REFILED a new I-130 and I-485 petition with a lawyer. please help

[pot121 1]

Hi Everyone,

My Ex and I had previous I-485 and I-130 and I-765 application last year 2010. My employment permit has been approved. and was scheduled for interview on april 2010. We didnt go to the interview and later on decided to get divorced. We never told USCIS about it. We left it like that and I move to a different state.

I am now happily married to my new husband and everyhting is going well with us. I found out that the previous case was denied due to abandonment. We hired a lawyer to refile a new petition for me through my new husband. I am just so worried, cos it's been over a month now after the lawyer sent the application and we never got any notice of action from USCIS. And earlier today I found out the the check and money order for the filing fees for I-485 and I-130 hasn't been cashed out yet. Does that mean they never got our application? I am thinking something is wrong, I'm thinking my lawyer never sent our application. I've been calling her asking what happened and she said sometimes they are slow sending notices/receipts. I don't know if she is saying the truth. I don't know what to do.

please help

[MinnielovesMickey 4]

hi...i think it is really normal not hear from USCIS for 1 month...just be patience you might hear something from them later on this coming days.But if it is beyond a month already you have to call them.Track the package also if USCIS really received your case.I waited for 1month and few days before i heard soemthing from USCIS and it was notice action saying they received my case.It has a lot of worries waiting for updates from USCIS i've been on that situation,i even blame the post office,thinking of negative thing why no news yet etc..they cashes my check almost a month also.

[Little_My 464]

How did you originally arrive in this country? If you came with a K-1 visa, then you are in a very difficult situation in terms of your new application for permanent residence. If you came under some other non-immigrant status, then there is a chance this petition will be approved - but in any case, you have definitely overstayed your previous visa and are out of status, which means that you cannot leave the US until you actually have the physical green card in your hand. Also, you should be prepared for a challenging interview because of the previous petition.

USCIS does usually send a notice of receiving the application within 30 days from when it was mailed, so I would make an infopass or try to call them pretty soon if you don't hear anything within the next few days.

[pot121 1]

minnielovesmickey - Did you file here in the US? or out of the country? I don't have any tracking number since the lawyer was the one who filed it. She said I should be able to get a notice too in the mail as a courtesy to me.

Little_My - I came with a J1 visa. Im just so worried cos the lawyer said We should be able to get a respond from them within weeks. and its been over a month now. And I do not know who to call and what to say since I hired a lawyer who supposed to be doing all these stuffs for me. do you know about the Travel document? How does that work?

[Little_My 464]

A travel document won't do you any good because of your overstay.. you've been in this country out of status since your previous AOS application was considered abandoned. If you have between 180 and 365 days of overstay, you are subject to a 3 year ban, and if you have over a year of overstay, you are subject to a 10 year ban. This ban won't take affect as long as you stay in the US, but it would be in force immediately if you left the US. This essentially means that you will not be able to leave the US until you have the physical green card in hand. If you filed the I-131 form for the AP travel document, it will be issued - but you cannot use it. If your lawyer has not informed you of this, I would seriously consider getting a new one - or continuing without one.

You can make an infopass appointment at your local USCIS office to inquire about the status of your application, or try to call their customer service number. However, your lawyer should definitely have some kind of a tracking number that would help to determine if it was delivered to USCIS or not - unless she sent it through regular USPS, which would have been very dumb. I would keep pressuring your lawyer about it until you get some answers.

[Ban Hammer 13,334]

moved to a more appropriate forum.

[pot121 1]

Hi Everyone,

My Ex and I had previous I-485 and I-130 and I-765 application last year 2010. My employment permit has been approved. and was scheduled for interview on april 2010. We didnt go to the interview and later on decided to get divorced. We never told USCIS about it. We left it like that and I move to a different state.

I am now happily married to my new husband and everyhting is going well with us. I found out that the previous case was denied due to abandonment. We hired a lawyer to refile a new petition for me through my new husband. I am just so worried, cos it's been over a month now after the lawyer sent the application and we never got any notice of action from USCIS. And earlier today I found out the the check and money order for the filing fees for I-485 and I-130 hasn't been cashed out yet. Does that mean they never got our application? I am thinking something is wrong, I'm thinking my lawyer never sent our application. I've been calling her asking what happened and she said sometimes they are slow sending notices/receipts. I don't know if she is saying the truth. I don't know what to do.

please help

On my other post, Someone said that the AP travel document will be issued but cannot be used? My lawyer said I can. Now I'm confused. I just hope my lawyer knows what she is doing.

Edited August 25, 2011 by potsy121

[pot121 1]

Evryone I just moved to a different forum. please follow as I need your help. Thanks!

[bigdog 376]

Hi Everyone,

My Ex and I had previous I-485 and I-130 and I-765 application last year 2010. My employment permit has been approved. and was scheduled for interview on april 2010. We didnt go to the interview and later on decided to get divorced. We never told USCIS about it. We left it like that and I move to a different state.

I am now happily married to my new husband and everyhting is going well with us. I found out that the previous case was denied due to abandonment. We hired a lawyer to refile a new petition for me through my new husband. I am just so worried, cos it's been over a month now after the lawyer sent the application and we never got any notice of action from USCIS. And earlier today I found out the the check and money order for the filing fees for I-485 and I-130 hasn't been cashed out yet. Does that mean they never got our application? I am thinking something is wrong, I'm thinking my lawyer never sent our application. I've been calling her asking what happened and she said sometimes they are slow sending notices/receipts. I don't know if she is saying the truth. I don't know what to do.

please help

A month is not long these days, check your tracking on the mailing.

[milimelo 4,477]

Moving to AOS from work, student, tourist visa.

[pot121 1]

I do not have any tracking number since my lawyer filed it. Every time I tried to ask her she doesn't respond. The last time she answered she said they are slow on sending out notices.

[pot121 1]

How do I know If I am on removal proceeding? I am thinking maybe that is the main reason why I do not get any notice from USCIS.

[pot121 1]

How do I know If I am on removal proceeding? I am thinking maybe that is the main reason why I do not get any notice from USCIS.

[Little_My 464]

Yes, as I said in your other post - if you and/or your lawyer submitted the I-131 form for the AP travel document, it will be issued - it is always issued, whether or not the applicant is actually eligible to use it. However, because you have overstayed your previous visa status (the J1), you are NOT eligible to use the AP for international travel. Because of your overstay, which started from when your previous AOS application was officially considered abandoned by USCIS, you are subject to a ban. According to what you mentioned about the timing of the last application, I would assume at this point you have definitely overstayed for more than a year, which means the ban would be for 10 years. Ths ban would take affect if you left the US before having your GC.

The only reason why would might not be subject to this ban would be if your previous J1 was reinstated after the AOS petition was abandoned, but since you stated you moved to another state, I doubt you resumed your previous studies / whatever activity you were doing on the J1?

[Harpa Timsah 13,258]

Sometimes it takes a month or more to send a receipt notice. I have also seen a case where the lawyer never did send the forms and just lied about doing so. You need to figure out if your lawyer is telling the truth, and what you can do if you think they are not.

I think you case is going to have a lot of problems, but these problems are not causing the delay in receipt notice.

Also, you cannot use AP.