I-485 denied WRONGFULLY by USCIS. - Administrative Error

[rush76 0]

I received a denial I-485 letter from USCIS today. I had applied under section 13-diplomatic status and it has been going perfectly fine and was on a good path to getting approved. I am originally pakistani and holding a pakistan citizen/national passport. The denial reason I received today from USCIS is that I am being denied because I am a RUSSIAN citizen and national. Now that is not true.

I was born in Russia back in 1976 but Russia does not provide any citizenship to non-russians births. Back then it was USSR in 1976. My parents were pakistani back then posted to Embassy of Pakistan to Russia. Now they are US citizens.

The denial letter say that I need to file motion to appeal if any of the reasons are incorrect. All of their reason is in-correct stating that I am being denied because I am Russian resident/national which I am not. I have all the evidence to proof that I am Pakistani National/Citizen, Married in Pakistan, and worked as Pakistani diplomat in pakistani consulate in NY. Just I was born in USSR in 1976 now Moscow/Russia.

How can I URGENTLY face and be infront of USCIS human to tell them that I am pakistani national not russian and so they can correct this mistake and re-inestate my EAD or issue me Temporary EAD while my Motion to Appeal is in process which will take 6 month to a year for them to correct.

Now this WRONG decision by USCIS has impacted me badly. I am about to lose my job, sell my house, get my kids out of private schools, sell allot of things out of my home since I would have no job to maintain all day to day, week to week or month to month expenses.

Yes I know I have to reply asap with in 30 days (appeal timeframe) and the letter says I need to Appeal if any information is wrong.

My question is there any faster way? can I get info-pass appointment to go meet the USCIS immigration officer in person? so I can give and show them the supporting document so they can correct this issue and provide me temporary EAD so I can continue with my life. other than wait for 6 month or 1 year so they can correct this.

----

What is the fastest way?

1.) Info-Pass? What would I tell them that hey guys your reasoning is wrong? Here is my Pakistani nationality proof?

2.) Local District Congressmen?

3.) Any other expedited way?

4.) Send in Appeal /I-290B bried and all evidence within 30 days from the time denial letter is received.

Any suggestion.

Please I know, I can consult a Lawyer do not solicit any lawyer to me or lawyers please do not solicit to get in touch with a lawyer etc.. I know I can do that. I am here to ask any ground help I can get.

Thank you

and glad we have forums.

[Harpa Timsah 13,258]

I don't think that many, if anyone, will be familiar with the ins and outs of this type of adjustment. But the basic issue is that you need to show them that you are indeed from where you say you are.

Do you have a Pak birth certificate or report of birth abroad? Do you have a Russian birth certificate? When were you issued a Pakistan passport? How long did you live in Russia?

[aussie_jason 195]

If you were born in Russia but are not a citizen then you need proof of that from Russia confirming the absence of Russian citizenship, that is likely why you were denied, if you are refusing to consult an attorney (why a diplomat wouldn't use an attorney for this entire process is beyond me) then I would suggest you obtain such proof from the Russian consulate and arrange an InfoPass.

[Darnell 8,479]

i would suggest a longish conversation with an ISO, a tier 2 Human, at USCIS, today or tomorrow.

[Hypnos 6,578]

If ever there was a case where someone needed a lawyer, this it it.

[rush76 0]

Hi. Thank you for all the support and guidance.

Here is answer to most of your questions.

1.) I was born in 1976 in USSR / Moscow. Now Russia (after 1991).

2.) I have all the pakistani passport since birth.

3.) My parents were posted as diplomat to Pakistan Embassy in Moscow/USSR back then from 1975 to 1980.

4.) When I was born, I was given pakistani passport.

5.) Since I was born in Moscow/USSR in 1976, my birth certificate is from Moscow / USSR Hospital.

The letter states that I shall appeal their decision if I have to using form 1-290b. but the issue is that appeal reply takes 6 months to a year. Till then I would be out of status/losing job etc..

how can I quickly sort this out by meeting INFO-PASS? showing them my passport since birth? etc.

thanks

[Darnell 8,479]

what news with the phone call into USCIS, getting a Tier 2 Human, an ISO ?

[aussie_jason 195]

You need to call and speak to a Tier 2 Human as Darnell advised and I am guessing they are likely to inform you that you need proof that you don't also hold Russian citizenship as providing proof of your Pakistani citizenship doesn't prove that.

[Harpa Timsah 13,258]

I agree you need a lawyer, but I also think that getting an idea of what is needed is a good step.

I agree you need to show them that you do not hold Russian citizenship and cite the relevant laws for them. This is where a lawyer can help you. A simple explanation may suffice but now it is too late to try it.

I would try Tier 2, then infopass, and get a lawyer.

[rush76 0]

Hi Thank you again for all the support and answers.

How do I call the Tier 2 support and talk to a human. Everytime I call it says enter your A # and then all automated.

1888-375-5283 then press 1,then 1, then 1 then 2, then 2 basically telling the system I do not have A# so get me human. Should i then ask them for tier 2 support?

Please suggest how do I get hold of a human or tier 2 or supervisor?

Thanks

[Harpa Timsah 13,258]

Yes, once you talk to someone, ask for Tier 2 support. If you search for ISO Tier 2 and "Darnell" I am sure he has listed the exact buttons to push to get one.

[RhettVoe 282]

Don't expect a prompt reply....your parents' diplomatic status is what may ('may') govern this situation...if they were big shots in the diplomatic corps, then their names would have appeared on something called a 'Blue List' (or its Russian equivalent)....diplomats on this list whose children are born in some other country generally do not take on the citizenship of that country (certainly true in the US)...your parents should try to dig up information about their status, etc.

[Darnell 8,479]

Hi Thank you again for all the support and answers.

How do I call the Tier 2 support and talk to a human. Everytime I call it says enter your A # and then all automated.

1888-375-5283 then press 1,then 1, then 1 then 2, then 2 basically telling the system I do not have A# so get me human. Should i then ask them for tier 2 support?

Please suggest how do I get hold of a human or tier 2 or supervisor?

Thanks

after you call the #,

punch no further digits.

wait 2 to 5 minutes,

a spanish speaker will come on the line.

say 'English PLease' after they stop talking, then

when they stop talking again, ask to be transferred to an ISO.

you can use the advanced search tool here also,

search terms 'ISO English Please',

member name = 'Darnell'

click on 'display as posts'

Edited January 31, 2014 by Darnell