- 765 =Application for Employment Authorization $340

He told that she will get the notice for those three forms soon..then biometric...then interview and she will get 10 yrs GC in 5-6 months blah blah blah He asked her for a new medical exam with the sealed envelope to file with the package too!! She has to spend about $4,000 for this lawyer.

As far as I know, we can file I-751 late but we must have the good reason to convince the USCIS...Also from the instruction of Form I 751 P.1 also shows that "...if your failure to file was through no fault of your own, you may file your petition late with a written explaination and request that USCIS excuse the late filing. ..." http://www.uscis.gov/files/form/I-751instr.pdf

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Has anybody heard about the solution like the new lawyer did? File I-130, I-485 and I-765 to get 10 yrs GC... Possible?!?!

Thanks for sharing what you have known.

Exactly right. How could she possibly rest on her laurels while seeing no progress on her case escapes logic. WOW.

As far as I know she contacted her lawyer sometimes while she kept waiting...The lawyer always said nothing was updated and she believed that...because she always thinks her case is not easy..... She knows it's her fault too that let this problem happens and try to find the way to go on.....

Okay, people, is it just me, or do you all miss the main point?

Forget that the I-751 hasn't been filed within the allotted time frame.

Forget that the OP has no money for another lawyer.

Forget that her husband isn't a nice guy.

The main point is this:

Either a couple is still married and files jointly, which would require that the marriage is still intact and happy, or the GC holder files singularly, which would require that the USC spouse is either dead or they are divorced.

None of this is the case. There is no option to file for a married couple that is engaged in a marital war, yet not divorced. No lawyer has a base to file for his client under such conditions. USCIS will at some point consider the residency abandoned and initiate removal proceedings. When a court date in front of an immigration judge takes place, the OP or her attorney can ask for the removal proceedings to be put on hold until a divorce decree is at hand. That's the only way the game can be played at this time. In short, either happily married and filing jointly, or already divorced and filing singularly. There's nothing in between.

Correct me if I'm missing something.

Thank you "Just Bob" for this points.

If the marriage was 'over' even before she filed for the removal of conditions, why didn't they just divorce? Why did the husband need to 'help' her remove conditions? If it was a valid marriage to begin with...then the normal documentation necessary to remove conditions should have been present by the time removal of conditions was necessary. Does she know that she can remove conditions even if she divorces?

.....

Why did she wait from April until now to realize that the money order was not cashed, i.e. petition was not filed? Did she not do AOS, to remember/know that the NOA1 from USCIS should come shortly after the petition is fled? When did her GC expire, before of after she hired the lawyer back in April? I guess I'm just confused as to why she waited this long to follow-up? I realize that one puts their faith in the lawyer and expects that when they hire said lawyer, things will be handled properly by/him her....but the petitioner still has to be pro-active and follow-up...especially is there is no information forthcoming from the lawyer as to status.

.......

She needs to concentrate on fixing the mess she's in. Forget about suing the lawyer. She is with an expired conditional green-card. The ROC needs to be filed as soon as possible. Go to the lawyer's office, get the documents from him....update it with any additional evidence (if applicable) and file the petition.

Thank you Minya's wife....Believe me...I had many "why" questions too when I heard this story... Hard to believe but it already happened....

Update what she found out at the lawyer office;

The lawyer still lied to her that she filed her case in May. The USCIS sent the package back 2 weeks ago. It's not approved. My friend asked for the disapproved letter. The lawyer refused to show it to her...but gave her the letter from USCIS that sent to remind my friwnd to renew her 2 yrs GC instead as it over due. The lawyer said that she got this letter from immigration. (In fact my friend gave it to her on the first day.) The lawyer still said my friend didn't give it to her. She got fromt he immigration. If she saw this letter, she wouldn't do my friend's case. Waste her time!! And asked if my friend thinks she didn't file the case??....Also she told my friend to contact the court (she handed the envelope that has the court address shown). My friend asked who she will contact then. The lawyer said I don't know...When my friend asked for the document back. The lawyer said "Perfect!" and gave her 3 or 4 original papers back. When my friend walked away from the office, the lawyer still said sth on her back blah blah blah....sth like wasted her time......

I asked my friend why she didn't tell the lawyer that USCIS never cashed the check...so it means the lawyer never filed the case. She said she is so upset and doesn't want to hear more lie....

She will find the new lawyer and file the case ASAP.

It sounds like there may be some allegations of abuse in this case. That changes the deal quite a bit. It also doesn't sound like this girl has the funds to go after the lawyer, or hire another one. Perhaps she should slow down and find out why the case hasn't been filed. Maybe the lawyer will feel bad and press on.

I wouldn't get carried away too quickly here. The lawyer has been paid and the husband isn't going to fill new papers. I don't think she needs to end up with this stack of old forms trying to go it alone with advice from VJ.

BE PATIENT, find out what happened, and see what the lawyer suggests as a path forward..

You are right. There's abuse in her case. That's why she needs the lawyer to help.

I hope she can get some answer from the lawyer today " why she didn't file her case? "

She feels desperate..first from her husband and now from this lawyer. huh!!

Thank you for your advice. I will tell her to be patient.

before you sue the lawyer collect all t he evidence about lawyer and file fot grivience via state bar. You can find more info from the state bar web site.The lawyer has to answer that.

File for ROC ASAP with the letter explaning the situation. You will probably get a RFE and bunch of other things along with 87 days of submitting divorce decree.

Make an info pass and findout from first hand.

Some lawyers accept credit cards, if you find a good one who takes such a a payment consult with him.

Sorry to hear your situation but always make sure the get a copy of documents which is filed for your behalf including copy of certified mail.

Thank you ebruli....I hope "Sueing the lawyer" will be the last thing...Anyway she will go to the lawyer office today and I will update what's going on....

PS to above comment by me:

The prognosis on filing a complaint with the ABA is not good. I was told by the ABA that is a complex process (not unlike a visa application)

and you will be your own lawyer (but another one you hire would be going against professional courtesy to do so) and it would take a year.

There are other posts about adjustment of status that may be able to help you on this topic and other members more qualified than I to comment on that.

Thnx Thong4me...In fact sueing the lawyer is not what she wants to do...waste time and money...The moment she knew what she is waiting for everyday is "ZERO", it really hurt her...and doesn't know what to do with this lawyer.

What I can help her is finding out good advice from people who might have more experience from here...and pass along to her.

Khorb Khun Kha

Residency expired. Separated from husband but not divorced yet. How would her lawyer file for her? Sue the lawyer?

Residency expired. Separated from husband but not divorced yet.

A: They still live together with the miserable life... He doesn't offer the financial support at all. She has to go out to work with friend (though visa expired) in order to save some money to pay the cheating lawyer and to spend for her own...waiting for the 10 yrs GC. Her husband helped to prepare all document to file for 10 yrs GC. Threw all doc at last mins after buying the time til it's expired! But it's already late to file anyway. He helped her with the condition that he will divorce her after her 10 GC arrives.

How would her lawyer file for her?

A: The lawyer said it's fine with this case and prepared many evidence to show why they will file late (police report, hospital record, friends and neighbours notes etc as their marriage is not smooth as a silk before...) The lawyer cash was paid. Everything seemed to go well except the lawyer didn't file it for her.

Sue the lawyer?

A: No idea...Any advice?

does your friend have documentation of her visit to the attorney and/or the attorney's intention to do the work she/he was supposedly hired to do? that may help when it comes to proving your friend's claim as to why she didn't file to remove conditions sooner...

I asked her and she said she has all the copy also the payment evidence...On Monday she will go to the lawyer office and at least she might write the complaint to that lawyer's boss...

Thank you to remind this point...

My friend decided to hire the lawyer to help her case after she has a problem with her husband (and still does) and also her GC was expired for a few months at that time. She wants the professional to help to make sure everything will be all right. She contacted the lawyer and agreed to hire her to file the application since Apr. She contacted that lawyer sometimes but still no updated. Then last week she checked the money order and found that it never cashed! But she already paid for the lawyer. She contacted the lawyer again and sure it is...The lawyer never filed the application for her. (Reason??...Nobody knows!! Neglect? ) She will go to her office this Monday to ask for all document from this lawyer;

I have some questions if anybody can give the advice;

1. What should she do with this lawyer?? Sue her or not?? Or just walk away and lose money?

2. Can she file the application with old document (not update with date since Apr.) because her husband will refuse to redo all of those doc.. Now he waits to divorce after she gets 10 yrs GC. He hasn't known about this horrible lawyer story yet. First he didn't want to help with document to file it but wanted to send her home instead as he did with his ex-wife. But my friend doesn't let him kick her out easily. She wants 10 yrs GC and starts her new life by her own.

She will file the application ASAP but doesn't sure how updated the document should be.

Thanks for all advice,

It's time for my friends to file I 751 but she is not sure about the fee that she has to pay for her 11 yrs kid. Is that the same rate.... I-751 = $465 (plus $80 biometric service fee) = $545?

Thanks for your answer.

If you include the child in part 5 of the I-751 you only pay an additional $80 biometric fee for the child.

Total $625.

Thank you for your answer...

Check out this link, it might help;

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

Yep..I got it now..Thanks

It's time for my friends to file I 751 but she is not sure about the fee that she has to pay for her 11 yrs kid. Is that the same rate.... I-751 = $465 (plus $80 biometric service fee) = $545?

Thanks for your answer.

Shouldn't be an issue at all. The I-864 provided by her US citizen sponsor is still in place.

Is she has no legal status, then she has no ability to work. However, once the I-751 NOA is received it extends her status as a PR, regardless of any expiry date on the green card. She would then be work authorised.

Thanks diaddie mermaid,

I am not sure if I understand correctly or not "The I-864 provided by her US citizen sponsor is still in place". It means she doesn't need to file it with I 751 because immigration will use his old forms?? Right?

.......I know is very tough on her, she wants to get away from him because he's making her life miserable. It is time to play smart! As long as she is living with him, if he does anything against her, she can and have to have him arrested. Keep the digital recorder on her at all times but make sure he doesnt know or notice it. Get a cell phone of her own (for emergency cases).

If he gets physically violent with her, call the police, he'll be arrested, press charges, then she will have an order of protection against him. He'll have to move out and stay away from her. Then she can file for divorce and stand a good chance of getting it.

If he really decide to sign a divorce so easy and soon, that's fine, but make sure he will give her an affidavit / letter stating their marriage was for real and things just didnt work out between them and they decided to go their own ways.

Good luck!

MihaelaNYS,

What an affidavit/letter is? It's only the letter we can prepare for him to sign or it's an affidavit form somewhere...

Thanks again for additional info...

I also have questions about this issue if you will kindly suggest me more.

1. If she doesn't have any financial statement to show when she files I 751 with a waiver, will that be a problem??

2. She wants to look for job (but her GC was expired). Should she keep going or wait til the divorce is finalized and get NOA 1 after filing I 751?

3. We talk about her hardship to find a job so one of my friend suggests that we should send her money checks to her bank account. So she can show that she has the income. ...I don't think so. I think her income should be paid for the tax too...from the authorized employers not from us. Am I right??

4. As first we think when she files the divorce , she will move around to stay with friends. It might not be a good idea now if she has to look for a job. As each friends don't live near the others. We never know if she will get a job or not. She has tried n tried n tired before since the GC was valid. In the reality if she stays with only one friend too long, it might make friend and family feel uncomfortable too. We want to help but we also don't want to be like the blind helps the deaf.

HappyOne, MihaelaNYS,

A bunch of thanks with your suggestions. I will let her know about this too. Luckily she can use the internet from the library sometimes so she can read all these suggestion from her e-mail. Let's see what we can help her. Now I see that we can use the police service...It might be a good idea. Not only shut down the internet modem, he also holds the gun in the house too. I heard that they make agreement to divorce next week. Hope it will OK if he keeps his words to do that.

Thank you Oosie. I will find out more info about the service you suggested. Now some of my friends and I start to give our hands to her. We talk about money collection to hire the lawyer...and also search for more about the Divorce Law, low cost legal service and safe places for her to stay in case the situation is worst. ( We are willing to offer her a place but not sure if that will be illegal? If not, we will keep thinking about this and make the schedule so she can move around to live with our friends while her divorce process is going.) Her husband cuts her chance to access the internet right now. So we can reach her at mobile only but...maybe no longer..cuz he will not pay the bill. We told one friend who lives not far from her to print out some info so that she can read and know what to do next. Fortunately, there're still some ways out there to solve the problem. But it just starts!!

Today I just heard the shocked news from my friend about her problem. She hardly speaks it out 'til it's at the dead end. Then she opens her mouth!! I hope it's not too late for her to solve all this trouble. Her husband wants to divorce. He refused to sign the paper for AOS to remove conditional 2 yrs GC 'til it's expired at the beginning of this month. He said he will divorce certainly but not now. He wants to send her back home first and then apply for the divorce later after she is away from him for 3 months. He did exactly the same thing with his ex-wife!! He said if she doesn't go back, he will call the police because her GC was expired. She is unemployed and no savings to hire the lawyer. She doesn't want to go back home. Is there any way to help her with this issue??...

After I heard this story, I don't want to find out whose fault it is. Hope neither do u. But I try to find the good solution for her instead.

Thanks for all helpful suggestion!!

Congratulations!!!

Awsome. Congrats!!!

Thank you KC♥MP and Tim Y