I-290B for I-485

[Tory25 1]

Hey everyone,

 

Long story short when my kid turned 21, we (me and my husband) applied for AOS.Mentioned that both of us arrived on J1 with 2yrs condition and overstayed, but before visa expired we each applied (and received) waivers from our home country Embassy in Washington DC and DOS in Washington DC.We didn't left the States since then, have no criminal records, pay taxes

We decided to hire a lawyer (just bc in our mind such an important matter should me handled carefully) we set up a meeting, he heard us and the case it was very simple, most likely a technicality.After going over the details, we paid in full upfront followed by us to send him copy of all the documents.

We did taxes, medical,copies of everything and on March 15th, 2024 the lawyer filed all of them at the same time and everything moved relatively fast.

We did bio metrics in April, followed by I765 received in May 2024, I485 Declined in August 2024 , I 130 Approved in August 2024 and I131 denied in November 2024.

The shock was I485 denied letter that was asking us to return back home bc of the 2 yrs condition on the visa for each of us.We discussed with the lawyer that kept mentioning that "things happen and probably they didn't see the waivers bc people nowadays work from home!" We discussed the next step either 290B or refile 485.

 

We decided on 290B since he was telling us he did his job, all the paper were filed and the application was received in Sept 2024.

Now we are looking back and analyze everything as to how we got a denial since we applied for waivers so many years ago and they were not received/send. Applied for FOIA and discovered the lawyer didn't answer correct to all the questions.They marked "yes" to J1 visa BUT they marked "no" the the 2yrs condition and again"no" to the waiver, like we never filed or have approved waiver.

When we decided on 290B to be filed we didn't know all of the above, we only find out from FOIA after the facts. Also we never received a copy of 290B to see exactly the lawyer explanations.

BUT on Dec 9th 2024, our home country was completely removed from the Skill list, so the waivers are not needed anymore.

Now we have more than 4mo waiting on 290B decision and Emma is telling us is taking 6 mo and if we don't receive an answer we should file a service request.

This waiting is killing us and with the new administration in town we don't want to get in trouble.

I understand that we cannot work and we don't have a legal status but we have form 797c, notice of action (from filing 290B) that is giving us some protection, although not sure if that is completely accurate.

I feel like something that was so straight forward all the sudden turned into a "salad" all bc of the lawyer.Do we have any change with 290B or is just a waist of time?

I'm also concerned that I see people getting a decision quite fast  on 290B and in our case is taking so long!

Please advise!

 

 

 

 

 

 

 

 

[Boiler 46,016]

On what basis are you seeking to adjust?

 

The 21 year old went home?

 

On what basis was the 290b filed

[Family 4,178]

2 hours ago, Tory25 said:

Hey everyone,

 

Long story short when my kid turned 21, we (me and my husband) applied for AOS.Mentioned that both of us arrived on J1 with 2yrs condition and overstayed, but before visa expired we each applied (and received) waivers from our home country Embassy in Washington DC and DOS in Washington DC.We didn't left the States since then, have no criminal records, pay taxes

We decided to hire a lawyer (just bc in our mind such an important matter should me handled carefully) we set up a meeting, he heard us and the case it was very simple, most likely a technicality.After going over the details, we paid in full upfront followed by us to send him copy of all the documents.

We did taxes, medical,copies of everything and on March 15th, 2024 the lawyer filed all of them at the same time and everything moved relatively fast.

We did bio metrics in April, followed by I765 received in May 2024, I485 Declined in August 2024 , I 130 Approved in August 2024 and I131 denied in November 2024.

The shock was I485 denied letter that was asking us to return back home bc of the 2 yrs condition on the visa for each of us.We discussed with the lawyer that kept mentioning that "things happen and probably they didn't see the waivers bc people nowadays work from home!" We discussed the next step either 290B or refile 485.

 

We decided on 290B since he was telling us he did his job, all the paper were filed and the application was received in Sept 2024.

Now we are looking back and analyze everything as to how we got a denial since we applied for waivers so many years ago and they were not received/send. Applied for FOIA and discovered the lawyer didn't answer correct to all the questions.They marked "yes" to J1 visa BUT they marked "no" the the 2yrs condition and again"no" to the waiver, like we never filed or have approved waiver.

When we decided on 290B to be filed we didn't know all of the above, we only find out from FOIA after the facts. Also we never received a copy of 290B to see exactly the lawyer explanations.

BUT on Dec 9th 2024, our home country was completely removed from the Skill list, so the waivers are not needed anymore.

Now we have more than 4mo waiting on 290B decision and Emma is telling us is taking 6 mo and if we don't receive an answer we should file a service request.

This waiting is killing us and with the new administration in town we don't want to get in trouble.

I understand that we cannot work and we don't have a legal status but we have form 797c, notice of action (from filing 290B) that is giving us some protection, although not sure if that is completely accurate.

I feel like something that was so straight forward all the sudden turned into a "salad" all bc of the lawyer.Do we have any change with 290B or is just a waist of time?

I'm also concerned that I see people getting a decision quite fast  on 290B and in our case is taking so long!

Please advise!

 

 

 

 

 

 

 

 

You are ok as long as I-290 is pending , so relax . Yours is taking longer because the Field Office did not reverse itself and sent it to the AAO. 
 

Good call on doing the FOIA. 
 

Best course of action is for you and spouse to immediately DIY an I-485 .
if possible do I-765 and I-131..since you  ( and everyone else) will face delays . 
 

NO need to file I-130s again. Send copies of approvals

 

Pay attention to fees, form revision dates and get it filed ASAP…before more changes
 

I am sure both of you have 40 credits with Social Security   so do I-864 W exemption and you come in fully vested. Either download SS earnings record /PEBES report or go in person and get one.
 

 

Edited 6 hours ago by Family

[Family 4,178]

After you file your new adjustments and have receipts in hand….get your money back from the attorney. Or negotiate for enough to cover new filings .

 

First write him a letter. Basic, simple facts ask for $$ and advise him you will file complaint with the State Bar and follow thorough with lawsuit. 
If he responds and pays, good . If he doesn’t, file complaint and DIY in small claims . It’s worth your effort ….and will be great evidence to substantiate the crappy 1st filing and correct record at your interview.

[Family 4,178]

39 minutes ago, Boiler said:

On what basis are you seeking to adjust?

 

The 21 year old went home?

 

On what basis was the 290b filed

IR parent of USC

 

What ?

 

I-290 B based on waiver of 2 year granted

[Family 4,178]

2 hours ago, Tory25 said:

BUT on Dec 9th 2024, our home country was completely removed from the Skill list, so the waivers are not needed anymore.

Not relevant to you , since you already have waiver…BUT for clarity anyone who was previously subject to the 2 year, remains subject even if  subsequent changes on the list remove 2 yr req.

[Family 4,178]

2 hours ago, Tory25 said:

Now we have more than 4mo waiting on 290B decision and Emma is telling us is taking 6 mo and if we don't receive an answer we should file a service request.

This waiting is killing us and with the new administration in town we don't want to get in trouble.

I understand that we cannot work and we don't have a legal status but we have form 797c, notice of action (from filing 290B) that is giving us some protection, although not sure if that is completely accurate

I am not confident of this I-290 B as I doubt he checked off both motion to reopen and Motion to reconsider option …or  if he addressed errors at initial filing . He could have easily admitted an unintentional “data entry error “ for the incorrect answers and offered proof of waivers . 
 

All that plus, the fact that new directives are to  Delay Deny Deny .. I would not waste any time waiting or invest into appealing a potential I-290 B denial . 
 

For now , consider the delay a positive as it gives you time to file new adjustments. 
 

You CAN legally work while I-290 B is pending, and have full protection, have no fear

[Tory25 1]

3 hours ago, Boiler said:

On what basis are you seeking to adjust?

 

The 21 year old went home?

 

On what basis was the 290b filed

The 21 years old is USC and living at home with us.Actually, now in college.The 290B was files since he didn't include the waivers or USCIS didn't see them.

Not sure how he filed exactly but I have an appt on Monday and intent to get copies of that. The office is also not responding to phone calls or emails so I barely manage to get this appt.Will see on the 27th.

[Tory25 1]

3 hours ago, Family said:

You are ok as long as I-290 is pending , so relax . Yours is taking longer because the Field Office did not reverse itself and sent it to the AAO. 
 

Good call on doing the FOIA. 
 

Best course of action is for you and spouse to immediately DIY an I-485 .
if possible do I-765 and I-131..since you  ( and everyone else) will face delays . 
 

NO need to file I-130s again. Send copies of approvals

 

Pay attention to fees, form revision dates and get it filed ASAP…before more changes
 

I am sure both of you have 40 credits with Social Security   so do I-864 W exemption and you come in fully vested. Either download SS earnings record /PEBES report or go in person and get one.
 

 

Can I apply again while 290B is still in process? Or should I cancel the 290B when I refile all the forms again?!

I don't think we did the I-864 W exemption for before.What is this for exactly?

My kid was asked to file his taxes when he apply for AOS.

I'm still confused if we are allowed to work or not as long as 290B is waiting for an answer.In 485 denial letter we were informed that from that point on it is illegal to work and we should return home as we will be illegal.

[Tory25 1]

3 hours ago, Family said:

I am not confident of this I-290 B as I doubt he checked off both motion to reopen and Motion to reconsider option …or  if he addressed errors at initial filing . He could have easily admitted an unintentional “data entry error “ for the incorrect answers and offered proof of waivers . 
 

All that plus, the fact that new directives are to  Delay Deny Deny .. I would not waste any time waiting or invest into appealing a potential I-290 B denial . 
 

For now , consider the delay a positive as it gives you time to file new adjustments. 
 

You CAN legally work while I-290 B is pending, and have full protection, have no fear

It will help is we write to the Congressman trying to get them to look at our 290B?

I don't know exactly what he wrote in the 290B application as an explanation but I will know on Monday when I will go to get copies.

Interesting that FOIA did not include copy of the 290B although all of the form were already filed by then with USCIS.

[Tory25 1]

3 hours ago, Family said:

Not relevant to you , since you already have waiver…BUT for clarity anyone who was previously subject to the 2 year, remains subject even if  subsequent changes on the list remove 2 yr req.

Understand.I was thinking this will probably help with 290B as an argument to get it approved.

 

[Tory25 1]

3 hours ago, Family said:

After you file your new adjustments and have receipts in hand….get your money back from the attorney. Or negotiate for enough to cover new filings .

 

First write him a letter. Basic, simple facts ask for $$ and advise him you will file complaint with the State Bar and follow thorough with lawsuit. 
If he responds and pays, good . If he doesn’t, file complaint and DIY in small claims . It’s worth your effort ….and will be great evidence to substantiate the crappy 1st filing and correct record at your interview.

I assume we can only ask partial reimbursement of the fees that we paid him to file for us.

We got the I 130 approved and he didn't charged us to file the 290B but we have all the $ wasted to refile without to mention the time and stress