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Posted

PLEASE GO BACK TO INDIA.IT IS ONLY BECAUSE OF OVERSTAYS LIKE YOU IMMIGRATION IS SO HARD FOR US.PLEASE GO BACK.AND IF YOU MARRY A WOMAN TO GET YOUR GREENCARD YOUR #### IS BUSTED FOR GOOD. SO PLEASE PLEASE GO BACK

This is an unnecessarily rude response!!

The OP is on this forum looking for help, his case doesn't make yours any harder or easier.

Old and Grumpy....But an American Citizen!!!

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

I'm so sorry to hear about your situation!!! As a Canadian, I would really suggest you consider immigrating there. You will have to go back to India first but if America is not an an option, Canada is a great one. There is a large indian population there, school for your kids would be much less expensive and, health care is free!! I'm from Vancouver and it is a beautiful place to live. Whatever you decide please have your kids leave the country before the age of 18 if you do not get your status changed. They deserve to have a chance at legal immigration to America, or even to visit if your immigration does not go through. Good luck whatever you decide to do.

Edited by SaraDee

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

Filed: AOS (apr) Country: Canada
Timeline
Posted

PLEASE GO BACK TO INDIA.IT IS ONLY BECAUSE OF OVERSTAYS LIKE YOU IMMIGRATION IS SO HARD FOR US.PLEASE GO BACK.AND IF YOU MARRY A WOMAN TO GET YOUR GREENCARD YOUR #### IS BUSTED FOR GOOD. SO PLEASE PLEASE GO BACK

You are rude and completely out of line!! Your comments are not appreciated on this forum. Clean up your act or leave!

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

Filed: Citizen (apr) Country: Romania
Timeline
Posted

I'm so sorry to hear about your situation!!! As a Canadian, I would really suggest you consider immigrating there. You will have to go back to India first but if America is not an an option, Canada is a great one. There is a large indian population there, school for your kids would be much less expensive and, health care is free!! I'm from Vancouver and it is a beautiful place to live. Whatever you decide please have your kids leave the country before the age of 18 if you do not get your status changed. They deserve to have a chance at legal immigration to America, or even to visit if your immigration does not go through. Good luck whatever you decide to do.

:thumbs: I agree.

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

Filed: AOS (pnd) Country: France
Timeline
Posted

I don't see why not!

I was thinking about you, we are mostly saying may be your attorney knows something different, may be you could send her the link to this post and she can see if we know everything and also if she is going to appeal just if she can get money out of you she ll see your educated and will say it's time to stop

7/28/04 we met

10/ /06 started dating long distance, not fun

7/15/08 we gave birth to a beautiful baby boy

11/11/10 we got married in amazing Santa Barbara

11/17/10 mailed I 130, I 131, AP and EAD

11/25/10 package received

12/06/10 checks cashed

12/08/10 Email/ text

12/11/10 NOA hard copies in the mail

01/ /11 biometrics walk in successful in Oxnard

02/07/11 EAD in production, AP post decision activity

02/11/11 AP in hand

02/14/11 EAD in the mail!!!!!!!

02/17/11 EAD in hand + applied for SSN

04/13/11 Interview and Approval letter, card in production!!!

Thank you visa journey!

Filed: Lift. Cond. (apr) Country: India
Timeline
Posted

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.

Sikhs do not belong to a separate race. I understand the predicament you're in but, please, don't play the 'race' card.

While an approved I-140 means that an immigrant visa is available, one must still meet the eligibility requirements in order to receive it. Since you were out of status, you were not able to adjust your status, thus, your request for AOS was rightly denied.

Have you asked your lawyer what the basis for the writ of mandamus is? From my understanding, those are usually filed to compel USCIS to act on your case within a limited time-frame. From what you've said and from what I've understood so far, USCIS has already made their decision. TWICE. And if nothing has changed in the circumstances, then I don't see much hope for your third attempt. You should really be talking to your attorney RIGHT now especially since she's the one who is getting paid and to be fair, she might know more than you do at this point. 8 years is a long time to remain uninvolved and in-the-dark about your immigration-status -- it's time to change that.

While this is not what you wanted to hear, I strongly urge you to consider returning to India -- you don't want your sons' adult lives starting off on the wrong foot.

FYI: Indians, as far as I know, do NOT qualify for the DV/Lottery. I mean, look around you. There's already too many of us, it's not like we're a rare breed of the human-race. :P

03/27/2009: Engaged in Ithaca, New York.
08/17/2009: Wedding in Calcutta, India.
09/29/2009: I-130 NOA1
01/25/2010: I-130 NOA2
03/23/2010: Case completed.
05/12/2010: CR-1 interview at Mumbai, India.
05/20/2010: US Entry, Chicago.
03/01/2012: ROC NOA1.
03/26/2012: Biometrics completed.
12/07/2012: 10 year card production ordered.

09/25/2013: N-400 NOA1

10/16/2013: Biometrics completed

12/03/2013: Interview

12/20/2013: Oath ceremony

event.png

Filed: Timeline
Posted

Thank you Sachin and Cookie... I talked to my lawyer, I told her the Writ of Mandamus doesnt control and stuffs this is what she said... a Writ of Mandamus can do more than just Order USCIS to hurry up-it can also Order them to consider a case they should consider-the I485 applications. It will be expensive for your family but I think you have a good chance of winning the case. Also, when I took your case, you and your family had already been out of status more than one year so the ten year ban on returning to the US if you leave was already there. The ban does not apply if you stay here to adjust your status. If you return to India to wait for your visa priority date which will be several years away from now, you will have to file an application for waiver of the 10 year ban and that will have to be approved. The ban can be waived and some consulates have a 95 percent approval rate for the applications.

She also said "It is not your fault and it is not my fault what happened. It is the Immigration Office who is trying to say they did not receive the application fees when we both know they did receive them-they stamped the check and then returned it to me. If you blog the date the application was filed you can see that a lot of people had problems with that office at the same time. I should be able to clear it up with a writ of mandamus"....

so what should I do??? Wait... Thats word for word from my lawyer

Posted

Well you need to exhaust all options and this is an option.

All the best.

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.

Filed: Other Country: Russia
Timeline
Posted

Thank you Sachin and Cookie... I talked to my lawyer, I told her the Writ of Mandamus doesnt control and stuffs this is what she said... a Writ of Mandamus can do more than just Order USCIS to hurry up-it can also Order them to consider a case they should consider-the I485 applications. It will be expensive for your family but I think you have a good chance of winning the case. Also, when I took your case, you and your family had already been out of status more than one year so the ten year ban on returning to the US if you leave was already there. The ban does not apply if you stay here to adjust your status. If you return to India to wait for your visa priority date which will be several years away from now, you will have to file an application for waiver of the 10 year ban and that will have to be approved. The ban can be waived and some consulates have a 95 percent approval rate for the applications.

She also said "It is not your fault and it is not my fault what happened. It is the Immigration Office who is trying to say they did not receive the application fees when we both know they did receive them-they stamped the check and then returned it to me. If you blog the date the application was filed you can see that a lot of people had problems with that office at the same time. I should be able to clear it up with a writ of mandamus"....

so what should I do??? Wait... Thats word for word from my lawyer

Being out of status is the reason your AOS was denied. A writ of mandamus may force USCIS to make a ruling, but I still don't see why she thinks that ruling would be in your favor. Why does she think you have a good chance of winning the case if you were out of status for over a year? Did she explain why? IMO, if you were out of status they already made the correct ruling.

The disconcerting thing to me is that the only thing your attorney said that really makes sense is that it is going to be very expensive.

QCjgyJZ.jpg

Filed: AOS (apr) Country: Algeria
Timeline
Posted

Once again, 100% agree with Dakine. Your case was denied NOT because they didn't receive the fees (rather they did or didn't) but because you were out of status. She knows that. Secondly, she mentions that "if you leave the US to wait your visa priority date" Please correct me if I'm wrong-but didn't you already reach the "visa priority date" via the I-140, which is why it was accepted but you were ineligible to adjust status because you overstayed your visitor's visa. So I am confused why she keeps going back to them saying you didn't file the correct fees. Wasn't your I-140 approved? It's my understanding if you didn't send the correct fees at the time of application, they would have rejected your packet then. But again, you already overstayed, so the fees issue shouldn't really be the issue your lawyer is making of it. It seems that she is grasping at straws to keep you as a client and keep the money coming. If she already filed the writ of mandamus, sure I guess you can wait. But I wouldn't keep paying this lady personally. I do not expect that they will make a ruling in your favor. USCIS is not a compassionate person. There are rules. You are one in hundreds at least that have overstayed their visas and are now out of status. Anyway, best of luck to you. Please keep us updated.

02/21/99 Hubby entered with F1 student visa D/S

May 2002 He stopped attending school because he couldn't afford it any longer.

03?/2002 USC sibling I-130 petition

02/2009 Met hubby

08/2009 Sibling petition approved but ineligible to adjust status due to overstay

07/10 Married :)

11/22/10 [day 0]- mailed AOS packet!! should be there by noon 11/23/2010

12/3/10 [day 11]- received email/text notification of acceptance from USCIS

12/3/10 hubby surprised me with a trip to Los Angeles for my birthday...no problems :)

12/6/10 [day 14]- received hard copy NOA1 in mail

12/7/10 [day 15]- checks cashed...ouch

12/15/10 [day 23]- rec'd biometrics appt set for Dec. 28th at 10 am! :)

12/28/10 [day 36]- successful biometrics appt

01/27/11 [day 66]- rec'd interview appt set for March 10th at 10 am :)

02/25/11 [day 95]- rec'd EAD

03/10/11 [day 109]- Interview, Green card approved!! :)

Next Step: Removing conditions in 2 years.

Filed: Timeline
Posted

Yes my I-140 was approved but I replied to her saying, why does it matter if our visa was approved we are out of status which they dislike and than when are you going to form the writ of mandamus.. she said.. No it doesn't matter-you overstayed your visa a long time ago-your family originally entered the us on tourist visas which have long since expired-you have been out of status since that time except for the period when your I-485's were pending. I am going to try to get USCIS to go ahead and adjust you with a threatening letter first. If they refuse, I will file the Writ of Mandamus. I will give them 30 days to answer before I file the Writ.

I doubt this will work...It's like like i am a super star and they will accept but what do you think I should ask her?? Any suggestions

Filed: AOS (apr) Country: Algeria
Timeline
Posted

Hehe. Sorry I did have to laugh that she thinks she can threaten USCIS.

I would ask her why she thinks she will be successful? Has she had a similar case before where she was successful? If you think she is telling the truth and not trying to scam you for money, I would highly advise consulting with another (or more) immigration attorneys to see what their opinion is. Do you get the feeling she is being honest with you, or just trying to keep dragging you along as a client as long as possible?

02/21/99 Hubby entered with F1 student visa D/S

May 2002 He stopped attending school because he couldn't afford it any longer.

03?/2002 USC sibling I-130 petition

02/2009 Met hubby

08/2009 Sibling petition approved but ineligible to adjust status due to overstay

07/10 Married :)

11/22/10 [day 0]- mailed AOS packet!! should be there by noon 11/23/2010

12/3/10 [day 11]- received email/text notification of acceptance from USCIS

12/3/10 hubby surprised me with a trip to Los Angeles for my birthday...no problems :)

12/6/10 [day 14]- received hard copy NOA1 in mail

12/7/10 [day 15]- checks cashed...ouch

12/15/10 [day 23]- rec'd biometrics appt set for Dec. 28th at 10 am! :)

12/28/10 [day 36]- successful biometrics appt

01/27/11 [day 66]- rec'd interview appt set for March 10th at 10 am :)

02/25/11 [day 95]- rec'd EAD

03/10/11 [day 109]- Interview, Green card approved!! :)

Next Step: Removing conditions in 2 years.

Filed: Timeline
Posted

haha, That's what I was wondering -_-...I really can't tell if she is serious, she told me a month ago she was going to file the writ of mandamus, a month later she tells me she is going to threaten... okay Ima email her that and let you know about the reply guys.

Filed: AOS (pnd) Country: France
Timeline
Posted

To be honest I think she is using you, I think you should contact someone else or two or 3 sometimes you can just call and explain the situation and they can tell you if they ll take your case or not. I feel so bad she doesn't seem very trustworthy

7/28/04 we met

10/ /06 started dating long distance, not fun

7/15/08 we gave birth to a beautiful baby boy

11/11/10 we got married in amazing Santa Barbara

11/17/10 mailed I 130, I 131, AP and EAD

11/25/10 package received

12/06/10 checks cashed

12/08/10 Email/ text

12/11/10 NOA hard copies in the mail

01/ /11 biometrics walk in successful in Oxnard

02/07/11 EAD in production, AP post decision activity

02/11/11 AP in hand

02/14/11 EAD in the mail!!!!!!!

02/17/11 EAD in hand + applied for SSN

04/13/11 Interview and Approval letter, card in production!!!

Thank you visa journey!

 
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