No Greencard for 8 years

[Godhelpme 0]

Mrs. Finland, Yes it's 12 months but somehow they gave us more Visa and everyone was suprised that we gotten more than 12 months, I dont know why but we did. Yes we were denied because we were out of our status, meaning our visa expired February 2005, therefore we overstayed our visa.

[Godhelpme 0]

Another fact: We had a different lawyer in December 2004, he filed our labor on B1/B2 visa he never switched us to another Visa. We changed our lawyer around 2007. From my side the old lawyer messed everything up, if he would have changed our visa we probably would have had our greencard by now.

[Dakine10 5,452]

December 2003, we came to India on B1/B2 Visa

When we landed in Houston, they said we have 60 days of Visa.

Next we extended our Visa, we got Visa for another 6 months.

Than after 5 months we extended our Visa again and than we got the Visa until Feburary 2005.

In 2004 December we filed Labor certification through a resturant.

In 2007 they approved our Labor.

In 2008 the whole family (2 adults, 2 kids) got a workers permit for one year, and we also got a SS number.

Than we extended our Workers permits and we got another 2 years.

After that, our I-140 got approved.

Than in January 2010, we had a interview of I-485.

After 15 days of the interview they denied our I-485 because you didnt "maintain" your status and also they added that the fees for I-140 ($475) was submitted late, but our lawyer said that she submitted the fees on time and that she has proof which was a receipt (which I never seen) but she claims she has it.

Than our lawyer re-opened our case, but they denied it.

Than our lawyer put it on appeal, they denied it. Now our lawyer is subitted a writ of mandamus, and she said that we could appeal 3 times, so therefore we have 2 appeals left. We asked our lawyer if she can renew our workers permit but she said it wont work, so she didnt bother trying.

Now my license expires in May, and my wife's April if nothing happens within then we can't drive either.

THAT IS MY FULL SITUTATION!

OK, based on what you have posted so far,

-an approved labor certification and approved I-140 means you are eligible for an employment based green card. However you were not eligible to adjust status. The correct option would have been consular processing. I'm not sure at this point how the attorney expects to win an appeal.

[cookieandcream 10]

I understand you are in a bad position, but did you think about going back to india? you said you are working to much and you owned your business in India, what makes you want to stay so bad?

[Godhelpme 0]

Dakine: so your saying I can't win an appeal? And than I am eligible to get a employment based greencard? Right? What is consular processing?

Cookie: I love this place, my son wants to go to college here and he is doing very well. Last year he was rank #80 out ouf 714 people. But without a greencard it might be hard. Yes I owned a jewlery shop in India. I really want to VISIT India but if I have to go back forever...I'd probably send my son to Canada or something so he can study.

[juliava 80]

Godhelpme - you said it yourself that your I-485 aka your Green Card application got denied because you failed to maintain your status in US. There are things that could be changed and things that can't be changed- like this one. I would say no matter how many times you are going to appeal this decision, you will still be out of status, therefore not eligible to move forward.

[cookieandcream 10]

It seems like regarding immigration you are in a dead end, I think you should take the next step forward and may be go back to india, or could you all move to canada ( it is a little cold but ...) I think it's very important you don't overstay with your children being over 18, it wouldn't be fair to them to make them start their life as an adult this way, plus they can't even leave.

I feel so bad for you, and I wish you the best

plus how much does your lawyer charges you? If he knows there is no way to get an acceptance he should have told you and spare you the expense

[Godhelpme 0]

SO THERE IS NO WAY AT ALL THAT OUR APPEAL WILL BE ACCEPTED? Im thinking of Canada. Lets just say I've paid over $60k already on my whole immigration.

[Godhelpme 0]

One question, i have heard that if your status is basically messed up, they can fine you and your status like resets or something?

[Little_My 464]

Though I am in no way an expert in immigration issues, I do not think there is any legal way to fix the situation with money. Your status does not "reset" no matter what you do - unfortunately, with immigration, you can't clean the slate and start over. What you did in the past is going to follow you all the way through.

What I still haven't been able to understand is where exactly the out of status occurred and how long you were out of status? Also, how old are your children? As long as they are under 18, they haven't started accumulating out of status days yet, so their best interest is to leave the US before they turn 18 to make sure their possible future immigration attempts won't be hurt by this.

[juliava 80]

SO THERE IS NO WAY AT ALL THAT OUR APPEAL WILL BE ACCEPTED? Im thinking of Canada. Lets just say I've paid over $60k already on my whole immigration.

If you are thinking about immigrating to Canada, you still have to go back to India. Right now, if you want to immigrate from USA to Canada you need to show legal status in US and that's not your case. Canada immigration programs are pretty straight forward, however, you need to apply from a country where you have legal status and have the job/skills they are looking for.

60k for immigration is way overboard. That's pure robbery. And I bet your attorney is either from India or from Pakistan. It might not even be a real attorney, only God knows.

Good luck!

[Godhelpme 0]

Mrs. Finland! Oh! I kind of understand your question but im not sure with the answer, the answer they gave us for the deny of our I-485 was too broad to me. They said we didnt "maintain" our status, I guess they mean we overstayed our Visa which expired in February 2005. I believe we got out of status after they denied our I-485 which was in January 2010. So I believe out of status for over an year.

We had a interview for I-485 and it went really good, the lawyer came along with us, I don't know why but I think they denied it beccause of my race. I was just guessing, but I wore a turban to the interview (because the pictures they had of me, was with a turban) and the Security guard was looking at me real close.

She( the persont that was taking the interview) asked us obvious question, first she asked what is your address to my wife, and then she repeated the same question to me. I was really scared and I kept messing up on my own address and she told me to not to be afraid and take a deep breath. She asked my kids like what is your favority subject. Nothing BIG, but why... It's not like I've dont anything bad, in my whole life I always thought of someones good, and I still am.

One kid is 12, and the other 16 at the moment.

[Myopia 93]

Mrs. Finland! Oh! I kind of understand your question but im not sure with the answer, the answer they gave us for the deny of our I-485 was too broad to me. They said we didnt "maintain" our status, I guess they mean we overstayed our Visa which expired in February 2005. I believe we got out of status after they denied our I-485 which was in January 2010. So I believe out of status for over an year.

We had a interview for I-485 and it went really good, the lawyer came along with us, I don't know why but I think they denied it beccause of my race. I was just guessing, but I wore a turban to the interview (because the pictures they had of me, was with a turban) and the Security guard was looking at me real close.

She( the persont that was taking the interview) asked us obvious question, first she asked what is your address to my wife, and then she repeated the same question to me. I was really scared and I kept messing up on my own address and she told me to not to be afraid and take a deep breath. She asked my kids like what is your favority subject. Nothing BIG, but why... It's not like I've dont anything bad, in my whole life I always thought of someones good, and I still am.

One kid is 12, and the other 16 at the moment.

They denied you because you were out of status and the only thing that would have caused USCIS to approve you would have been marriage to a US citizen.

I doubt it is because of your turban. They understand religious practices.

[Godhelpme 0]

So, Im pretty much dead...? The only way I can get citizenship is a marriage to a U.S Citizen?

[cookieandcream 10]

well starting with the basics would be a resident but yes.

To be honest I don't think it would be easy because of your history, and what would you do with your wife?

What about leaving for the time for the 10 years and coming back legally afterwards?