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Leigh Ann

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Posts posted by Leigh Ann

    AOS questions

    in Adjustment of Status from Work, Student, & Tourist Visas

    Posted

    Just a few quick questions regarding the AOS process.

    I live within 25 miles of the Mexican border and my wife didn't need an I-94 to come into the US. She did have an 1-94 and it expired approx. 3 weeks prior to her last entry into the US when we decided to adjust her status from a visitors visa to a permanent resident. She never turned it in because she thought she had lost it but found it. Do i still use her last entry date on the application and not put the i-94 number in there or should i put in the i-94 but still use her last entry date???

    Is her Mexican passport needed for the application process or will copies of her birth certificate and border crossing card (DSP150) suffice?

    Reason i am asking is because her Mexican passport is expired.

    Thanks in advance!!!

    Not sure re: I-94 and the date issue, but I'm pretty sure that the border crossing card is sufficient. There's a poster in the May filers that just successfully adjusted her status with only the border crossing card.

    I-485

    in Adjustment of Status from Work, Student, & Tourist Visas

    Posted

    3. It is very possible that you will get an RFE because it is generally advisable not to send in missing information without a copy of the RFE since they often do not link the new paperwork with your file. I know that is what the operator told you to do, but USCIS is not always smart about putting old paperwork with new submissions.

    4. 16 days is not very long to wait for a biometrics appointment. You will probably hear from them in the next couple of weeks or so.

    YES and YES.

    4 years for i-485 STILL WAITING, now REMOVAL??

    in Adjustment of Status from Work, Student, & Tourist Visas

    Posted

    No, not likely.

    First, you can't make an affirmative application because you're already in removal proceedings. This means any application would have to be made to the immigration judge. If the judge accepts your application (more on that in a moment) then you will get a hearing on the application, and the judge will likely issue a decision on the spot. Don't even make the request unless you have your evidence ready to present. The judge could order the hearing the same day.

    The Immigration Act of 1996 established a cutoff on asylum applications - they have to be made within one year of entering the US. An exception is if you can prove that the situation in your home country that you are requesting asylum from is a recent development, and did not exist during the one year period when you were eligible to submit an affirmative application. For example, if Al Qaeda recently issued a fatwa on your life then you might have a pretty good shot. Unless you have a very strong reason for not submitting an asylum application within one year of entering the US, the judge won't accept your application.

    Be very careful with submitting an asylum application. If DHS determines you've filed a frivolous application then the application will not only be denied, but you'll be permanently ineligible for ANY immigration benefit.

    I don't want to encourage a false application for asylum, but just a note - there are two exceptions to the one year filing deadline. There's the changed circumstances exception that you mentioned, but you can also ask that the one year bar be waived if there are "extraordinary circumstances" that prevented the person from applying for asylum within the one year timeline. They're both in INA §208(a)(2)(D). I've worked on a couple of those cases, and the judge has waived it, for issues like not speaking English, being terrified of the government because of prior experiences with the home government, being a member of an "underground" community, etc. So, there's another option, although it's far from clear if the OP qualifies.

    If you have a serious asylum claim, you should speak to an attorney who works in the field and who can tell you what your options are. You can file a defensive claim for asylum (since you're already in deportation proceedings), and the judge should (in my opinion) allow you to present your claim at a individual hearing--not the master calendar hearing. You should definitely NOT try to file an asylum claim without legal assistance. The denial rates for people who don't have representation vs. those that do is astounding.

    But please, do not file a frivolous claim just to be able to stay in the country. In addition to your own immigration benefits being put in danger, every false claim makes it significantly more difficult for people who have real asylum claims to win their cases, and their lives are actually in danger.

    RFE Delivery Status

    in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

    Posted

    I sent the RFE via USPS "Delivery Confirmation" Service, so I think I can "prove" that they did receive it, right?

    How do I contact the congressperson? :help:

    I have no idea how to do that...

    Do we have to pay the congressperson? :rofl:

    I mean, yes, but if it's denied, you'll have to pay close to $600 to reopen it in order to have the chance to prove it to them. So....best to make sure it's done properly now.

    You can find your congresspersons at:

    https://writerep.house.gov/writerep/welcome.shtml

    http://www.senate.gov/general/contact_information/senators_cfm.cfm

    It's totally free. Just find the person, call them, and say you have an immigration issue. They should refer you to the right person on their staff that deals with immigration. Explain it to them, and tell them you wanted to know if the RFE has been received. Even if they say they have to wait a certain amount of days, then they'll be ready to act then.

    Require AOS related answers Please!

    in Adjustment of Status from Work, Student, & Tourist Visas

    Posted

    So, my wife finally filed for my immigration today... and the long wait begins :)

    i again am back with a couple of questions!

    --> How long would it be, before they send me a letter for biometrics?

    --> If we have filed in Chicago drop box, and right now im in LA, can I go to the USCIS LA office?

    --> When can we start expediting the EAD and AP?

    Thank you everyone on this forum who helped me file the petition!

    Biometrics: depends on the office.

    Office: What address did you list on the form? If you're in LA permanently but listed another address, then you'll have to file a change of address form for your interview etc to be in LA.

    You can expedite it now, though the EAD can't be processed until you have your biometrics taken.

    In continuation to my previous post, I forgot to mention that my wife and I live in Chicago, but I would be in Los Angeles for about a month now. Would I be allowed to go for fingerprinting in LA office?

    It's possible - if they take you as a walk in. I don't know anything about the LA office, but you'd have to do it as a walk in, if that's not the one closest to your listed address. If they don't take walk ins, then you're out of luck and will have to go to your 'home' office.

    RFE Delivery Status

    in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

    Posted

    I called USCIS and they said I need to wait 15-20 days, if I dont hear anything from them I should call again. Also, the RFE letter says: "The Service will process your Form I-765, Application for Employment Authorization (if submitted) within 90 days of the receipt of your missing initial evidence..."

    I guess all I need to do is wait... :(

    Wait the 15-20 days, but please do NOT wait the 90 days. I think that's there for information re: the EAD. But if they have not received it within the 87 days, they will DENY your AOS with no further questions. You have to follow up on it after the 15-20 days.

    But seriously, I contacted the congressperson to get our EAD expedited, and it was fairly painless. They have access to a certain person that they can get real answers from (not the info line) so they can probably find out now if they've received it.

    MAY 2010

    in Adjustment of Status Case Filing and Progress Reports

    Posted

    I've got questions! I just got offered a job. I have my EAD, but I chose not to get a SSN until the gc arrived (we got the approval of 1485 notice already). If I go get a ssn with the ead, can I use it with the green card? How long do ssns typically take to get in a mailbox?

    It should be the same number, just the card won't have "valid for work only with dhs authorization" on it. I think.

    IT took us less than a week to get the card. 6 days. But we went back 3 days later and got the number on a readout, even though we didn't get the card.

    MAY 2010

    in Adjustment of Status Case Filing and Progress Reports

    Posted

    I really dont know what happened but today I received a notice saying that my I-130 has been approved and the petititon indicates that I am in the United States so I can now apply for AOS which I did, I really dont get USCIS so I waiting to see what comes next. I came here on a B2 visa

    That is seriously bizarre, but looks like a good sign so congrats!

    Now come on interview letter.....but I can wait just as long as it comes this year.....lol

    That was our approach too. It'll come, though it may take some time. Hope it comes soon though to alleviate wondering about the process...

    MAY 2010

    in Adjustment of Status Case Filing and Progress Reports

    Posted

    okay just received this a second ago....

    Post Decision Activity

    On August 2, 2010, we mailed you a notice that we have approved this I765 APPLICATION FOR EMPLOYMENT AUTHORIZATION. Please follow any instructions on the notice. If you move before you receive the notice, call customer service at 1-800-375-5283.

    For approved applications/petitions, post-decision activity may include USCIS sending notification of the approved application/petition to the National Visa Center or the Department of State. For denied applications/petitions, post-decision activity may include the processing of an appeal and/or motions to reopen or reconsider and revocations.

    Do you'll think they mailed it. Seeing it was already ordered on the 23rd

    Yay!! We got ours 2 days after that so you should get it very soon! FINALLY! So thrilled that it's working out for you. :)

    MAY 2010

    in Adjustment of Status Case Filing and Progress Reports

    Posted

    Ok, so I have a question now that was asked in the April filers forum. Did any of you who had your interviews already have to bring your co-sponsors original documents? If you had a co-sponsor that is. They have copies of everything that was sent in with the application, but I never really thought that I had to bring my co-sponsors originals, I don't feel comfortable asking her for it even if it is just one day.

    I think I remember my lawyer telling me that we should bring the originals, but I'd also be interested to hear if people were asked for it/what they brought.

    MAY 2010

    in Adjustment of Status Case Filing and Progress Reports

    Posted

    Okay, finally some progress. I got two letter yesterday from USCIS one stated that that on 07-23-2010 your EAD document was approved, allow so 30days to receive document by mail. The second letter was my approved advance parole document..... Still no updates on the uscis webpage since 06-18th. Now come on interview letter.

    Congrats!! So happy for you!!

    AOS APPROVED!!!!!! I just received my approval notice today and I am EXTRA EXCITED!!!!!! Hubby checked the mail this morning and waited till now to give it to me. He picked a fight and then told me about it...TIME TO CELEBRATE!!!! GC should come in the mail soon!!! Thank you visajourney ;-)

    Congrats!! That's awesome. Well, maybe not the fight, but the approval, for sure. :)

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