Green card denied lack of evidence

[Datrav 0]

I posted earlier about a request for evidence. My daughter who is a US citizen petioned for me. I asked to provide evidence of relationship with my daughter. She grew up with me until she was 4 and then moved the USA with her mother because she got married. I was reunited with daughter on her 18th birthday. I asked my lawyer what I needed, he said 'just get me what you can.'.

I only had pictures of her with me when she was young and I have pictures of her christening. IShe has my name as I was living with her mother untill she was two. 've been trying to get my court papers from the UK, which states I had visatation and I fought for her to remain in the UK, but I came to a mediated settlement with her mother, which the mother didn't comply, and with me in the UK there wasn't much I could do. She cashed the money I sent, but then she disappeared.

Anyway to cut a long story short. I just got a letter saying my green card application was denied because of lack of evidence. I missed the deadline which I didn't know as 84 days. My lawyer only told me of this 18th of February he recieved he was informed of this on January 4th. I did not recieve a letter. I didn't know I had a deadline, I asked numerous times what I needed and that I was having difficulty getting the court information from the UK. I said 'are old photos,plane tickets enough. He just said get the court papers - it's been a nightmare trying to get this information from the UK archives because it's an old case it's not on their database. I have sent numerous emails and phone calls to the court system to get these documents and I'm still waiting.

Bottom line is I don't know what to do now. I paid the lawyer, I have all the emails that I sent to the courts in the UK. I called him today and say's well I told I needed those documents. I had asked him why has my EAD renewal was not processed yet he said he would look into it. He could have asked for extension or he should have told me to just give me what I had instead I've now missed the deadline. I don't know what to do. I feel he's completely screwed me. Do I file a motion to reopen which $630.00 ? How can I trust him now I've already paid him. Can anyone help.

Sorry I know it's a long post

[Hypnos 6,576]

If you do not respond to an RFE by the allotted time (usually 87 days) then your case is automatically denied.

It sounds as if you entered the US on a B-2 visa or the VWP and then tried to adjust status based on being the parent of a US citizen, is that correct?

There is no point appealing the decision. They asked for information that you did not provide, so their decision to deny you was proper and correct.

At this point you can either: (1) leave the US and forget about it, or (2) re-file, with all of the documents that you failed to submit originally, including what they asked for in the RFE (because if they asked for it once they will probably ask again).

People who file an I-485 which is denied are usually placed in removal proceedings, so you should be quick about this, unless you want to get a knock on the door from ICE to take you into custody.

Since your I-485 was denied then any applications which depend on it, such as AP (I-131) and an EAD (I-765) are automatically invalidated, so you won't be receiving an EAD, and on the off-chance you do it won't actually be valid.

It also sounds like your lawyer sucks, so you should fire him.

Edited May 5, 2013 by Hypnos

[Tosh Love 77]

I posted earlier about a request for evidence. My daughter who is a US citizen petioned for me. I asked to provide evidence of relationship with my daughter. She grew up with me until she was 4 and then moved the USA with her mother because she got married. I was reunited with daughter on her 18th birthday. I asked my lawyer what I needed, he said 'just get me what you can.'.

I only had pictures of her with me when she was young and I have pictures of her christening. IShe has my name as I was living with her mother untill she was two. 've been trying to get my court papers from the UK, which states I had visatation and I fought for her to remain in the UK, but I came to a mediated settlement with her mother, which the mother didn't comply, and with me in the UK there wasn't much I could do. She cashed the money I sent, but then she disappeared.

Anyway to cut a long story short. I just got a letter saying my green card application was denied because of lack of evidence. I missed the deadline which I didn't know as 84 days. My lawyer only told me of this 18th of February he recieved he was informed of this on January 4th. I did not recieve a letter. I didn't know I had a deadline, I asked numerous times what I needed and that I was having difficulty getting the court information from the UK. I said 'are old photos,plane tickets enough. He just said get the court papers - it's been a nightmare trying to get this information from the UK archives because it's an old case it's not on their database. I have sent numerous emails and phone calls to the court system to get these documents and I'm still waiting.

Bottom line is I don't know what to do now. I paid the lawyer, I have all the emails that I sent to the courts in the UK. I called him today and say's well I told I needed those documents. I had asked him why has my EAD renewal was not processed yet he said he would look into it. He could have asked for extension or he should have told me to just give me what I had instead I've now missed the deadline. I don't know what to do. I feel he's completely screwed me. Do I file a motion to reopen which $630.00 ? How can I trust him now I've already paid him. Can anyone help.

Sorry I know it's a long post

Maybe I missed it in your narrative but the most convincing evidence of your relationship with her would be a birth certificate naming you as her father, a DNA test proving you are her father or in absence of these, a notarized statement from her naming you as her legal/birth father. Good Luck with everything!

[NigeriaorBust 4,087]

Part of the requirement to petitioned by your USC child is that you have a relationship with your child. This requires that you be able to prove that you have a parent child relationship in more ways that having common DNA. Even if you have a birth certificate you need to show that you have been the father ( in the childs life ) between birth and now. If you can't your chaces of a visa are near 0

[Datrav 0]

I did produce both birth certificates and she has my name and I am named as her father. I was with daughter untill she was 4 and her mother moved to the US and then took off - no trace of her. I had mediated court order with daughter but her mother did not comply to it. Then I was contacted by my daughter when she was 18 and I've had a relationship with her since then. I understand about the time laspe, but I didn't know I asked my lawyer on numerous occasions what do I need and when do we have to send something. He could have sent something anyhting. I asked him that was proving difficult to obatain the court documents in time. He was aware of the deadline.and did nothing I could have sent some photos, plane tickets - anything - it would have been better than nothing at all. I tried to find out as much as I could on what evidence they actually wanted it seemed very vague. The lawyer didn't even tell me until 4 weeks after he got the RFE. I kept asking about when we needed to present the documents. I could have sent photos, a covering letter and whatever else I had into the INS myself, or least he should have warned me to get anything I had into him because the deadline was aproaching.

[Tosh Love 77]

Part of the requirement to petitioned by your USC child is that you have a relationship with your child. This requires that you be able to prove that you have a parent child relationship in more ways that having common DNA. Even if you have a birth certificate you need to show that you have been the father ( in the childs life ) between birth and now. If you can't your chaces of a visa are near 0

Maybe things have changed now but I petitioned for my mother even though I did not grow up with her and she did not raise me and she was granted her greencard as soon as she arrived. I was 22 by then. I had no pictures of her and I after the age of 3 but I did not send any. Just saying...

[NigeriaorBust 4,087]

I did produce both birth certificates and she has my name and I am named as her father. I was with daughter untill she was 4 and her mother moved to the US and then took off - no trace of her. I had mediated court order with daughter but her mother did not comply to it. Then I was contacted by my daughter when she was 18 and I've had a relationship with her since then. I understand about the time laspe, but I didn't know I asked my lawyer on numerous occasions what do I need and when do we have to send something. He could have sent something anyhting. I asked him that was proving difficult to obatain the court documents in time. He was aware of the deadline.and did nothing I could have sent some photos, plane tickets - anything - it would have been better than nothing at all. I tried to find out as much as I could on what evidence they actually wanted it seemed very vague. The lawyer didn't even tell me until 4 weeks after he got the RFE. I kept asking about when we needed to present the documents. I could have sent photos, a covering letter and whatever else I had into the INS myself, or least he should have warned me to get anything I had into him because the deadline was aproaching.

Showing that you tried to keep a father / child relationship is a positive thing. So you should show your marrriage to the mother, birth certificate, mothers immigration with child and your court orders for visits and then contact when she became old enough to decide for herself. Include pictures where you have them. Use the mothers denial of visitation to explain the missing childhood picture.

Maybe things have changed now but I petitioned for my mother even though I did not grow up with her and she did not raise me and she was granted her greencard as soon as she arrived. I was 22 by then. I had no pictures of her and I after the age of 3 but I did not send any. Just saying...

Like any other thing. Until they specifically ask for something you may not have to provide it even if it is implied you should but once asked for you need to show it.

[Datrav 0]

I do know that part of the petition is to prove that you had a relationship or that you have been a father (in the childs lfe) from bith to age 21. I did have a relationship with my daughter until the age of 4 and then again at 18 to the present time. Basicallly, my lawyer did not respond to the request for evidence. He didn't even notify me until 6 weeks after he recieved the RFE. My predicament is now they have denied my green card for abandonment because the time elapsed. I asked him continually what I needed to provide and I thought the court documents would show that. I could have given INS everything I had. Now I don't know if I should try to get the case reopened becasue of my lawyer's unprofessionlism or should I refile? I already paid my lawyer.

[Boiler 45,693]

You are trying to adjust in country?

How did you enter?

[Datrav 0]

Yes, I'm trying to adjust here. I came on a visa but that's expired and I'm out of status. I'm not trying to hide anything, I do have evidence I'm just so annoyed that my lawyer has allowed this situation to happen.

[Boiler 45,693]

Visa is good, at least you did not waive your rights. Assume not a C/D.

Sounds like you do not have confidence in your Lawyer, time to fire him and find a new one.

Suggests sooner rather than later.

Edited May 5, 2013 by Boiler

[Datrav 0]

I think your right. I just can't believe this has happened, now I suspect he didn't even file for my EAD renewal because I did not get a reciept. I guess my only option now is to refile with another lawyer and pay the money.

[Darnell 8,478]

1. submit invoice for 5 times the amount of fees you paid to the lawyer, back to the lawyer. Wait 30 days. When he doesn't pay it, take him to small claims court.

2. file a new set of I-130 +I-485 all on your own (assuming you are in the USA) . Practice filling out the forms and preparing the letters of attestation and evidence proof yersel. This is a DIY portal, lawyers are shunned here.

That's it, really.

[Datrav 0]

I think will just file another 1-130 and 1-485, and start the process over. I don't think trying to reopen the case is going to be successful because the INS is not at fault and will take at least 90 days, maybe more, to get a decision and even then they can deny it. What are letters of attestation?

Also, the responses here have been very good and very helpful I don't feel as bad today even though it's going to hurt my pocket.

Another question what haens when you refile your forms - does your revious filing effect the new case?

[Hypnos 6,576]

Yes, they will review all previous applications you have filed.