aanxious

I am just wondering if anyone here would know if I have to pay another fee for AOS. I filed for Adjustment Of Status last year under the F2A category, it was denied due to CSPA interpretation of guidelines. I had to go through proceedings but now already terminated due to my other visa category became current. Now I have to file under F2B category. The question is, do I need to pay another filing fee or the fees I paid on my previous AOS will carry on to this new adjustment, although its in a different category? Also I want to mention that I also paid for 245(i), do I need to pay for that again as well?

Helpful input would be appreciated, Thanks!

What was the filing date on the I-130 petition your father originally filed for you? (April 26, 2001) What date did he naturalise? (December 2004) What was the date on the approved I-130? (Aug. 28, 2005)

I am actually terrified to the fact that I may be facing a removal proceeding. I was on legal status when my Father filed for my petition and even filed for an extension. Not intending to go out of status, I seeked legal counsel and hoping that I will get an approval within that time frame. But the immigration took 4 years to process my I-130. And I waited another 4-5 years to be able to file for an adjustment of status, hopeful through all these years of wait, only to find out due to the gap in their system guidelines I would be denied. There is certainly a gap in their system, and that is not my fault. Because if their guidelines meet in all areas, I wouldn't be put in this position as well as many others whose in the similar situation, and we would've been on legal status already. I suffered through these years trying to pursue legal status and due to all the significant time of delay I grew up unable to establish myself because I've already gone out of status just waiting. Deprived with so many opportunities. I put my life on hold for 9 years, I wasn't able to get a real job and wasn't able to pursue my education because I didn't have the documents. Within that 9 years I would've been a doctor or something else already. But even through these years of neglected status I have not seeked nor spent money from the government. I survived through the support of my family and relatives, that now I may be taken apart from. It feels like my heart has been eaten out. I've been crying every day I don't know what is going to happen to me if I get sent back, I have no family nor a place to stay over there anymore.

I made an appointment with another attorney hopefully he has something good to say about my case.

Stop trying to blame others for not telling you about the status of your case and find a qualified, experienced immigration attorney who can give the proper guidance.

Very insensitive reply and the OP was not blaming you, she was pointing to problems in the system but of cos as is typical of people who have gotten their visas on VJ, they loose their manners and start acting obnoxious! To the OP, what you need is a very good immigration lawyer. I don't see anyone on VJ being able to provide the kind of advice that will help you through this.

I wish some people would bother not replying to a post if all they are going to do is pass judgement, people come on here for advice/help not for your smart and silly answers which in no way profers any solution to their problems.

----------THANK YOU!

I am considering the process of switching attorneys, and taking steps in doing so. Apparently most people here are only familiar with marriage based petitions, that's why some are beleaguered to the idea about other complex petition cases mostly like Parent to Child petitions when age, timing and many factors plays a vital role in the guidelines and in determining the category & priority dates. Basically I am only being told what I already know which is to hire an/another attorney. Just for the record I retained an attorney throughout these whole process from the time we filed my petition to this present day, but I guess I didn't hire the best one in my particular case cause of the age-out and etc. Hence, I should be switching. I truly appreciate the input of the kind ones, thanks for taking the time. I wish you all the best of luck and smooth sailing throughout the process. As for the supercilious people, I hope nothing goes wrong with your case!

Month and date in 1982?

diadromous mermaid "What is your birthdate?" 1982

02-24

Hi,

I applied to transfer my H1B visa from my first employer to a new one in Sept 08. Since then the application was under review. Last week I checked the status of my application online and it said that my request had been denied and a denil notice was sent to me.. My employer still has not received the notice....This employer is not willing to appeal the denial notice...Anyone out there tell me what are my options? Has anyone been in this situation, if yes what should I do?

Thanks

Did you also file for a labor certification together with your H1B? If you did then you might get approved for a labor certification even if you are denied with a H1B. And you'll get a GC right away once your AOS is approved through labor cert. I wish you the best of luck!

I waited another 4-5 years to be able to file for an adjustment of status, hopeful through all these years of wait, only to find out due to the gap in their system guidelines I would be denied. There is certainly a gap in their system, and that is not my fault.

it sounds like you dropped the ball in failing to file. this kind of thing can happen in lots of different visa and green card scenarios. for instance, if you had a 2 year green card and failed to apply for your 10 year card in the right time frame, deportation would be the result. it's just the way it is.

moving from a foreign country to America is not something you have a right to do. it's something America allows you to do, if you follow the rules. you didn't follow the rules, so you have to go back to phils. this is not somebody else's fault. it's your own.

I couldn't file back then because of previous guidelines, it wouldn't allow me at that time because I had to wait for my priority date to become current to file for AOS. Its not because I didn't do anything. I aged out because of processing delays. I did follow the rules, it just happens that there are some people with complex cases like me that some of the guidelines has overlooked. I waited in line just like many others. And I do have an attorney from the beginning because I want to do everything legally. It is so sad how some can be so judgmental. I guess it is hard to understand where I am coming from because you are not in the same predicament. But I wish you good luck and thanks for sharing a piece of your thought.

diadromous mermaid "What is your birthdate?" 1982

I am actually terrified to the fact that I may be facing a removal proceeding. I was on legal status when my Father filed for my petition and even filed for an extension. Not intending to go out of status, I seeked legal counsel and hoping that I will get an approval within that time frame. But the immigration took 4 years to process my I-130. And I waited another 4-5 years to be able to file for an adjustment of status, hopeful through all these years of wait, only to find out due to the gap in their system guidelines I would be denied. There is certainly a gap in their system, and that is not my fault. Because if their guidelines meet in all areas, I wouldn't be put in this position as well as many others whose in the similar situation, and we would've been on legal status already. I suffered through these years trying to pursue legal status and due to all the significant time of delay I grew up unable to establish myself because I've already gone out of status just waiting. Deprived with so many opportunities. I put my life on hold for 9 years, I wasn't able to get a real job and wasn't able to pursue my education because I didn't have the documents. Within that 9 years I would've been a doctor or something else already. But even through these years of neglected status I have not seeked nor spent money from the government. I survived through the support of my family and relatives, that now I may be taken apart from. It feels like my heart has been eaten out. I've been crying every day I don't know what is going to happen to me if I get sent back, I have no family nor a place to stay over there anymore.

I made an appointment with another attorney hopefully he has something good to say about my case.

I suggest you hire an immigration lawyer.

I did have an attorney, but the input of others may help.

I had my interview last July 17 and the officers denied my adjustment of status. It says on the denial letter that a removal proceeding will be issued against me. I haven't received any NTA yet. But what course of action should I be doing after this denial? What to expect and how long does a removal proceeding take? What time frame am I looking at?

BACKGROUND: I am a beneficiary of an I-130 petition by my legal permanent resident father, I was then a minor F2A (minor child of permanent resident), then I turned 21 on 2003 and became F2B (adult child of permanent resident), then in 2004 my father naturalized and I was converted to F1 (adult child of a US Citizen). My I-130 was adjudicated in 2005. I filed an for an AOS & EAD last April 2009 using the new CSPA guidelines. But the officers denied my case because I failed to "sough to acquire" within one year of visa availability last 2005 as F2A, and now as F2B (after I opt-out sec. 6 from F1) they said that there is no visa available to me just yet. I am confused on when did this "sought to acquire" came out and what I must do. Leaving isn't an option for me anymore, all my family is here. I have nowhere to go back to. I just happen to be one of those that are unlucky for aging out due to the delay and suffered due to the irregularities of the law and a gap in their guidelines & system.