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

[Ban Hammer 13,487]

duplicate threads have been merged. do not make multiple threads on the same subject - this is the proper location for the topic.

[Mama mia 9]

The payment that you submitted with the AOS package---has that check been cashed?

[pot121 1]

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?

No I did not continue my J1. It has not been reinstated. I overstayed for more than a year. I just dont understand why she never told me about the AP travel document. I could get in trouble and messed up everything If I left the US. Thanks for your advise. How do I know If I am on removal proceeding? Could that be the case why I havent got anything from the USCIS? The denial letter from USCIS did not say anything about deportation at all.

[pot121 1]

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.

I am really thinking that she did not send the application at all. I emailed her a couple of times and also told her that the filing fees hasnt been cashed out yet. what problems are you referring to?

The payment that you submitted with the AOS package---has that check been cashed?

No I found out yesterday that the filing fees has not been cashed yet. does that mean they never got it?

[Kehinde 45]

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

Why not just call them? They will tell you if they received it or not. And that they are working on it and will contact you later to let you there actions.

[Little_My 464]

First, if I were you, I'd march into that lawyers office and park my butt in her doorway and not let her out until I got some straight answers. Unless she is absolutely clueless and a total idiot, she would not have mailed an AOS package with checks inside without doing it through a trackable method - i.e. USPS Express mail or UPS.

Second, while you are sitting in her doorway refusing to leave, you can also call USCIS and ask them. Though you mailed it through a lawyer, you are still the applicant and can ask about the status of your case. They should be able to tell you if they have it or not. Did your lawyer sign you up for email notifications? If not, then the hard copy NOA should be coming to the lawyers office, not to you. You are already past the normal time it takes to get a notice from USCIS and them cashing your checks, so I'd definitely get to the bottom of this.

Third, I would definitely grill your lawyer about why she did not talk to you about the fact that you will not be able to use the AP, which means that there was no point to even apply for it in the first place. She should have known that.

The problems Harpa was referring to relate to your previous AOS petition. You arrived in this country nder non-immigrant status, then met a man, then filed for AOS. This is all OK - but then, you end up divorcing him and just disappearing, leaving the AOS pending, not showing up to the interview - this is not OK. Not to mention that because of that you haev now overstayed sinve you abandoned that application.

None of this means that you cannot be granted a GC now with this new application - it just means that you should be ready to go through more scrutiny and tough questions than many others.

[pot121 1]

Why not just call them? They will tell you if they received it or not. And that they are working on it and will contact you later to let you there actions.

I want to. But I don't know what to tell them, I don't have any copy of out application.

[Little_My 464]

Your name, DoB, SSN (if you have one), for example. That should be enough for them to determine if it has been received or not.

[pot121 1]

First, if I were you, I'd march into that lawyers office and park my butt in her doorway and not let her out until I got some straight answers. Unless she is absolutely clueless and a total idiot, she would not have mailed an AOS package with checks inside without doing it through a trackable method - i.e. USPS Express mail or UPS.

Second, while you are sitting in her doorway refusing to leave, you can also call USCIS and ask them. Though you mailed it through a lawyer, you are still the applicant and can ask about the status of your case. They should be able to tell you if they have it or not. Did your lawyer sign you up for email notifications? If not, then the hard copy NOA should be coming to the lawyers office, not to you. You are already past the normal time it takes to get a notice from USCIS and them cashing your checks, so I'd definitely get to the bottom of this.

Third, I would definitely grill your lawyer about why she did not talk to you about the fact that you will not be able to use the AP, which means that there was no point to even apply for it in the first place. She should have known that.

The problems Harpa was referring to relate to your previous AOS petition. You arrived in this country nder non-immigrant status, then met a man, then filed for AOS. This is all OK - but then, you end up divorcing him and just disappearing, leaving the AOS pending, not showing up to the interview - this is not OK. Not to mention that because of that you haev now overstayed sinve you abandoned that application.

None of this means that you cannot be granted a GC now with this new application - it just means that you should be ready to go through more scrutiny and tough questions than many others.

I finally talked on the phone with this lawyer today, She said that USCIS received our application that she checked the tracking number. But still I don't know if that is true. She also said that she is thinking that maybe when USCIS looked up to their system, It shows that I have a pending case even if they denied the case already, cos I will have the same A# from my previous case. and maybe thay never update it. And again she said she will try to find out what happened.

Your name, DoB, SSN (if you have one), for example. That should be enough for them to determine if it has been received or not.

What if they never got it. I'm afraid I will get in trouble, since I'm out of status right now. They might put me to deportation.

[ceadsearc 516]

I finally talked on the phone with this lawyer today, She said that USCIS received our application that she checked the tracking number. But still I don't know if that is true. She also said that she is thinking that maybe when USCIS looked up to their system, It shows that I have a pending case even if they denied the case already, cos I will have the same A# from my previous case. and maybe thay never update it. And again she said she will try to find out what happened.

Did she give you the tracking number? I would really suggest a new, better lawyer, especially given the problems you are likely to have through the rest of the process.

Also, you should receive the NOA1. Your address is the one on the forms. If you haven't gotten that in the mail and don't receive it soon when your lawyer says she has already gotten your tracking number, I'd be even more suspicious of what games your lawyer is playing.

[carolynhotstuff 252]

You should insist on getting copies of your application and supporting documents. Stop acting so helpless your future is at stake here.

[pot121 1]

I know. But I already paid her alot of money. She even told me it will take 10 months to get an interview. most likely by march 2012. but i checked the processing times is 4months for 1-485 and 5months for I-130.

[Little_My 464]

The longer you keep her on board, the more she will end up costing you - and possibly not only in money. Personally, I would try to get rid of her as soon as possible, but not before you've found out what is going on with your application.

[ceadsearc 516]

Where are you located? Some areas are taking longer than 4-6 months but 10 months sounds like a lot. It sounds like your attorney either doesn't know what she is doing or is flat out lying to you. Next she will probably need more money for her extended services or something else. Run.

[pot121 1]

In Lousiana. She said after Hurricane Katrina things got worst and never the same. And a little slow on processing. I checked USCIS website it says 4months timeframe. updated aug 17, 2011. Hope that is accurate