what to do while waiting for 2 year rule is pending after getting I485 denial?

[john5151 0]

I think he is agreeing with you and complaining about this person's lawyer for not submitting a motion in time/not knowing about HRR req. I had to read it a few times too.

Yes I was complaining about my attorney for not knowing about HRR req OR not telling it to me just to make more money out of me, because they wanted me to pay them another $2000 for hardship waiver appplication, also another $3000 for representing me at the immigration court. Then I terminated our contract.

The thing I still want to undertstand is; right before termination she (my attorney) told me to wait until I get a NOTICE to APPEAR ( NTA ) letter. Eventhough USCIS denial letter says wait until you get your HRR req. ( 2 years rule ) granted and reapply for i485, she didnt even mention about this option of refiling i485.

I prefer to go to court because it seems to be done cheaper eventhough more risky. What do you think? Can I apply to immigration court by myself right after I get my 2 years rule waived?

Thanks again

[john5151 0]

Sorry to hear that. We also thought at the beginning that marriage would have solved the 2-year requirement, but it took us 1 hour on the internet to find out that it was not the case. Stupid lawyer!

You need to apply for the waiver ASAP! Maybe you can add a note in your statement of reason, in which you explain your situation and they maybe will do an expedite procedure for you. Contact you embassy ASAP to know what they want to give you the No-Objection Statement. It may take you time to put the documents together. The waiver will take about 3 months, if you send all the documents right.

Good luck!

Mathilda

I already applied for a waiver in December 2009 and it is almost done, A No Objection is sent to State Dept. from my embassy.

I guess lawyer was not stupid, she was so smart to get more money out of me. I paid her $3500 for wasting my time, and also the money I paid for filing fees and returned as a headache. All I want is to see the immigration judge to tell him/her all story I had, maybe it works. We have no money left for reapplication fees at least for another 3-4 months.

Thanks again

[john5151 0]

Just a thought, is it possible to file the motion to reopen with evidence that approval of the 2-year rule waiver is pending? Or are there any other motions that can be filed, i.e. in court cases you can file a motion for continuance (which gives you more time to collect evidence needed for your case or be ready for trial given whatever other circumstances are applicable). I am not familiar with this aspect of immigration law, but looking at the US court system & administrative law, it seems it should be possible. I know that for the most part you can't argue with USCIS, but I am just wondering if something like that could be an option - maybe the more experienced people here or an immigration attorney will know.

Thanks for your time,

""Just a thought, is it possible to file the motion to reopen with evidence that approval of the 2-year rule waiver is pending?""

I don't think it will work, because on the denial leter it says 2 year rule should have been waived prior to file i485.

1 month period of time for motion or appeal has ended already a couple of days ago. I dont know how to take it to court, my old attorney had told me to wait untill you get Notice to Appear at the court. I Still dont know what my best bet is

Thanks again though.

[john5151 0]

You can file a motion to reopen but it will be denied. If the I-485 is not approvable then USCIS is compelled to deny it. If you end up at the point where you're standing in front of an immigration judge then you may ask for a stay while the waiver application is being adjudicated, and the judge has the discretion to grant the stay. Most attorneys would strongly recommend you don't send the I-485 until the waiver has been approved.

Bear in mind that immigration is neither a criminal nor civil legal process. Dealing with USCIS is no different, from a legal perspective, from dealing with any other government agency that handles discretionary benefits. You can ask for a benefit. If it's denied then you can use whatever appeals process they provide. If you want the normal procedures and protections of the court system then you need to file a suit against the agency. That forces the agency to justify their decision according to the law. It also costs a truckload of money.

My 2 years rule waiver is almost granted. How do you think I can see the judge? What is the process? what are the steps I need to take to see him/her? or Since I will not be taking any more action with USCIS, should I just wait and they will call me one day?

Thanks again

[JimVaPhuong 4,863]

My 2 years rule waiver is almost granted. How do you think I can see the judge? What is the process? what are the steps I need to take to see him/her? or Since I will not be taking any more action with USCIS, should I just wait and they will call me one day?

Thanks again

You don't get to see the immigration judge unless you are placed in removal proceedings. Right now, you should just wait for the waiver to be approved, and then resubmit the I-485. If you get placed in removal proceedings and called in for a master hearing before you get your waiver then you can ask the judge for a stay while you wait for the waiver.

[john5151 0]

You don't get to see the immigration judge unless you are placed in removal proceedings. Right now, you should just wait for the waiver to be approved, and then resubmit the I-485. If you get placed in removal proceedings and called in for a master hearing before you get your waiver then you can ask the judge for a stay while you wait for the waiver.

Let say I get called for a master hearing, can judge give me the green card or he will want me to wait and reapply for i485?

When you think they will place me in removal proceedings?

Thanks

[JimVaPhuong 4,863]

Let say I get called for a master hearing, can judge give me the green card or he will want me to wait and reapply for i485?

When you think they will place me in removal proceedings?

Thanks

Immigration judges do have the authority to grant legal status but they don't often exercise that authority unless they believe an immigration benefit was wrongfully denied by DHS. It would be pointless to ask the immigration judge to rule on your previously denied I-485 because it was properly denied, and the judge would agree. What the judge will probably do is order a stay of removal while your waiver application is pending, giving you a specific date to return. If you return with an approved waiver then the judge would likely remand your case back to USCIS for adjudication.

USCIS could initiate removal proceedings today, tomorrow, next week, next month, next year, or even never. Many people overstay their visas and are never placed in removal proceedings. You've increased your chances because you brought USCIS attention to yourself by filing the I-485. If they're going to begin removal proceedings then they'll usually do it soon after the window of opportunity to file a motion to reopen has expired.

If you do end up in removal proceedings then do not go to the hearing without a competent immigration attorney, and not the bonehead you hired before.

[john5151 0]

Immigration judges do have the authority to grant legal status but they don't often exercise that authority unless they believe an immigration benefit was wrongfully denied by DHS. It would be pointless to ask the immigration judge to rule on your previously denied I-485 because it was properly denied, and the judge would agree. What the judge will probably do is order a stay of removal while your waiver application is pending, giving you a specific date to return. If you return with an approved waiver then the judge would likely remand your case back to USCIS for adjudication.

USCIS could initiate removal proceedings today, tomorrow, next week, next month, next year, or even never. Many people overstay their visas and are never placed in removal proceedings. You've increased your chances because you brought USCIS attention to yourself by filing the I-485. If they're going to begin removal proceedings then they'll usually do it soon after the window of opportunity to file a motion to reopen has expired.

If you do end up in removal proceedings then do not go to the hearing without a competent immigration attorney, and not the bonehead you hired before.

I can not afford to have an immigration attorney anymore, I have to go there only with my wife, I will tell the judge all the problems I had and wait for his decision. I hope everything goes well.

Thank you for your time and all infos you gave me.

[juliava 80]

I already applied for a waiver in December 2009 and it is almost done

So you applied for a waiver over 1 year ago and you haven't received a response since?Something is wrong here, a waiver approval shouldn't take that long. About 3 months ago I read a post about a couple who applied for the 2 yr home residency waiver and they had received the approval in about a month and a half or so.