Has anyone else received this?

[1HappyGuy 45]

The thing here is that USCIS is intepreting the IMBRA law in their own manner. Remember this is a governmental agency that can pretty much do as they wish without much fear from the congress. The IMBRA law gives them the opportunity to interpret it as they wish even though it is clear from the writing of the law that certain aspects are not specified. In my comment listed under IMBRA special topics as IMBRA restrictions I noted that they have changed the interpretation from "and" to "or" when considering the conditions of an applicant.

Whatever the case, your best course of action is to write a letter requesting a waiver from the restrictions and give a very detailed account of your past actions. I would cite times, case numbers and whether anyone actually came to America, etc. This is definitely a case where honesty is the best policy. Right now the issue of waivers is totally new. The USCIS does not have much in the way of guidelines except what they issue themselves. You might look to their website for new guidelines under the caption "What's New". They are issuing their own guidelines so perhaps you will find a way of making sure they can approve you.

I don't think they have been given any guidelines regarding waivers, so make your case and make it well. If necessary cite the new law along with a copy of it highlighted for them. You want to appear that you also understand this law and are demanding your rights. Just don't be demanding in the letter. Write it several times so that it is clear, understandable, concise and to the point. If you are still unsure, then by all means employ an attorney that specializes in immigration issues. But, your time is limited so get it together. Maybe spend this weekend drafting several letters with as much documentation as you can.

Good luck!

[aussiewench 9]

I don't think they have been given any guidelines regarding waivers

http://www.uscis.gov/graphics/lawsregs/handbook/IMBRA072106.pdf

[ariana05 0]

Thank you everyone for your comments. I was up early this morning drafting my waiver and I sent it in the mail today. I made copies of all my documents that I received for my prior case including the letter that stated that I requested to cancel it. I highlighted every where that it said I-130. I also returned a copy of the letter they recently sent me and highlighted I-129F there, no where on that form does it state I-130.

They actually included a self addressed envelope that had their address in red and ATTN: RFE was on it but I wrote it again a copy times myself.

So just which me luck and I will keep you posted as to their response.

[Mew 0]

Good luck!

[ariana05 0]

Well the good news is that after almost 2 months of waiting on a response I finally got some good news. My case was approved yesterday. Thanks to you all for your support.

[JaJo 1]

Good to know everything worked out. Congratulations on your approval!

[MDSMIF 0]

CONGRATS! IM GALD THEY ARE GETTING THE OLDER APPLICATIONS OUT OF THE WAY.

[heishe 2]

Well the good news is that after almost 2 months of waiting on a response I finally got some good news. My case was approved yesterday. Thanks to you all for your support.

Yay! I'm so happy for you!

[ariana05 0]

Thank you all. I am so happy.