Package returned vs. RFE?

[Killer_Clown_2009 0]

Well we can do a poll.

I am betting that a large majority of people believe that an RFE is better than having a package rejected outright.

I don't see how anyone can say a rejected application is "better" or no different than an RFE. That line of thought makes no sense to me at all.

[rebeccajo 14]

Well we can do a poll.

I am betting that a large majority of people believe that an RFE is better than having a package rejected outright.

I don't see how anyone can say a rejected application is "better" or no different than an RFE. That line of thought makes no sense to me at all.

They might feel better.

But the fact is that nothing is happening - so no progress is occuring. That's all I'm saying.

I added it only as an aside that possession of the petition by USCIS/DHS is also no assurance of progress - based upon our experience.

In other words, I'm not lulling myself to sleep at night with a false sense of confidence just because they have our file in their system.

The proof is in the pudding.

[Killer_Clown_2009 0]

Ok, I thought you said there was no difference.

There is a huge difference between having a pending AOS application and being out of status.

I for one keep a copy of my NOA for my AOS application in my car (mainly because i am driving

a MA plated vehicle and have an ON, CAN driver's license) and it actually came in

handy when I was pulled over for speeding a few days before Christmas.

Had I not had a pending application, the state police would have had the right

to detain me and report me to ICE.

Edited January 12, 2007 by jane2005

[rebeccajo 14]

Ok, I thought you said there was no difference.

There is a huge difference between having a pending AOS application and being out of status.

I for one keep a copy of my NOA for my AOS application in my car (mainly because i am driving

a MA plated vehicle and have an ON, CAN driver's license) and it actually came in

handy when I was pulled over for speeding a few days before Christmas.

Had I not had a pending application, the state police would have had the right

to detain me and report me to ICE.

They still can.

[Killer_Clown_2009 0]

They'd have no reason to detain me. I have a pending adjustment application.

[rebeccajo 14]

They'd have no reason to detain me. I have a pending adjustment application.

But you broke a law.

You can be deported.

[Killer_Clown_2009 0]

That's ridiculous. I bet you will be VERY hard pressed to find an incident of anyone being deported for going 10 miles over the speed limit.

I was not even given a ticket!

I am not a deportable immigrant!

You have to be a deportable immigrant for Mass state police to detain you (due to immigration reasons) and contact ICE. Seeing as I had no immigration violation and had valid status, they had NO right anyway to detain me for immigration purposes.

You are being ridiculous!

I'm pretty finished with the topic. I know how nice it felt to have my application accepted and no longer need to worry about being out of status.

If the US authorities want to deport me over a traffic violation - I'll be glad to go!

[rebeccajo 14]

Jane.....*sigh*

Of course you probably won't.

The point I often try to get you to understand is that UNTIL YOU HAVE GREENCARD IN HAND you have no protections in this country. Simply having a pending application doesn't give you the same protections that I and my fellow citizens have.

You get way to bent out of shape over this stuff.

[Killer_Clown_2009 0]

Hmm, I wan't aware that I had no protections in this country until I had a green card.

I guess I am liable to be mugged and/or raped (maybe even by the police) everytime I walk out the door.

You have convinced me - agoraphobia here I come! (I wonder if USCIS will do a home visit for my AOS interview?).

[rebeccajo 14]

Hmm, I wan't aware that I had no protections in this country until I had a green card.

I guess I am liable to be mugged and/or raped (maybe even by the police) everytime I walk out the door.

You have convinced me - agoraphobia here I come! (I wonder if USCIS will do a home visit for my AOS interview?).

What is the matter with you?

ALL I am trying to get you to understand is that a received petition is no guarantee that all will go smoothly!!!

[Killer_Clown_2009 0]

You are telling me that I can be deported for a speeding ticket and that I have no "protections" while in the US. Two things that are blatantly false. Forgive me if somewhere along the line I misunderstood you, it seemed to me quite clear that you said those very things.

[rebeccajo 14]

Jane, forgive me. I'm really not messing with you.

I said you committed a crime and could be deported for that. I guess I needed to be more specific. The point I was trying to make is that committing crimes can get a person deported.

When I say you have no protections, I'm speaking of due process and things like that.

I guess maybe I am trying to make a point and doing a poor job of it.

There have been SOOOOOOOOOOOOOOOOOOO many discussions in various forums about how all will be easy once their SO gets here - that nothing could be worse than the separation - we can get through anything once we are together. I have had people roundly state they are not worried one wit about Adjustment of Status as if it is some piece of cake.

I maintain that there could be nothing worse than having your SO get here and then having them taken away from you because of some clerical glitch and then having DHS using the powers available to them to round up your husband or wife.

The longer paperwork lingers - the more one wonders.

You all are just going to have to forgive me if I sound paranoid. I've been sitting on my husband's AOS for 14 months and it's beginning to become a weight I can hardly bear any longer.

Edited January 12, 2007 by rebeccajo

[Killer_Clown_2009 0]

You are telling me that I can be deported for a speeding ticket and that I have no "protections" while in the US. Two things that are blatantly false. Forgive me if somewhere along the line I misunderstood you. It seemed to me quite clear that you said those very things.

You said that there is "no difference" between a pending AOS application and one rejected by USCIS - when to someone out of status (like the poster of this thread) there is a HUGE difference.

I don't understand why you want to overstate things and make people fearful.

I've sent in my application (as everyone else applying for AOS). If something "bad" happens and it gets denied or I get deported or whatever, I guess I will need to deal with it then. In the meantime, I have done what I can and am gathering all the evidence I can for my AOS interview. That is all I can do. As of now, I have some form of status and am in a fairly safe and secure country.

Maybe there are issues with communiation between our posts. I am not someone who wants to be worried and freaked out when i am doing the right things. It's stressful enough just waiting.

It rubs me the wrong way to see someone trying to stress out others and provoke fear in them needlessly. If the US was such an unfair and horrible country, I am sure that most people would move to where their spouse lives and not bother immigrating here.

Edited January 12, 2007 by jane2005

[rebeccajo 14]

Read up. Our posts overlap.

[Killer_Clown_2009 0]

I don't want to argue over it. I never said nor thought that the AOS process is a cake walk.

I have certain basic rights and I am entitled to due process as outlined in the constitution - citizen or non-citizen.

Edited January 12, 2007 by jane2005