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Mickey344

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Posts posted by Mickey344

  1. 2 hours ago, powerpuff said:

    *** Topic moved from CR1 forum to USCIS forum as the question is about the online account issue ***
     

    this is completely normal. This happened to me personally during AOS and ROC and others after reading threads here. There is no need to scan and upload the evidence, USCIS has everything despite that you don’t see it on your end. 

    Thanks guys. This is reassuring. 

  2. 22 hours ago, Hocus said:

    Hi all,

    What is the positive result of writ of mandamus? Does Uscis approve it along with DOS or just DOS approval ? 
    Also, approximately how long before we get a response? 
     

    TY
     

    The positive result is that you will have an update on your  case 60 days after filing the mandamus. If your case is within normal time, it will not speed it up. If your case is beyond normal processing time, USCIS and DoS will usually ask for up to 90 days of extension to make a decision on your case which can be favorable or unfavorable. You can adjust your status with DoS approval and doesn’t need to wait for USCIS final approval. You will eventually get the USCIS notice of approval which you can present if you have an interview for AoS which may not be needed. 

  3. 2 hours ago, DrFood said:

    After DoS approval, i consulted a lawyer to apply for adjustment of status. He is asking 5K. Isn’t that a lot? Should i look for another lawyer? Should i apply myself?

    Wow! This process is very expensive. I think 5K is too much. You can ask around and see what other good lawyers charge. If not you can do it yourself especially if you have a straightforward case with a lot of bonafide evidence. I am planning to do it myself once I get the DoS approval. 

  4. 6 minutes ago, Wyboxcx said:

    I personally am following the advice of the attorneys and not filing for the Green card until I have the waiver in hand. So I agree with you, it’s a major risk. I just was curious about the reasoning for a misrepresentation finding. 

    I agree with you. It's a tough and painful situation. Hopefully, the pending hardship cases get adjudicated soon so we can move on with our lives. 

  5. 10 minutes ago, Wyboxcx said:

    I am curious though if this has actually happened? when filing for a Green card the form asks if you are subject to the 2-year rule and whether you complied or have been granted a waiver and you must answer honestly. So if you answered No how can they say you misrepresented? I mean yeah if you say no you are not eligible for the GG at the time but it's hard to argue you did it to get the EAD

    So if you answered "no" and don't qualify to adjust your status, why then are you filing the application knowing very well that you don't qualify for the benefit you are asking? I heard the misrepresentation case on an immigration show by one of the famous immigration lawyers in the USA. After the person was denied, it triggered a deportation from USCIS because USCIS realized that the petitioner is now out of status and the case had to go to the immigration court and once you end up in deportation, you will need the judge to terminate the case before you can adjust your status even with approved hardship waiver in hand. I understand that we have all been waiting for a long time with worsened hardships but you have to think through your choices very well with with the help of your lawyer in order not to complicate your situation. 

  6. 33 minutes ago, Wyboxcx said:

    You can apply again but you will lose your money ($1400) and if you are working on the EAD based on adjustment you will also lose that EAD

    The other worst nightmare is that you may also be slapped with a misrepresentation knowing very well that you don’t qualify to adjust your status based on USCIS manual but went ahead to do so for an EAD. That may put you in a difficult situation unless you apply for another waiver to remove that. So the best scenario is to wait but then it’s up to you. 

  7. 13 hours ago, Fisha said:

    Hi everyone. I had my hardship waiver approved recently 19 months after my i612 was sent to the DOS. My lawyer filed family based i485 as well in September 2021 and I had an interview in April 2022 while my i612 was still pending. The officer didn’t deny my 485 but didn’t approve it either and my case was sent to another office of Jurisdiction since then. 
    my question now since my waiver is already approved by the DOS and recently by USCIS, how long will it take to have my 485 approved if anybody knows?. I appreciate your input. 

    Congratulations on your approval. I think you should send a copy of the approval from USCIS to the office where your case is being adjudicated with a copy of your receipt notice for I-485 since that may be the likely reason your case is pending. You are fortunate your case was not denied outright since you did not have a basis to adjust your status before hardship waiver approval. 

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