AOS denied, need advice

[chuckandkim 0]

Hello all,

A friend who doesn't speak much of English just came and asked for some help with his case. I thought, let's check with VJCommunity first.

Here is the deal:

1. Husband came to the US alone in the 90's. Got his greencard.

2. Early 2000's, applied for V-1 Visa for his wife and daughter to come here with him. He still was a Green Card holder himself.

3. March 2004, Wife and daughter came to the US under V1 Visa. Family moved around a lot and finally settle in Philadelphia PA.

4. June 2007, Husband realized he's never filed the AOS for wife and daughter. Quickly filed for an AOS. Case was denied by Philadelphia District Office.

5. Wife and daughter have been since remained out of status - no deportation proceeding YET.

6. Husband is now a US Citizen (just got his citizenship last year)

7. He would like to REFILE the AOS for his wife and daughter.

8. Background info: Husband is mentally ill dues to years of post war dramatic stress (certified by Psych. MD) causes him to lose short term memory. Hint: lost track of his wife and daughter's AOS filing. Doesn't speak English too well. Both wife and husband are working at a factory and do pay tax, getting a real pay check.

9. They had spent thousands of dollar to 2 laywers who took their money and walked way.

My initial thought: Get a good lawyer.

However, if you guys can pitch in any information or lay-out how this may or may not work for this family, that would be greatly appreciated. I just need some headsup as in what to expect and what to tell this family when I next see them. If you have any question and concern, please free to share. And if you had used a good lawyer in the area (Philadelphia PA) please let me know as well.

Thanks guys,

Chuck and Kim

[Anh map 2,098]

So they got denied AOS because of not filing an exension after the initial V1 expired?

[chuckandkim 0]

Yup, that is correct. Toan and Phi (husband and wife) were moving from MN to FL then PA right after she and her daughter entered the US. Letting her V1 expired and missed filing an AOS was the basis for denial of her later-AOS-filing in 2007.

[Anh map 2,098]

I think your gut is right, get an immigration atty with some experience in V1 cases. Don't know any in Philly.

Separate OT question: What part of Philly area are you in? I got to Cinnaminson (NJ side of the Tacony-Palmyra Bridge) every few weeks to check on our store there.