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Lawyer has advised to file from New York instead of New Jersey

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

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Darnell Grand Master

Darnell   8,479

Posted
Filed: IR-1/CR-1 Visa Country: China
 Timeline
Posted

what prior visa is 'adjusting' from ?

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

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Darnell Grand Master

Darnell   8,479

Posted
Filed: IR-1/CR-1 Visa Country: China
 Timeline
Posted (edited)

In these types of 'adjustment' cases,

when someone has gone to the time, expense, and trouble

of

finding a competent immigration attorney -

I always suggest ----

follow yer attorney's advice.

*** moving to AOS/tourist forum ***

Edited by Darnell

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

Myopia Rising Star

Myopia   93

Posted
Filed: AOS (apr) Country: United Kingdom
 Timeline
Posted

Although we live in New Jersey - our immigration Lawyer has advised that using a New York postal address to file our paperwork is essential to avoid a potential court case pending in NJ that will possibly stall all applications for AOS for family spouse / visa - Can anyone corroborate this please?

If you filed from NY , would you have to prove you lived in Ny?

03/09/2011 AOS Application Sent.
03/11/2011 (Day 0) Application Received
03/16/2011 (Day 7) NOA 1 (Text Email)+ (Checks Cashed)
03/19/2011 (Day 10) Hard Copy of NOA 1
03/28/2011 (Day 19) Biometrics letter 4/8/2011
04/08/2011 (Day 30) Successful Biometrics for I-765/I-485
05/13/2011 (Day 65) EAD received in the mail
05/14/2011 (Day 66) Email confirming EAD approved (Case updated online TOUCH)
05/20/2011 (Day 72) SSN In the Mail.

09/08/2011 (Day 200 ) Email notification of Interview.
10/11/2011 Interview at 26 Federal Plaza, NY!
Interviewed and Am expecting RFEs!
10/13/2011 (Day ***) Received RFE-- Requesting that I provide documentation to prove I was never married in Uk or Illin
02/11/2012 (Day ***) Service request..Told its being reviewed by supervisor

24th March 2012!!!!!!!!!!! Email notifiying me of CARD IN PRODUCTION
03/26/2012 (Day 376) Emails confirming that my I-130 and I-485 have been approved.

4/2/2012 Green Card In Hand!

Unbelievable that my journey took this long but Im thankful

Next Stop Premed...Yup!

3/24/2014 Application for conditions to be removed

9/22/2014 APPROVED without interview.

Quickroute Newbie

Quickroute   0

Posted
Filed: Citizen (apr) Timeline
  • Author
Posted

@ Darnell - seems like reasonable advice but doesn't really address my question - I would expect a potential court case with this much of an impact to have made the news headlines but can't find details of it anywhere - has anyone heard anything?

@ Myopia - Yes - We will need to prove we live in NY and we have been advised to ask a friend if we can use their address including switch the NY friends utility bills over to our name. - update our driver license / tax records etc

Kittyfang Proficient

Kittyfang   6

Posted
Filed: Country: Canada
 Timeline
Posted

@ Myopia - Yes - We will need to prove we live in NY and we have been advised to ask a friend if we can use their address including switch the NY friends utility bills over to our name. - update our driver license / tax records etc

Forgive my squirrely ignorance, but wouldn't that be lying, aka misrepresenting yourself? Aka, something that, if USCIS picks up on it, will get you denied and banned for life? (Not judging, honestly, asking)

Adjustment of Status

11/03/10 ------- AoS (I-130/I-485) Package mailed out (Priority Mail)

11/07/10 ------- AoS Package received and singed for

11/10/10 ------- NOA1 received for I-130, I-485 and I-765 (emails)

11/12/10 ------- NOA1 received for I-130, I-485 and I-765 (hard copies)

11/12/10 ------- Touches on I-130, I-485 and I-765

11/19/10 ------- Biometrics appointment letter received

12/06/10 ------- RFE for I-693 (I think the issue is that it was not signed. Called USCIS and will receive a letter in a few days explaining)

12/13/10 ------- Biometrics done

12/16/10 ------- EAD card in production (email)

12/20/10 ------- Received "Letter of Explanation" for RFE (Service Request to expedite my case. Called USCIS and was told to ignore that and just send in response to RFE.)

12/22/10 ------- Touch (Email for Post Decision Activity on EAD saying that a letter of approval has been mailed out)

12/24/10 ------- Received EAD in the mail

12/27/10 ------- Applied for SSN

12/31/10 ------- Received Interview letter

01/03/11 ------- Received SSN card in the mail

01/07/11 ------- Mailed out response to RFE (I-693)

01/15/11 ------- Email confirming USCIS received RFE response

01/31/11 ------- Approved!

Pre-Adjustment of Status:

2006 -------- Met Online

02/07 ------- Visited him in the U.S. for what was suppose to be a few weeks (Came in with birth certificate and health card. Health card expired a few months after)

08/07 ------- Decided to get married because we didn't want to be apart (in the U.S.)

10/10 ------- USCIS Medical Done

Kittyfang Proficient

Kittyfang   6

Posted
Filed: Country: Canada
 Timeline
Posted

@ Kittyfang - yes it would be lying - which makes me uncomfortable but the lawyers justification is "maybe damned if you do - definitely damned if you don't" - since our case will go into limbo if we file from New Jersey

Like Darnell said, when someone went trough the trouble, and expense of hiring a lawyer, it's best to follow their advice. :blush: ... Actually, since VJ's code of conduct clearly state that no member can condone lying, I think this is as honest an answer as you're gonna get. :unsure:

Adjustment of Status

11/03/10 ------- AoS (I-130/I-485) Package mailed out (Priority Mail)

11/07/10 ------- AoS Package received and singed for

11/10/10 ------- NOA1 received for I-130, I-485 and I-765 (emails)

11/12/10 ------- NOA1 received for I-130, I-485 and I-765 (hard copies)

11/12/10 ------- Touches on I-130, I-485 and I-765

11/19/10 ------- Biometrics appointment letter received

12/06/10 ------- RFE for I-693 (I think the issue is that it was not signed. Called USCIS and will receive a letter in a few days explaining)

12/13/10 ------- Biometrics done

12/16/10 ------- EAD card in production (email)

12/20/10 ------- Received "Letter of Explanation" for RFE (Service Request to expedite my case. Called USCIS and was told to ignore that and just send in response to RFE.)

12/22/10 ------- Touch (Email for Post Decision Activity on EAD saying that a letter of approval has been mailed out)

12/24/10 ------- Received EAD in the mail

12/27/10 ------- Applied for SSN

12/31/10 ------- Received Interview letter

01/03/11 ------- Received SSN card in the mail

01/07/11 ------- Mailed out response to RFE (I-693)

01/15/11 ------- Email confirming USCIS received RFE response

01/31/11 ------- Approved!

Pre-Adjustment of Status:

2006 -------- Met Online

02/07 ------- Visited him in the U.S. for what was suppose to be a few weeks (Came in with birth certificate and health card. Health card expired a few months after)

08/07 ------- Decided to get married because we didn't want to be apart (in the U.S.)

10/10 ------- USCIS Medical Done

JimVaPhuong Veteran

JimVaPhuong   4,863

Posted
Filed: K-1 Visa Country: Vietnam
 Timeline
Posted

@ Kittyfang - yes it would be lying - which makes me uncomfortable but the lawyers justification is "maybe damned if you do - definitely damned if you don't" - since our case will go into limbo if we file from New Jersey

You have a lawyer who obviously has some information. Pin him down. Tell him you want specifics about the case, and why he thinks it will affect you. Don't go to extreme measures or take any drastic action based only on vague references from your lawyer. Demand details.

I disagree with everyone who says just do what your lawyer advises. He's advising you to do something which is fundamentally dishonest. If it were me, I wouldn't do it without a damn good reason.

I've only heard of recent court cases that have made it difficult for VWP overstays to adjust status. I haven't heard about any cases that would cause a problem for someone who entered with a visa.

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

SaraDee Explorer

SaraDee   9

Posted
Filed: AOS (apr) Country: Canada
 Timeline
Posted

I would go see a few other lawyers and see what they say. Tell them that this is what the first lawyer said and see what their response is. If everyone tell you the same thing then you have a better understand of why. If not, you may want to question if lying is the best way to go. Plus, you should know that they have access to utility records so make sure you are not paying utilities in NY and NJ, it may be a red flag.

AOS Timeline

06-28-2010 AOS Packet Sent

07-07-2010 Check Cashed $1010 Ugh!

07-09-2010 NOAs received (I-485,I-130,I-765)

07-14-2010 Biometrics appointment letter received

07-14-2010 RFE (I-864)

07-22-2010 Biometrics appointment

08-20-2010 Submitted RFE Reply I-864

08-24-2010 RFE material received

08-26-2010 Email from USCIS EAD Card Approved

09-03-2010 EAD card received!!!

09-08-2010 Notification of interview date (Oct 12th, 2010)

10-12-2010 Interview-Approved!!!!!

10-26-2010 Green Card Arrived!!!!!!!!

No USCIS till 2012. Wohoooooo

Done--Really Proficient

Done--Really   331

Posted
Filed: Citizen (apr) Country: Mexico
 Timeline
Posted

Information about NJ court case seems pretty nebulous. I am helping a friend in NJ think through the AOS process--he married a woman who came on a B1/B2 visa, and is about to start the AOS process in NJ, so if there is some concrete information I can pass along, that would be very helpful.

juliava Proficient

juliava   80

Posted
Filed: Citizen (apr) Country: Romania
 Timeline
Posted

I've never read on this forum about a similar experience, I mean declaring a different address instead of the real one for AOS. It's pretty unusual and hopefully there is a good explanation/benefit behind it that would make sense to you so you won't get in trouble with USCIS. However, if the attorneys that you are planning to consult advice you the same thing, do it and if you are successfull maybe you can come back and share your experience. Good luck!

My N-400 Journey

06-02-2017 - N-400 package mailed to Dallas Lockbox

06-06-2017 - Credit card charged; received text and email confirming that application was received and NOA is on its way

06-10-2017 - Received NOA letter from NBC dated 06-05-2017

06-16-2017 - Received Biometrics Appointment Letter for 06-28-2017

01-19-2018 - Interview Letter sent

02-27-18 - Interview and Oath Ceremony. Finally US CITIZEN! 

My ROC Journey

03-08-2012 - I-751 package mailed to VSC

03-10-2012 - I-751 package delivered

03-14-2012 - Check cashed

03-15-2012 - NOA received, dated 03-12-2012

04-27-2012 - Biometrics appointment

11-23-2012 - ROC approved

11-28-2012 - Approval letter received

12-06-2012 - 10 years Green Card received

My AOS Journey

04-17-09 I-130&I-485&I-765 received by USCIS

04-19-10 AOS Approved

04-29-10 Green Card received

Darnell Grand Master

Darnell   8,479

Posted
Filed: IR-1/CR-1 Visa Country: China
 Timeline
Posted (edited)

@ Darnell - seems like reasonable advice but doesn't really address my question - I would expect a potential court case with this much of an impact to have made the news headlines but can't find details of it anywhere - has anyone heard anything?

Well, if yer attorney 'has mentioned this', in passing,

then if it's really important (to you or anyone else)

then

you really should get the case filing # , the court name/number, the name of the presiding judge, and then the names of the major lawyers (defendant vs litigant )

and then

study all you can. It may be, that 'the issues' are truly hidden, since it's still a pending court case, but - going in person, talking with the Clerk of the Court, should reveal much. Learn the issues with the court case,

then

compare the issues on that court case with yer own issues

if you have parallel issues, wei ! you might have some good cause to trust yer attornies advice.

If you not have parallel issues - that's ok too - as VETTING THE DATA / VETTING THE OPINION is always a useful endeavor, regardless of the topic.

If/When you learn of anything - let us know? It might be useful for other members here, that are in yer same/exact situation.

Edited by Darnell

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

Myopia Rising Star

Myopia   93

Posted
Filed: AOS (apr) Country: United Kingdom
 Timeline
Posted

@ Darnell - seems like reasonable advice but doesn't really address my question - I would expect a potential court case with this much of an impact to have made the news headlines but can't find details of it anywhere - has anyone heard anything?

@ Myopia - Yes - We will need to prove we live in NY and we have been advised to ask a friend if we can use their address including switch the NY friends utility bills over to our name. - update our driver license / tax records etc

Why dont you just move to NYC? Its not that expensive and at least you wont be lying.

03/09/2011 AOS Application Sent.
03/11/2011 (Day 0) Application Received
03/16/2011 (Day 7) NOA 1 (Text Email)+ (Checks Cashed)
03/19/2011 (Day 10) Hard Copy of NOA 1
03/28/2011 (Day 19) Biometrics letter 4/8/2011
04/08/2011 (Day 30) Successful Biometrics for I-765/I-485
05/13/2011 (Day 65) EAD received in the mail
05/14/2011 (Day 66) Email confirming EAD approved (Case updated online TOUCH)
05/20/2011 (Day 72) SSN In the Mail.

09/08/2011 (Day 200 ) Email notification of Interview.
10/11/2011 Interview at 26 Federal Plaza, NY!
Interviewed and Am expecting RFEs!
10/13/2011 (Day ***) Received RFE-- Requesting that I provide documentation to prove I was never married in Uk or Illin
02/11/2012 (Day ***) Service request..Told its being reviewed by supervisor

24th March 2012!!!!!!!!!!! Email notifiying me of CARD IN PRODUCTION
03/26/2012 (Day 376) Emails confirming that my I-130 and I-485 have been approved.

4/2/2012 Green Card In Hand!

Unbelievable that my journey took this long but Im thankful

Next Stop Premed...Yup!

3/24/2014 Application for conditions to be removed

9/22/2014 APPROVED without interview.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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