Bocajr27

Someone recently got denied due to a dependent support related issue. You should definitely check her postings at http://www.visajourney.com/forums/topic/568429-n-400-october-2015-filers/?p=8162336 . Seems similar to your case.

My friend I know how you feel. Some of the people that work at USCIS don’t bother with taking that extra step that is sometimes necessary to get the job done. I went through a similar problem but had a much better result. I filed the I-212 for my wife and got our receipt. I waited 30 days before I made an Info pass to check on the status. When I went in for my Info pass, I requested an expedite due to our son’s health condition. Three days afterwards, I received a letter from USCIS stating that I should have filed this with the US Consulate in Colombia. Funny thing was that the consulate was the one who told me to file it at USCIS.
So I gathered all of our paperwork including some legal findings that I thought would help. I had to speak to three different supervisors before I was able to speak to an officer. One of those supervisors brought my wife’s file out and said, “Your wife is not eligible for the I-212 because she overstayed.” “No” I said, “According to section 9 (B) (iii) (II) it clearly states that No period of time in which an alien has a bona fide application for asylum pending shall be taken into account in determining the period of unlawful presence in the US.” So he proceeds to tell me that my wife should have left before her Asylum hearing. To which I replied, “If she would have left before her immigration proceeding, she would have broken the law.” He just kept shuffling through his papers and then said “Well then she should have left immediately afterwards.” “Wrong again” I said. “If you look at the Judges decree you can see that he gave us 30 days to either appeal his decision or leave. You can also see by the forms that the US Embassy sent you that my wife arrived in Colombia prior to the date the judge gave us.“ By this time, this supervisor had basically given up.
Luckily, two of the supervisors I spoke with really went out of their way to help me. One of them, after hearing my argument and agreeing with me full heartedly, went directly to the officer that sent me the letter of denial and asked her to speak with me. I didn’t even have to say one word. Fifteen minutes later I left that office with the I-212 approval. I will never forget that day. My wife and I cried on the phone together for a while. It was hard, but thanks to some people who went that extra mile, we are back in the states together as a family. my thoughts to you is not to give up. Keep going back and ask to speak to the officer that is handling your case. You are the petitioner and YOU have the right, especially if someone has made a mistake.
I wish you the best of luck in getting your wife back to the states soon.
Fernando

My friend I know how you feel. Some of the people that work at USCIS don’t bother with taking that extra step that is sometimes necessary to get the job done. I went through a similar problem but had a much better result. I filed the I-212 for my wife and got our receipt. I waited 30 days before I made an Info pass to check on the status. When I went in for my Info pass, I requested an expedite due to our son’s health condition. Three days afterwards, I received a letter from USCIS stating that I should have filed this with the US Consulate in Colombia. Funny thing was that the consulate was the one who told me to file it at USCIS.
So I gathered all of our paperwork including some legal findings that I thought would help. I had to speak to three different supervisors before I was able to speak to an officer. One of those supervisors brought my wife’s file out and said, “Your wife is not eligible for the I-212 because she overstayed.” “No” I said, “According to section 9 (B) (iii) (II) it clearly states that No period of time in which an alien has a bona fide application for asylum pending shall be taken into account in determining the period of unlawful presence in the US.” So he proceeds to tell me that my wife should have left before her Asylum hearing. To which I replied, “If she would have left before her immigration proceeding, she would have broken the law.” He just kept shuffling through his papers and then said “Well then she should have left immediately afterwards.” “Wrong again” I said. “If you look at the Judges decree you can see that he gave us 30 days to either appeal his decision or leave. You can also see by the forms that the US Embassy sent you that my wife arrived in Colombia prior to the date the judge gave us.“ By this time, this supervisor had basically given up.
Luckily, two of the supervisors I spoke with really went out of their way to help me. One of them, after hearing my argument and agreeing with me full heartedly, went directly to the officer that sent me the letter of denial and asked her to speak with me. I didn’t even have to say one word. Fifteen minutes later I left that office with the I-212 approval. I will never forget that day. My wife and I cried on the phone together for a while. It was hard, but thanks to some people who went that extra mile, we are back in the states together as a family. my thoughts to you is not to give up. Keep going back and ask to speak to the officer that is handling your case. You are the petitioner and YOU have the right, especially if someone has made a mistake.
I wish you the best of luck in getting your wife back to the states soon.
Fernando

Call ICE and get them Deported immediately. It's obvious by the actions taken onto you that these people came here to be a burden on this society. They have no morals or principals and because of people like them, other good hard working immigrants have to go through a tougher and more strenuous immigration process than what it once was. I hate the fact that they put a child into this situation. Call ICE. Have them come to the home and wait for them with a nice, hot cup of coco. You can smile and wave goodbye as they are dragged from your home for fraud! :-)