AOS denied, USCIS Stole Our Money, Deportation Proceedings terminated

[Tanisha_Abt 0]

I am married to the US Citizen. I entered the USA on a B1/B2 Visa, my husband and I got married when I found out I was diagnosed with cancer. I was diagnosed with a deadly form cancer and contracted 4 life-threatening surgeries. After my last surgery my husband took me to the USCIS Office to inquiry about the possibility of my Visa extension, but the IO said I don't qualify for it anymore, because I am considered an Immigrant now.

My I-130 is approved. I was arrested in the airport boarding a domestic flight in January 2010 when I was on my way to visit friends and put into deportation proceedings for overstayed Visa. I was released on recognisance a couple days later.

In February 2011 we applied for an AOS with Chicago Service Center (based on the approved I-130)., that's what the attorney recommended us to do. The local USCIS says that we should have applied to Texas SC.

Chicago Service Center cashed our checks and denied my AOS, because I was still in proceedings which was clearly stated in my application. They said the Immigration Judge has a sole authority to grant me an LPR.

My deportation proceedings were terminated by the IJ in May 2011, he didn't grant me an LPR. I filed another AOS before the Immigration Judge and he said he would transfer the file to the local USCIS for further adjudication, I sked the Judge twice if I had to pay anything for it, he said no.

Nothing has been done about it since then. No AOS, no new receipt number, nothing. My EAD has been denied, too.

The USCIS is being extremely unhelpful and wants us to re-file for the AOS again and pay another $ 1070, without honoring the previous payment. They refused to file a Motion to Reopen from their end. I am very frustrated and disappointed.

Now the local USCIS wants us to re-file for the AOS and wants $ 1070 again. It's ridiculous !

If Chicago SC made a mistake, took the money and denied my AOS, how do I get a refund?

What should I do about my AOS with the local USCIS, who was supposed to adjudicate the AOS I filed before the Judge?

I have already contacted the Congressman and CIS Ombudsman. I am a cancer survivor and don't know how much time I have to live.

Thank you very much in advance for your help.

[Inky 1,111]

Moving to adjustment of status from work student tourist as the OP is adjusting from an overstayed B1/B2 not a family visa.

[Tanisha_Abt 0]

Inky, I think they are both related categories, no?

My attorney has filed a brief, requesting our local USCIS office to file a Motion to Reopen or Reconsider with Chicago SC. Loscal USCIS refused to do that and referred us to Congressman

[NancyNguyen 1,657]

This situation is far beyond do-it-yourself forum, please work with lawyer and good luck!

[NancyNguyen 1,657]

By the way, this is refund policy of USCIS:

When an applicant or petitioner pays a filing fee on an application, he or she is seeking a decision from USCIS regarding the applicant or beneficiary’s eligibility for the benefit(s) being sought. In general, USCIS does not refund a fee or application regardless of the decision on the application. There are only a few exceptions to this rule, such as when USCIS made an error which resulted in the application being filed inappropriately or when an incorrect fee was collected. For example, if USCIS advises an applicant to file a waiver application for a ground of inadmissibility which is inapplicable to that applicant, the fee should be refunded.

They clearly gave you a decision (denial) so a refund is necessarily impossible. IMHO, focus on your new petition because argument over the fee would only delay everything.

[Inky 1,111]

Inky, I think they are both related categories, no?

My attorney has filed a brief, requesting our local USCIS office to file a Motion to Reopen or Reconsider with Chicago SC. Loscal USCIS refused to do that and referred us to Congressman

adjusting from a family visa means you entered on a K-3 or K-1 visa. You entered as a tourist and you are adjusting your status from overstayed tourist to legal resident.

[Tanisha_Abt 0]

Thanks Nancy.

And what about AOS with Immigration Court? I haven't heard anything about that part.

My lawyer has only sent a brief requesting the Motion to Reopen from the local USCIS (to be sent to Chicago).

Even when we file a new AOS application, I'm afraid it's gonna be denied again.

The office in Chicago has clearly made a mistake by not forwarding my AOS to the office in Texas.

Inky - ok thanks !

[NancyNguyen 1,657]

If you have a case pending at immigration court, then a lawyer will know how to follow up, and not to refile. Good luck to you.

[Boiler 45,813]

All these questions could and should have been dealt with by your lawyer.

The judge could have considered your AOS but chose not to.

A MTR requires a fee anyway.

Certainly filing for AOS when in proceedings has issues.

All these things should have been clearly explained to you by your Lawyer.

I am somewhat surprised that your travel insurance paid for your surgeries, usually they would pay for you to go home for this sort of treatment.

[jaycali 415]

Hi there,

I'm sorry to hear about your situation! AOS from tourist status is often risky business..

But as Nancy said, this isn't really a DIY case anymore.

I will also agree with Nancy that attempting to get a refund from USCIS may be futile, because they did give you a decision, and if anything, might delay your case.

This is definitely lawyer territory, and a Boiler said, your lawyer should have explained these things to you in detail.

Best if luck!

Edited February 26, 2012 by jhsm85

[Tanisha_Abt 0]

Than you very much for your input.

I was representing myself in the Immigration Court "per se". My deportation proceedings have been terminated. My case is no longer pending, it's closed.

The Immigration Judge said that he's sending my AOS file (that I gave him in the Court), to the local USCIS for further adjudication. What should have happened next?

I only contacted an attorney a couple months ago. He wrote a brief and sent it to the local USCIS, they have my file. The USCIS supervisor said there might be a possibility that she would personally file a Motion to Reopen from the local USCIS office to Chicago, but they said it's no longer an option, and advised to re-file the AOS and contact the Congressman.

What should be our next steps? Motion to Reopen? Waiting for Congressman's help? The new AOS?

[Boiler 45,813]

Appoint a Lawyer.

[NancyNguyen 1,657]

Yes you need a full-time lawyer to follow up, not just a letter. Sorry it will cost money but there is no choice in this mess. Good luck.

[Tanisha_Abt 0]

Yes, I understand I need a lawyer, I am looking for a good lawyer now. Unfortunately, it's very hard to find a good attorney and we don't want to make another mistake.

Should I do what our USCIS wants us to do, i.e re-file the AOS and pay the fees again?

Or wait for help from the Congressman's office?

[sachinky 465]

I honestly can't see what a Congressman can do in this case. USCIS made it's decision.

Get a lawyer, not just an average one but a great one. And then follow his instructions. This is no longer DIY-able.