Denial Of Adjustment of Status

[aanxious 0]

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.

Edited July 20, 2009 by aanxious

[visacheck 3]

I suggest you hire an immigration lawyer.

[aanxious 0]

I suggest you hire an immigration lawyer.

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

[Angela & Paul 12]

I suggest you hire an immigration lawyer.

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

I suggest you look for people on VJ who had to submit a waiver, but I suspect you're one-of-a-kind.

You say you have an attorney, and you need one who has done this before, and successfully.

Good luck.

[Eric-Pris 1,607]

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

IMO, you need to look for a DIFFERENT attorney. The one you have doesn't know what he's doing if he lead you to denial and deportation.

I wouldn't base my future on advice received through an internet message board.

Edited July 20, 2009 by Eric-Pris

[furiousng 2]

This is more of a COMPETENT immigration attorney case. You might have to consider dropping whoever you have right now if he/she is not experienced in a complex case as yours. This is beyond the"fill forms" type attorneys. All the best and lets know how things pan out.

[diadromous mermaid 36]

Here's a citation from an attorney that addresses this little-known issue, referred to as "seeking to acquire"

Children must have ‘sought to acquire’ a visa within one year to be eligible under the CSPA

IMMIGRATION CORNER By Michael J. Gurfinkel Updated June 01, 2008 12:00 AM

The Child Status Protection Act (CSPA) provides certain benefits to children who “aged-out” (turned 21). For children of US citizens, their age could be “locked in” as a minor, provided their US citizen parent filed an immediate relative petition before the child’s 21st birthday.

However, in the case of children of immigrants (green card holders) or derivative beneficiary children (under their parent’s petition, such as an employment based petition filed on behalf of the parent, or a petition by an uncle, aunt, or grandparent on behalf of the parent), there is an added requirement that many people overlook, thereby depriving the child of the age-out protections of the CSPA. For children of immigrants, not only must the child’s age be considered to be under 21 (based on a mathematical formula), but the child must also have “sought to acquire” his or her visa within one year of availability. Many cases have been denied because the child did not take steps to pursue their visa within one year of visa availability, even though the child was considered to be under 21.

According to the USCIS, a child’s visa is “available” when the priority date is “current”. The petition’s current date is announced each month via the Visa Bulletins. Within one year of the priority date being current, the child must have a Form I-485 (Application to Register Permanent Residence or Adjust Status), if in the US, or a Form I-824 (Action on Approved Petition) if in the Philippines, filed on his or her behalf within one year of the priority date becoming current. Note: if a parent files an adjustment of status on the parent’s own behalf, it does not satisfy that requirement:

(a) If the child is in the US, the child’s own I-485 must be filed within one year the priority date becoming current.

(B) If the child is in the Philippines, and the parent is adjusting status in the US, the parent, on the child’s behalf, must file the I-824 within one year of the priority date becoming current (NOTE: The I-824 must be filed within one year of the priority date becoming current, NOT within one year of the parent adjusting status or receiving the green card, which might be more than one year from the time the priority date became current). So it would be advisable for the parent to file his I-485 and the child’s I-824 at the same time, to be sure.

As I said, many families who ordinarily could have had their child be eligible for CSPA, nevertheless had the case denied because they had not “sought to acquire” the child’s green card within one year visa availability.

If you are in that situation, or have a child who could still possibly benefit from the CSPA, I would strongly recommend that you seek the advice of a reputable attorney, who can evaluate your situation and determine if your child could still benefit under CSPA, even if he or she is now over 21.

From, WEBSITE: www.gurfinkel.com

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.

[aanxious 0]

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.

[diadromous mermaid 36]

What is your birthdate?

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.

[Krikit 1,165]

Moving from AOS to Effects of Major Changes forum. Good luck, aanxious.

[Anh map 2,098]

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.

[justashooter 430]

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.

[aanxious 0]

diadromous mermaid "What is your birthdate?" 1982

Edited July 21, 2009 by aanxious

[aanxious 0]

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.

[Aniomaman 0]

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.