had approved 130 & 212, denied immigrant visa

[mrsserendipity 0]

which was completely untrue, but i assume they just did not read all of my HUGE packet of documents. i was in the US from age 7 to age 20. my family came on a travelers visa (while yugoslavia was falling apart and at war). we had 1 year to file for asylum, we filed the next month (we have proof of this). the USCIS website states that while you have a pending asylum claim, whether original or appeal, you do not accrue unlawful presence. it took a veeeeery long time for them to get to our appeals.

when i was 19, i met my husband. then my family received our asylum appeal was denied by 6th circuit court on september 16, 2004. we left the US and went into canada (legally, through the ambassador bridge, and received canadian papers). on november 8, 2004, after we left and were in canada, our old lawyer said we received final papers.

my husband and i have been together for about 4 years, our 130 and 212 passed with flying colors, then we go to the consulate in montreal, and she denied me because she said i was in the US unlawfully because of section 212 a 9 b 2. our lawyer is putting together my papers for them to review again since they apparently did not look at my dates properly. we all looked at that section, and it does not apply to me.

on the denial letter itself she said stayed over 180 days, section 212 a 9 b 2. but then she gave the dates: last appeal denial september 16, 2004, left october 7, 2004.

how is that over 180 days? i was never there without a valid status, we gave documents stating so. our lawyer says it was just a mistake.

any ideas?

my husband has an interview with our lawyer on monday, and i was wondering if anyone can think of what she might've been thinking happened? she offered form 601, but i was never there illegally, so i cannot fill it out, lol

side note: she was a complete b*tch the entire time we were there, and did not even ask about our relationship at all, and dismissed my 212 approval (but took out original 212 approval letter and would not give it back)

[garyandkris 0]

which was completely untrue, but i assume they just did not read all of my HUGE packet of documents. i was in the US from age 7 to age 20. my family came on a travelers visa (while yugoslavia was falling apart and at war). we had 1 year to file for asylum, we filed the next month (we have proof of this). the USCIS website states that while you have a pending asylum claim, whether original or appeal, you do not accrue unlawful presence. it took a veeeeery long time for them to get to our appeals.

when i was 19, i met my husband. then my family received our asylum appeal was denied by 6th circuit court on september 16, 2004. we left the US and went into canada (legally, through the ambassador bridge, and received canadian papers). on november 8, 2004, after we left and were in canada, our old lawyer said we received final papers.

my husband and i have been together for about 4 years, our 130 and 212 passed with flying colors, then we go to the consulate in montreal, and she denied me because she said i was in the US unlawfully because of section 212 a 9 b 2. our lawyer is putting together my papers for them to review again since they apparently did not look at my dates properly. we all looked at that section, and it does not apply to me.

on the denial letter itself she said stayed over 180 days, section 212 a 9 b 2. but then she gave the dates: last appeal denial september 16, 2004, left october 7, 2004.

how is that over 180 days? i was never there without a valid status, we gave documents stating so. our lawyer says it was just a mistake.

any ideas?

my husband has an interview with our lawyer on monday, and i was wondering if anyone can think of what she might've been thinking happened? she offered form 601, but i was never there illegally, so i cannot fill it out, lol

side note: she was a complete b*tch the entire time we were there, and did not even ask about our relationship at all, and dismissed my 212 approval (but took out original 212 approval letter and would not give it back)

According to the following, you shouldn't accrue any unlawful presence unless you worked without authorization:

(5) Per section 212(a)(9)(iii)(II), the pendency of a bona fide

Request for Asylum prevents your client from accumulating

unlawful presence unless during this period, she was employed

without authorization.

222g Yes, an overstay

219(a)(9) No, bona fide Request for Asylum with no

unauthorized employment during this period

245/248 Ineligible - overstay

(245 - exception for immediate relatives)

245i Not ineligible

245k Ineligible - failure to maintain status for

over 180 days.

274 Authorized alien

Removable No

(5A) Request for Asylum is considered bona fide if it has “any

arguable basis in law or fact”.

(5B) The INS interprets the law to mean that even one day of

unauthorized employment renders the entire period (since

April 1, 1997) that the Request for Asylum was pending

'unlawful presence'.

http://www.shusterman.com/upanswers.html

If you didn't work without authorization, it sounds as if the CO was counting the time during the appeals process against you anyway. That or she misread or misunderstood the dates. I hope that this turns out to be a simple mistake that your lawyer can help you rectify in a timely manner. And I hope they take some sort of disciplinary action against that women if she's found incompetent or negligent.

[new orleans bound 0]

which was completely untrue, but i assume they just did not read all of my HUGE packet of documents. i was in the US from age 7 to age 20. my family came on a travelers visa (while yugoslavia was falling apart and at war). we had 1 year to file for asylum, we filed the next month (we have proof of this). the USCIS website states that while you have a pending asylum claim, whether original or appeal, you do not accrue unlawful presence. it took a veeeeery long time for them to get to our appeals.

when i was 19, i met my husband. then my family received our asylum appeal was denied by 6th circuit court on september 16, 2004. we left the US and went into canada (legally, through the ambassador bridge, and received canadian papers). on november 8, 2004, after we left and were in canada, our old lawyer said we received final papers.

my husband and i have been together for about 4 years, our 130 and 212 passed with flying colors, then we go to the consulate in montreal, and she denied me because she said i was in the US unlawfully because of section 212 a 9 b 2. our lawyer is putting together my papers for them to review again since they apparently did not look at my dates properly. we all looked at that section, and it does not apply to me.

on the denial letter itself she said stayed over 180 days, section 212 a 9 b 2. but then she gave the dates: last appeal denial september 16, 2004, left october 7, 2004.

how is that over 180 days? i was never there without a valid status, we gave documents stating so. our lawyer says it was just a mistake.

any ideas?

my husband has an interview with our lawyer on monday, and i was wondering if anyone can think of what she might've been thinking happened? she offered form 601, but i was never there illegally, so i cannot fill it out, lol

side note: she was a complete b*tch the entire time we were there, and did not even ask about our relationship at all, and dismissed my 212 approval (but took out original 212 approval letter and would not give it back)

I don't mean to high-jack your thread but the lady that you're talking about at the Montreal consulate sounds like the one who did my interview. SHE refused to take my waiver packet. She was very rude to me and my USC husband. She treated us like we were beneath her. She made us so mad because it was like she had her mind made up about our case before we even got into the interview room. Was she a little heavy set and unmarried with brown hair? Again sorry to high-jack your thread. I am sorry for what has happened to you and your case. I do find it difficult talking to any at the Consulate and USCIS because they really don't have a clue. You can argue your point with their information and they still wont listen. It was the same for me with our case-just wouldn't listen even though we had all the documentation there. I wish you all the best.

[mrsserendipity 0]

which was completely untrue, but i assume they just did not read all of my HUGE packet of documents. i was in the US from age 7 to age 20. my family came on a travelers visa (while yugoslavia was falling apart and at war). we had 1 year to file for asylum, we filed the next month (we have proof of this). the USCIS website states that while you have a pending asylum claim, whether original or appeal, you do not accrue unlawful presence. it took a veeeeery long time for them to get to our appeals.

when i was 19, i met my husband. then my family received our asylum appeal was denied by 6th circuit court on september 16, 2004. we left the US and went into canada (legally, through the ambassador bridge, and received canadian papers). on november 8, 2004, after we left and were in canada, our old lawyer said we received final papers.

my husband and i have been together for about 4 years, our 130 and 212 passed with flying colors, then we go to the consulate in montreal, and she denied me because she said i was in the US unlawfully because of section 212 a 9 b 2. our lawyer is putting together my papers for them to review again since they apparently did not look at my dates properly. we all looked at that section, and it does not apply to me.

on the denial letter itself she said stayed over 180 days, section 212 a 9 b 2. but then she gave the dates: last appeal denial september 16, 2004, left october 7, 2004.

how is that over 180 days? i was never there without a valid status, we gave documents stating so. our lawyer says it was just a mistake.

any ideas?

my husband has an interview with our lawyer on monday, and i was wondering if anyone can think of what she might've been thinking happened? she offered form 601, but i was never there illegally, so i cannot fill it out, lol

side note: she was a complete b*tch the entire time we were there, and did not even ask about our relationship at all, and dismissed my 212 approval (but took out original 212 approval letter and would not give it back)

I don't mean to high-jack your thread but the lady that you're talking about at the Montreal consulate sounds like the one who did my interview. SHE refused to take my waiver packet. She was very rude to me and my USC husband. She treated us like we were beneath her. She made us so mad because it was like she had her mind made up about our case before we even got into the interview room. Was she a little heavy set and unmarried with brown hair? Again sorry to high-jack your thread. I am sorry for what has happened to you and your case. I do find it difficult talking to any at the Consulate and USCIS because they really don't have a clue. You can argue your point with their information and they still wont listen. It was the same for me with our case-just wouldn't listen even though we had all the documentation there. I wish you all the best.

i'm so sorry to hear they were rude to you and your husband, too. she seems like the same lady we had. while we were still in montreal, we had our hotel fax our lawyer our denial letter, and he said it must be just a mistake, it doesnt make any sense. he said we can still argue it before resorting to filing the 601, so tomorrow my husband has a meeting with him. when we were denied, besides the 601 waiver, she gave us a paper with how they'll process new documents. if they will finally read all of my papers where it says i was never there illegally/invalidly, it says they review "new" documentation 7-10 days. if they refuse to look at our documents again, both of our parents are getting the media involved. this is just not right. we both wish you luck!

[mrsserendipity 0]

oh yeah, and she also wrote on my original birth certificate in pen. i was born in serbia/former yugoslavia, and it was hell trying to get another birth certificate since i an not serbian and yugo doesnt exist anymore, lol.

like you were saying, she was just rude. she kept saying, after we gave her documents to prove my status, that i was making up my own definitions for words, that she doesnt have time to argue with me. she kept rolling her eyes and telling me i just dont have a clue about how the law works, blah blah blah. many times when i tried sliding the documents under the window thing she would just push it back, saying it doesnt matter. she totally dismissed my 212 (which was approved by a homeland security officer, not just some person we found on the street) stating that it was "just an approval" and so what.

i hope our lawyer can just send my info all over again and go through their 7-10-days-new-documents-review-before-issuing-a-visa thing.

if not, we both decided we're just going to make other plans. we already waited years and years, we cant wait another 1 or so, plus i dont have much time here in canada.

all our eggs are in this one basket. happy easter, eh? hah

we wish you luck, and we both hope maybe others will review your case next time, and not this mean bitter woman

[homesick_american 1]

oh yeah, and she also wrote on my original birth certificate in pen. i was born in serbia/former yugoslavia, and it was hell trying to get another birth certificate since i an not serbian and yugo doesnt exist anymore, lol.

like you were saying, she was just rude. she kept saying, after we gave her documents to prove my status, that i was making up my own definitions for words, that she doesnt have time to argue with me. she kept rolling her eyes and telling me i just dont have a clue about how the law works, blah blah blah. many times when i tried sliding the documents under the window thing she would just push it back, saying it doesnt matter. she totally dismissed my 212 (which was approved by a homeland security officer, not just some person we found on the street) stating that it was "just an approval" and so what.

i hope our lawyer can just send my info all over again and go through their 7-10-days-new-documents-review-before-issuing-a-visa thing.

if not, we both decided we're just going to make other plans. we already waited years and years, we cant wait another 1 or so, plus i dont have much time here in canada.

all our eggs are in this one basket. happy easter, eh? hah

we wish you luck, and we both hope maybe others will review your case next time, and not this mean bitter woman

God, she sounds like a cow. I hope everything works out for you.

[new orleans bound 0]

oh yeah, and she also wrote on my original birth certificate in pen. i was born in serbia/former yugoslavia, and it was hell trying to get another birth certificate since i an not serbian and yugo doesnt exist anymore, lol.

like you were saying, she was just rude. she kept saying, after we gave her documents to prove my status, that i was making up my own definitions for words, that she doesnt have time to argue with me. she kept rolling her eyes and telling me i just dont have a clue about how the law works, blah blah blah. many times when i tried sliding the documents under the window thing she would just push it back, saying it doesnt matter. she totally dismissed my 212 (which was approved by a homeland security officer, not just some person we found on the street) stating that it was "just an approval" and so what.

i hope our lawyer can just send my info all over again and go through their 7-10-days-new-documents-review-before-issuing-a-visa thing.

if not, we both decided we're just going to make other plans. we already waited years and years, we cant wait another 1 or so, plus i dont have much time here in canada.

all our eggs are in this one basket. happy easter, eh? hah

we wish you luck, and we both hope maybe others will review your case next time, and not this mean bitter woman

Yep that sounds like the one we had. I technically shouldn't have had to file a wiaver because I had a valid work visa, however one must get a NEW work visa everytime they switch jobs which I didn't do. I though it was ok to continue working on my valid work visa until it expired. So when I went to the interview I had two packets prepared. One was the packet stating that I broke no laws and under some law I shouldn't be penialized for overstay days. But she wouldn't even listen to that. So when she refused that packet I tried to give her my waiver packet. She refused that. I said to her if my visa is denied than I get to submit this. She got all pissy and said the waiver was not denied nor approved becasue my file was incomplete. She than baggered me for 10 minutes about my old passport- the one with my old work visa's and why didn't I have it. And that it was wrong to lie to an offer of the US government. It was like lady get over- yourself. That passport was destroyed by the Canadian government whe I GOT my new one. She would not believe me about the passport. Than hubby tried to talk to her and that was unsuccessful. She was a royal Bit#h. I hope she's not there if I have to go back. It's going to be really hard to swallow crow and deal with her when all I really want to do is beat the ####### out of her.

I hope you're able to get your documents accepted. This is so stupid. This whole process is stupid. People make mistakes yet they treat us all like criminals. They have no idea that they tear families apart. I really wish you luck. Our lawyer sucks so I know our case is going to take a much longer time to get finished. I have to go over my case myself cause the paralegal makes too many mistakes. I hope to get some resolution soon too. Has your lawyer tried calling Montreal and speaking with some one there? He might have better luck in connecting with the right person.

[mrsserendipity 0]

well, husband just got out from meeting with our lawyer. lawyer said yeah the consulate totally f*cked up and screwed us over for no reason. there is NO reason for us to file a 601, nor could we cause i was there legally like i tried to show her.

but there's nothing we can do now. we should've gotten our visa and been back by now, but she decided to be a ######. our lawyer is filing a complain against the consulate and her specifically, and he suggested we call our senator to see if there was something that can be done or expedited since my time here in canada in running out most likely.

this makes me so mad. i was right. they had people check and double check and triple check and quadruple check... the consulate had no legal reason to deny us. but trying to do any sort of appeal to it would be silly lawyer said since they just back each other up automatically regardless and wouldnt admit they made a mistake.

so because she was a f*ckin b*tch, my entire life is screwed.

!@%#@^%$*&^(%^&$#%

[new orleans bound 0]

well, husband just got out from meeting with our lawyer. lawyer said yeah the consulate totally f*cked up and screwed us over for no reason. there is NO reason for us to file a 601, nor could we cause i was there legally like i tried to show her.

but there's nothing we can do now. we should've gotten our visa and been back by now, but she decided to be a ######. our lawyer is filing a complain against the consulate and her specifically, and he suggested we call our senator to see if there was something that can be done or expedited since my time here in canada in running out most likely.

this makes me so mad. i was right. they had people check and double check and triple check and quadruple check... the consulate had no legal reason to deny us. but trying to do any sort of appeal to it would be silly lawyer said since they just back each other up automatically regardless and wouldnt admit they made a mistake.

so because she was a f*ckin b*tch, my entire life is screwed.

!@%#@^%$*&^(%^&$#%

My gosh. That is terrible. Is there anyway that the case can be re-evaluated by someone else at the consulate? Has your lawyer been able to talk to a supervisor on your behave? Did your lawyer say if there's anything else you could do?

[mrsserendipity 0]

well, husband just got out from meeting with our lawyer. lawyer said yeah the consulate totally f*cked up and screwed us over for no reason. there is NO reason for us to file a 601, nor could we cause i was there legally like i tried to show her.

but there's nothing we can do now. we should've gotten our visa and been back by now, but she decided to be a ######. our lawyer is filing a complain against the consulate and her specifically, and he suggested we call our senator to see if there was something that can be done or expedited since my time here in canada in running out most likely.

this makes me so mad. i was right. they had people check and double check and triple check and quadruple check... the consulate had no legal reason to deny us. but trying to do any sort of appeal to it would be silly lawyer said since they just back each other up automatically regardless and wouldnt admit they made a mistake.

so because she was a f*ckin b*tch, my entire life is screwed.

!@%#@^%$*&^(%^&$#%

My gosh. That is terrible. Is there anyway that the case can be re-evaluated by someone else at the consulate? Has your lawyer been able to talk to a supervisor on your behave? Did your lawyer say if there's anything else you could do?

my husband is sending papers from us and from our lawyer to the senator, who has been very helpful and said they will try to expedite the review process. other than that, our lawyer just filed complaints and i plan on fighting for a stricter enforcement of their treatment policies (have you read them? they made me laugh, lol)

[together2love 0]

Sorry to hear about all your problems with Montreal, hope they get resolved quickly. . . but looks like there is someone else there too who has been causing these problems, see http://www.visajourney.com/forums/index.php?showtopic=63228

[mrsserendipity 0]

Sorry to hear about all your problems with Montreal, hope they get resolved quickly. . . but looks like there is someone else there too who has been causing these problems, see http://www.visajourney.com/forums/index.php?showtopic=63228

that's my husband

[together2love 0]

Oops, well I take that back then. Carry on. . .

[mrsserendipity 0]

Oops, well I take that back then. Carry on. . .

hehe. it was just a horrible experience. in the 4 yrs we've been together, i've never seen him like that. she maganed to piss off even my husband. today is when i would've been going over the border, and it just blows. i had to say no to my job offering and all that other stuff :/

[together2love 0]

Oops, well I take that back then. Carry on. . .

hehe. it was just a horrible experience. in the 4 yrs we've been together, i've never seen him like that. she maganed to piss off even my husband. today is when i would've been going over the border, and it just blows. i had to say no to my job offering and all that other stuff :/

So sorry to hear this. Must be so frustrating.