Denied AOS

[powerpuff 6,697]

Just now, mhai2022 said:

The lawyer already deducted it on the credit card

I hope it works out for you, please keep us posted 

[ana ny mo 14]

12 minutes ago, powerpuff said:

I hope it works out for you, please keep us posted 

I am happy to do. thank you powerpuff.

[ana ny mo 14]

13 minutes ago, arken said:

 

 

Even if a sympathetic immigration judge rules in your favor eventually, why do you wanna waste more than 2K with the risk and wait time of 6 months or more (could be even much longer for court availability) when you can easily get the GC by filing a new i485 withiut a lawyer for $1K. 
 

Spend more than 2K for motion to reopen with a lawyer: Likely denied, some chances of approval

 

Spend 1K on i485- Will be approved

 

I am not sure why is there a dilemma?

 

 

I  am rushing to get my paper coz the ssn can't issue me a number while my paper is still on process. I got denied in SSN because my paper is still in process and maybe they will give the ssn together with the gc or working permit. The VA hospital is asking for it for the medical purposes because I am pregnant now and I only have state ID in my hand and I only use the medical insurance of my husband Which is the VA. my husband cant add me with his VA due to lack of social security. We tried to call ssn office for how many times but it seems to response until now. We even asked the senate and help us but unfortunately we recieved an unfavorable or denial decision from the USCIS.

[arken 4,197]

 

 

You are assuming it will get approved in a very short time. It could well go over 6 months or a year.

Did you not file for EAD last time with AP? Usually EAD gets issued earlier that i485 decision and you can use EAD for SSN if you go this approach.

 

It's up to you but just don't take a lawyer's word for granted. They are not responsible if your motion gets denied.

Edited July 14, 2022 by arken

[ana ny mo 14]

21 minutes ago, arken said:

 

 

You are assuming it will get approved in a very short time. It could well go over 6 months or a year.

Did you not file for EAD last time with AP? Usually EAD gets issued earlier that i485 decision and you can use EAD for SSN if you go this approach.

 

It's up to you but just don't take a lawyer's word for granted. They are not responsible if your motion gets denied.

I applied SSN after I get married. I also applied AOS together with EAD

[Family 3,988]

1 hour ago, arken said:

Even if a sympathetic immigration judge rules in your favor eventually, why do you wanna waste more than 2K with the risk and wait time of 6 months or more (could be even much longer for court availability) when you can easily get the GC by filing a new i485 withiut a lawyer for $1K. 

Just to add ,  the I-290 first goes back to Director of Office that denied I-485 , assuming Service Center NBC here , the Director either changes his / her decision or certifies / stands by denial and sends  it to AAO ( Administrative Appeals Office  ) , so no immigration judge involved in the process….and I see no sympathy ( discretion) plays in this  He Said / She Said Story .. 

 

[Family 3,988]

1 hour ago, mhai2022 said:

VA hospital is asking for it for the medical purposes because I am pregnant now and I only have state ID in my hand and I only use the medical insurance of my husband Which is the VA. my husband cant add me with his VA due to lack of social security. We tried to call ssn office for how many times but it seems to response until now. We even asked the senate and help us but unfortunately

Sending out an SOS here to any VA or Healthcare experts in navigating medical health coverage battles! 
@Crazy Cat may know of threads or forums. 

[ana ny mo 14]

1 minute ago, Family said:

Sending out an SOS here to any VA or Healthcare experts in navigating medical health coverage battles! 
@Crazy Cat may know of threads or forums. 

thank you Family! Appreciated!

[ana ny mo 14]

1 hour ago, arken said:

 

 

You are assuming it will get approved in a very short time. It could well go over 6 months or a year.

Did you not file for EAD last time with AP? Usually EAD gets issued earlier that i485 decision and you can use EAD for SSN if you go this approach.

 

It's up to you but just don't take a lawyer's word for granted. They are not responsible if your motion gets denied.

 

32 minutes ago, Family said:

Just to add ,  the I-290 first goes back to Director of Office that denied I-485 , assuming Service Center NBC here , the Director either changes his / her decision or certifies / stands by denial and sends  it to AAO ( Administrative Appeals Office  ) , so no immigration judge involved in the process….and I see no sympathy ( discretion) plays in this  He Said / She Said Story .. 

 

We really don't try to waste money here. We also have tight budget especially my husband is the one who is paying in all our expenses and can't help him because I don't have papers and we only renting places and I am pregnant too.. The work of my husband is not a high rate paying jobs . We are just having a hope here maybe someone can help us in this situation and We decided to use immigration law because we don't wanna take risk to file I-290B by our own.. And we even talk to a lawyer to use credit for the partial payment for him and I am glad that he consider it. We have suffering from silent battles and people make mistake and this is the 1 st time that I made mistake. I did my own K1 visa without any help of agency and lawyer and without any idea about anything I only read and asked people. Please be kind with your answer! If you will help someone please don't mock at them.  You know , your single encouraging comment is a big help,appreciated and  it makes us think more clearly and positive in our situation. You can change the day of someone for being kind with your words.

Edited July 14, 2022 by mhai2022

[Family 3,988]

8 minutes ago, mhai2022 said:

mistake and this is the 1 st time that I made mistake. I did my own K1 visa without any help

I empathize with your situation, and point out you are now making your 2nd mistake. 
The “sympathy/ discretion “ I referred to you not getting from USCIS refers to legal jargon they use. 
 

I am not a lawyer of any kind , and this story is NOT immigration related: but yesterday I was quoted $3,500 after a consult w one advertises he is a specialist in a particular field and he said “ No problem, I can do this because xyz and I can file w court “ 

I said “ But the city /state authorities just told me  by phone,”  No u cannot yet “”

Attorney said “ They’re wrong “ 

I looked up ordinance and wouldn’t you know there it is in black and white..was passed on 5/23 and is effective 7/1. 
Paying him and filing would have cost me not only his fee but left me vulnerable to over $10 k for violating…

I did send him link and a follow up question, he went off the airwaves. 
 

 

[beloved_dingo 1,976]

@mhai2022 I just want to make sure you understand one thing...if the Motion to Reopen/Reconsider is denied (which is likely in your case) you will have to re-file for AOS. You have mentioned money several times now, and I am just not sure I am following how paying $675 + lawyer fee (how much was the "partial payment"?), waiting for months on end, potentially only to receive a denial, where you will have to refile AOS again and pay $1000+ to do so, is actually going to save money. That also means you will be waiting an even longer time for AOS approval if the Motion is denied. If your lawyer charges you more than like $300 total, it will not be financially worth it to file a motion rather than refile.

 

I agree with @Family that I would want to see what is in my USCIS file (through filing an FOIA request) before jumping into a I-290B, but there is no guarantee that you would get the information before the deadline to file the motion. 

 

Regarding your SSN issues, you will not be able to get an SSN until you get your EAD, which will also be further delayed if the motion is denied. However, I believe you should be able to get added to your husband's health insurance. Many people around here have had the issue of being told "we can't add spouse without ssn" but it's not actually true. Your husband needs to escalate the matter to a manager/supervisor with the VA and keep pushing to get you added until it is taken care of.

 

 

 

[dominodancing 3]

On 7/14/2022 at 12:57 AM, mhai2022 said:

what if I use immigration lawyer for it?

Sorry that you have this experience. Don't get lawyer, don't file motions etc. Once adjudication is done thats it. Case by case basis as USCIS says, in your case denial is after RFE and is final, i had similar situation but things were out of my control, IRS 9 months delay. This situations like you have or i have, bring USCIS hundreds millions of dollars extra, pure business nothing else. USCIS brutal organization that has no mercy and you can not complain to nobody, they decide your fate themselves by rules they create themselves. Unfortunately once denied, you need refile same application again and you will have different case number.