Difficult Situation - Any insight would be greatly appreciated!

[nycgirl 13]

FULL DISCLOSURE PLEASE!!!

Feel like there's more to this story.

[245iExpert 0]

What form are you specifically filing? To get the rejection your getting it sounds like you were submitting an I140?

Your standard I-130, I-485, etc........

[245iExpert 0]

Just thinking on it some more, do you think they are not seeing your 245I when they open up your file? Without it obviously your not eligible for a green card until something like 2015 hence the replies your getting. I too have had problems with the mail room - 1 application was lost for 4 months before showing up at my door all torn and tattered. A second was misread and set to the lockbox when it was for a K1 at CSC and I had been very specific about what it was in my cover letter (in fact I basically used the template here). That application was then rejected instead of returned to CSC.

Well, that makes me feel a little better. I had two different lawyers tell me that the USCIS mail room is a total mess, I believe he said it's a factory processing line. Being that I am over 21, therefore considered 'aged out'. With the 'age out' issue, as many of you know, I would have to get back in line and wait for my 'priority date'. Now, with the 245i, it basically saved my 'priority date' from my first application, which enables me to apply and skip the line, also ruling out the 3/10 ban for me.

Now, the 245i isn't a form, piece of paper, or anything of that sort. 245i is an amendment, here's a link that simplifies what a 245i is - http://www.hooyou.com/245i/faq.html#q2

So, in order to prove that I am protected under 245i, I have to properly prove my AOS application was filed prior to April 30th, 2001 and I was physically here in the US on or before Dec 20th, 2000. My attorney added sufficient proof that accompanied the AOS package, along with a detailed cover page (at least the second time around), but it was still rejected.

After going over the rejection notices with my attorney, there are plenty of speculation that the USCIS Service Center denied my application without reading the cover letter. Categorizing me as aged out due to my type of application and current age.

[245iExpert 0]

FULL DISCLOSURE PLEASE!!!

Feel like there's more to this story.

There's no more to this story from what I've already told. The only thing that I left out was the fact that I was young at the time and my parents took care of all the travel plans and so fourth. Being younger, when the Green Card was taken, I didn't ask any questions, nor did I know what do at that particular moment. My parent lived in the Middle East at the time and for anyone that's lived in the Middle East for sometime, knows that the mail system is....well....not much of a system.

So, that's how the re-entry package was lost in the mail, which caused me to stay aboard past the six month period.

[Usui Takumi 1,562]

Are you including the $1000 for the fine related to the 245I rules?

[245iExpert 0]

Are you including the $1000 for the fine related to the 245I rules?

Yes, that is included in the AOS package.

[Kathryn41 3,205]

When you re-submit why not write in big bold letters in black at the top of the application and on the envelope "Filing as per 245i rules - special attention required"?

[245iExpert 0]

When you re-submit why not write in big bold letters in black at the top of the application and on the envelope "Filing as per 245i rules - special attention required"?

I am not sure what my attorney did in regards to that, but I was advised of this by another attorney I spoke to a couple days ago. I will be speaking to my attorney soon and will ask/make the suggestion.

[Bocajr27 3]

Hi;

I was reading all the posts and had one question come to mind. Why not make an Infopass through the local USCIS Office that is handling your case? I'm assuming that the Tampa Branch is handling it correct? If so, make an appointment with them, ask to speak to a supervisor, explain the situation and with any luck you may actually get the answer you need.

Now before anyone starts having diareah of the mouth (LOL) let me warn you that I did this last week when I received a negative letter from the local office where i filed the I-212 for my wife. I spoke with 3 different supervisors and 2 officers. Three hours later, I was told that I was correct and that i can pick up the approved I-212 at 1:00pm that day. The supervisors and officers were extremely helpfull and very respectful. Give it a try (if you're filing with your local office). You've nothing to loose but a few hours of your day.

Good luck

Edited September 23, 2009 by Bocajr27

[Brother Hesekiel 2,236]

The way I understand it, and by my own admission I may understand it incorrectly, the 245i requires that applicants have been present in the US on December 20, 2000.

Were you really present on December 20, 2000? I don't mean before that date. It doesn't matter if you lived in the US in on April 1899 or July 14, 1957. I'm asking for December 20, 2000!

The rules also state that you cannot leave the country, as 245i doesn't prevent triggering the 3/10 bar. If the bar was triggered, it was triggered in 2002/2003 (your timeline is not precise enough). You do the math.

To clarify, I'm just trying to make sense of things, other than blaming the mailroom crew.

[245iExpert 0]

Hi;

I was reading all the posts and had one question come to mind. Why not make an Infopass through the local USCIS Office that is handling your case? I'm assuming that the Tampa Branch is handling it correct? If so, make an appointment with them, ask to speak to a supervisor, explain the situation and with any luck you may actually get the answer you need.

Now before anyone starts having diareah of the mouth (LOL) let me warn you that I did this last week when I received a negative letter from the local office where i filed the I-212 for my wife. I spoke with 3 different supervisors and 2 officers. Three hours later, I was told that I was correct and that i can pick up the approved I-212 at 1:00pm that day. The supervisors and officers were extremely helpfull and very respectful. Give it a try (if you're filing with your local office). You've nothing to loose but a few hours of your day.

Good luck

We have not been submitting the AOS packet at the local Tampa office. The attorney has been mailing them out. I am not sure to what address. Can a person select to go to the local office vs. mailing in the packet?

[245iExpert 0]

The way I understand it, and by my own admission I may understand it incorrectly, the 245i requires that applicants have been present in the US on December 20, 2000.

Were you really present on December 20, 2000? I don't mean before that date. It doesn't matter if you lived in the US in on April 1899 or July 14, 1957. I'm asking for December 20, 2000!

The rules also state that you cannot leave the country, as 245i doesn't prevent triggering the 3/10 bar. If the bar was triggered, it was triggered in 2002/2003 (your timeline is not precise enough). You do the math.

To clarify, I'm just trying to make sense of things, other than blaming the mailroom crew.

Yes, I was 100% in the US on 12/20/2000. There's no doubt, I actually entered the US on 12/16/2000 and have the stamp in my passport to back it up.

When you say "The rules also state that you cannot leave the country", what rule are you actually referring to? There's no rule within the 245i that governs whether you have to be in the US or not in order to be eligible. Between 2002 to 2004, I was here in the US legally, with a pending AOS, while working using an employment authorization.

[Boiler 45,764]

So if I have it right you adjusted not using 245i.

Some years you then entered on the VWP with no immigrant intent.

You then decided you would like to stay and are attempting to use the fact that you had an an approved petition (that had already been successfully adjudicated) to allow you to have a second bite.

My first thought is that you need a really good lawyer, which begs the question why are you posting here?

[245iExpert 0]

So if I have it right you adjusted not using 245i.

Some years you then entered on the VWP with no immigrant intent.

You then decided you would like to stay and are attempting to use the fact that you had an an approved petition (that had already been successfully adjudicated) to allow you to have a second bite.

My first thought is that you need a really good lawyer, which begs the question why are you posting here?

You'd really have to read the whole thread to get the whole scope. All that you just said, answers all have been posted.

I do have an attorney, but I am also the type of guy that likes to do my own research. I don't know any lawyer that will be at my beck n call and give me five minute of his time everyday. So, I choose to do my own digging.

[Usui Takumi 1,562]

You can't really submit via the local office, it has to be sent to a service center. Maybe you could try the local office to see if they can give you something to include in your package that will grab the attention of the mailroom dust balls (ever see the film Spirited Away....those dust balls in the furnace room are probably what really run the mail room at the service centers) and make them realize that your case needs extra care.

Edited September 24, 2009 by lancer1655