Urgent: Need Advice

[Snclos8990 0]

Hello, all. I'm writing here to hopefully find some suggestions, advice, even reassurance from people who have struggled the same way my spouse and I have. My husband and I are both 22 years old, together for years, during which time he discovered he was born outside of the country, and would not be able to attain a legal driver's license - much less citizenship. (He was brought to the U.S. as a baby at 1 year and was never told he was undocumented.) We have spent over a year and thousands of dollars in fees and applications. Our second application for i-485 was hopeful. Even our lawyer felt there was little to worry about. We filed in January and were told to wait up to 90 days for a response. About 3 months later, about a week from today, we received a call from the USCIS officer we had met at our initial interview, who asked us to acquire a document for the case. We told her we would have it either the following day, or the next, to which she agreed and told us where to leave said document. We did all she told us to, and the document was dropped off at the window she specified on March 28th. Yesterday we got a letter in the mail stating a decision had been made, and my husband was denied on March 29th due to failure to present required evidence.

1) Is it common to receive a phone call directly from a USCIS officer instead of a formal letter requesting information that has not been requested before?

2) Is it common to be given exactly TWO days to acquire this information? Without notice of a deadline?

3) We were given a receipt from USCIS that they received the document for the officer on 3/28, why were we denied the following day for information we gave them?

We are both exhausted, broken down and hopeless. We don't know where to go from here. We cannot afford another application fee and lawyer fee to start this process over a third time. We feel this was very cruel and unfair, but most of all, it seems highly suspicious.

Also -- a lot of the information on the front page was incorrect: the spelling of my spouse's name, our address, and the letter is even dated 2012.

Any help would be appreciated. We are both very young and scared, we just want to live in peace.

Thank you, everyone!

[VanessaTony 3,567]

Are you both foreigners? Or are you a USC?

[Snclos8990 0]

Are you both foreigners? Or are you a USC?

Thank you so much for responding. I am a USC.

[VanessaTony 3,567]

1) Is it common to receive a phone call directly from a USCIS officer instead of a formal letter requesting information that has not been requested before?

2) Is it common to be given exactly TWO days to acquire this information? Without notice of a deadline?

3) We were given a receipt from USCIS that they received the document for the officer on 3/28, why were we denied the following day for information we gave them?

1. It's not common, but it's happened before

2. Sometimes. Rarely. Usually it's an official RFE document giving you 86 days

3. The information could have been insufficient.

Personally, I would make an INFOPASS appointment to speak with an officer. It appears an error may have been made.

Out of interest, why was the first application denied? And what documents were requested the second time that you provided on 3/28?

Would you mind posting the letter you received (minus personal information) so we can see it?

[Snclos8990 0]

1. It's not common, but it's happened before

2. Sometimes. Rarely. Usually it's an official RFE document giving you 86 days

3. The information could have been insufficient.

Personally, I would make an INFOPASS appointment to speak with an officer. It appears an error may have been made.

Out of interest, why was the first application denied? And what documents were requested the second time that you provided on 3/28?

Would you mind posting the letter you received (minus personal information) so we can see it?

I'm not currently home so I can't at the moment, but will when I get the chance.

We originally got denied for "failure to present evidence" for an arrest that took place out of state 7 years ago, when he was 15 y/o that has since been sealed. Now with a state ID he was able to travel to California for this certificate of disposition and all was well. The officer called us to tell us everything looked great, she just needed one last thing. This is for a second arrest that took place here, that had been pending to be closed and sealed. The case was pending while we sent in the petition. The very same day we got the call we got the certificate of disposition saying the case had been sealed, and it was received by USCIS on the 28th. The day before the denial was mailed.

We have also checked the status online, and it says it is in "initial review." could this denial have been a mistake?

We are afraid to make an INFOPASS appointment because it would be with an immigration officer and we may be punished for some other kind of "missing information" on that meeting later on.

[VanessaTony 3,567]

I'm not currently home so I can't at the moment, but will when I get the chance.

We originally got denied for "failure to present evidence" for an arrest that took place out of state 7 years ago, when he was 15 y/o that has since been sealed. Now with a state ID he was able to travel to California for this certificate of disposition and all was well. The officer called us to tell us everything looked great, she just needed one last thing. This is for a second arrest that took place here, that had been pending to be closed and sealed. The case was pending while we sent in the petition. The very same day we got the call we got the certificate of disposition saying the case had been sealed, and it was received by USCIS on the 28th. The day before the denial was mailed.

We have also checked the status online, and it says it is in "initial review." could this denial have been a mistake?

We are afraid to make an INFOPASS appointment because it would be with an immigration officer and we may be punished for some other kind of "missing information" on that meeting later on.

It could have been, it has happened before.

The INFOPASS is you asking information. It's an appointment that YOU schedule. You cannot be penalised for it. I would personally make one to clear this up ASAP. I would also take the letter you received (after scanning it and keeping a copy safely at home).

[NickD 203]

Read that President Obama is trying to get congress to pass a law to legalize husbands like yours, came here as a baby, not of their own free wheel and lived most of their lives here. But one of the requirements is to be criminal free. Not sure of the severity of your husbands arrest. Just trying to shed a ray of hope if all else fails.

We had three occasions of problems with the USCIS, last one was accusing my stepdaughter of assault and battery charges, with the dates provided when she was 17 months and 39 months old. On each occasion, I contacted my senator's office. You have two senators in your state, find the one that list an immigration service and present your case directly to his immigration staff. This gets results, in particular if you have a good case and the ability to explain it well without getting emotional. I did get my stepdaughter's permission to act in her behalf.

It is easier to defend another person than to defend yourself. Unbelieveable to my own kids, I was a teenager once, and cognizant of that stupid peer pressure, just hope your husband didn't get involved with anything serious. Was there any talk of deportation at this stage?

But try your senator's office, that was the good advice my attorney, one of the best in the USA gave to me. It works, these USCIS characters don't mess with a senator. But they sure love to mess with us.

[Kathryn41 3,205]

Topic has been moved from US Citizenship discussion to AOS from Work, Student & Tourist Visa. It is not the exactly correct forum as the OP is trying to adjust from an undocumented status but USCIS seems to be considering providing a green card so this is AOS from 'Other', and thus the best fit - for now - for this thread. (The OP's husband may have arrived as a visitor when 1 year old so would have an expired status).

Edited April 4, 2013 by Kathryn41