nanagingham

Please if you're not willing to help, don't. Yes, i don't really understand all these and I have a lawyer and I trust him, but i just need a second opinions like everyone else as other people have different experiences and opinions or solutuons which I'll bring it up to my lawyer.. 2 heads is better than one. And please don't judge me and lecture me on what I should do. I'm here to seek advice and opinions.

Thank you all so much for the inputs. i guess I'll consult with a few other lawyers before i make any decison.

Yes, we did file for MTR within 30days afer my AOS was denied back in Feb. With the MTR, i guess my lawyer submit a waiver too with new evidence. I really think we have a good amount of evidence and documents when filing. And we did prove the hardship because we got a a letter and a report from a certified psychologist. This is what I don't understand why my MTR and Waiver were denied based on lack of evidende. The letter also said that "I commited misrepresentation of material fact during the interview, therefore my MTR is denied." How is it possible? Isn't this the whole purpose to have MTR so that they will reconsider my case with the new evidence? It seems like the USCIS people didn't look at the new facts at all. I really want to bring this to federal court for consideration but my lawyer said it's a 50/50 situation. I might be granted a green card or i might be order for deportation. Is it true? Is it safer to just reapply and present all the evidence? I'm so confused

Ok, sorry for all this confusion, but here's the order ans i hope it'll make it easier:

1) Came to US 10 years ago to attend college, graduated in 2000 got OPT for a year and didn't leave the country.

2) Got marry to a USC in June 2006

3) Applied for AOS

4) Went to interview in Nov 2006. Didn't admit of being arrested because when i was caught stealing a shirt back in 1997 (i was 20 yrs old) the judge told me that since it was my 1st time, just pay a small fine and stay out of trouble and I'll be fine. I thought that means I don't have a record and have been a honest person since that incident.

5) My AOS was denied in Feb 2007 saying MISREPRENTATION OF MATERIAL FACTS. My lawyer advice me to reapply or file for a motion to reopen and a waiver and present all the evidence, affidavits from friends and employer and even an evaluation from a psychologist to prove extreme hardship on my USC spouse. We filed for motion to reopen.

6) MTR and waiver was denied saying that i didn't provide enough evidence. The letter didn't say anything about apealing or deportation. The reason of the denial was very vague and I think it was missing a page the last sentence on the 1st page is stop at mid sentence.

Now, i don't know what to do. Can I start the whole process in reaaplying the AOS or go to federal court to fight for it. Or there's nothing i can do about it. I regreted what i did and I'm very scared. Thank you so much for taking the time to help.

I think i trust my lawyer because I always ger result back from USCIS within 3-4 months after the filing process. I just want to get a second opinions of what I can do or what I should do. I don't want to spend any more money that I've already spent because I want to make the right decision before filing again.

Ok, sorry for all this confusion, but here's the order ans i hope it'll make it easier:

1) Came to US 10 years ago to attend college, graduated in 2000 got OPT for a year and didn't leave the country.

2) Got marry to a USC in June 2006

3) Applied for AOS

4) Went to interview in Nov 2006. Didn't admit of being arrested because when i was caught stealing a shirt back in 1997 (i was 20 yrs old) the judge told me that since it was my 1st time, just pay a small fine and stay out of trouble and I'll be fine. I thought that means I don't have a record and have been a honest person since that incident.

5) My AOS was denied in Feb 2007 saying MISREPRENTATION OF MATERIAL FACTS. My lawyer advice me to reapply or file for a motion to reopen and a waiver and present all the evidence, affidavits from friends and employer and even an evaluation from a psychologist to prove extreme hardship on my USC spouse. We filed for motion to reopen.

6) MTR and waiver was denied saying that i didn't provide enough evidence. The letter didn't say anything about apealing or deportation. The reason of the denial was very vague and I think it was missing a page the last sentence on the 1st page is stop at mid sentence.

Now, i don't know what to do. Can I start the whole process in reaaplying the AOS or go to federal court to fight for it. Or there's nothing i can do about it. I regreted what i did and I'm very scared. Thank you so much for taking the time to help.

Well, i guess I just want to know if I'm doomed. Do I stand any chance to reapply or am I inadmissable forever. I thought the whole reason to motion for reopen is so that i could resubmit all the necessary evidence that i missed during the interview. How can they deny the motion to repoen and the waiver. Please help

Thank you. thank you. I'll try to talk to Laurel scott before i decide.

Thank you so much KitKat for your advice. I guess I didn't explain it well. Basically, my green card was denied because I didn't provide my disposition of arrest at the interview and since it's been 10 years i didn't think it matter because it was a small amount. Anyway, my lawyer applied for a motion to reopen and a waiver with the prove of hardship to my USC spouse and it was denied. I mean, can they deny the motion to reopen/reconsider with all the evidence provided? What should I do?

Thanks desert fox. I don't know if the dnial is made with/without prejudice, but does sound like they didn't read all the evidence and docs that i submitted. The thing is what are the chances that I'll get approve if I start applying again or is it risky to go in front of the IJ to fight the case.

I'm married to a US citizen June last year and applied for I-485. Went to interview and green card was denied because of misrepresenting material fact. I filed for I-601 and submitted my disposition of arrest (theft, 10 years ago) and a phychology evaluation of hardship of my spouse ans affadavits. I have just received a letter from USCIS that they denied my motion to reopen the case. I have a lawyer and even he doesn't understand why it was denied. The letter sounds like the officer didn't even look at the evidence we provide because it said I provide no evidence indicate extreme hardship. It also said that I fail to provide the necessary material during the interview and I thought this is the whole reason why I apply for motion to reopen.

So my questions are, can I apply for motion to motion to reopen because I feel that the decision doesn't make sense? should I go to court and see a judge instead. My lawyer advised me to re file the whole adjustment for status (I-485)

all over again and start the whole process and thinks that going to immigration court is not a good idea. PLease help....I need a second opinion desperately.