Need help!!

[rebeccajo 14]

I agree with you RJ. The OP's lawyer should be able to get access to necessary information relating to her case. If somehow he's not able to do that then i dont think he's doing his job properly.

The OP has stated their lawyer is female; I don't understand why everyone continues to refer to a female as "he".

The OP has stated that their lawyer has contacted USCIS and is having USCIS resend the denial notice. So again, I don't see why everyone wants to diss their lawyer. The lawyer is indeed making the effort to find out what's going on with their case.

Because lawyers who officially represent the 'customer' by registering as their representative at uscis.gov have access to departments at that agency that the customer does not.

And because this lawyer still seems clueless to what's really going on with the case.

That's why.

I'm a HUGE advocate on this site for use of an attorney. But because I've read the horror stories here, and because I work in the profession, I'm also a huge advocate of finding competent counsel first. My radar is telling me this lawyer doesn't pass muster.

So you are saying Lawyers have access to information that individuals cannot access? What specifically is this information?

I hate to use this guys website for reference, but we all know he's credible:

http://members.aol.com/MDUdall/fiancee.htm

The whole page is valuable, but scroll down to the second 'alarm clock' icon and read where Udall states he can ring up the service centers.

[mabdelbaqi 0]

Hello again everyone, I have more good news on my side...hurray. We received another email this afternoon from ISCIS and this one states

Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

Current Status: We mailed you a notice requesting additional evidence.

On August 27, 2007, we mailed a notice requesting additional evidence and/or information in this case. Please follow the instructions on the notice to submit the evidence and/or information requested. This case will be held in suspense until we either receive the evidence or the opportunity to submit it expires. Once you submit the information and/or evidence requested, you will be notified by mail when a decision is made, or if the office needs something further from you. If you move while this case is pending, call customer service.

Wow could it be that we have been "touched" twice in one day! Its about time. So now we wait to see what other evidence they need. I was hoping the next response from them would have been a interview but we will take what we can get at this point. My husband is so excited to see that they reopened the case. At this point if they asked us to jump through hoops that were on fire my husband would be game! lool.

Could this other RFE be a interview or would it say on the email update that it was a interview?

I'll keep everyone posted when we find out more.

Take care.

[rebeccajo 14]

No it'll be an RFE.

[SirLancelot 1]

I agree with you RJ. The OP's lawyer should be able to get access to necessary information relating to her case. If somehow he's not able to do that then i dont think he's doing his job properly.

The OP has stated their lawyer is female; I don't understand why everyone continues to refer to a female as "he".

The OP has stated that their lawyer has contacted USCIS and is having USCIS resend the denial notice. So again, I don't see why everyone wants to diss their lawyer. The lawyer is indeed making the effort to find out what's going on with their case.

Because lawyers who officially represent the 'customer' by registering as their representative at uscis.gov have access to departments at that agency that the customer does not.

And because this lawyer still seems clueless to what's really going on with the case.

That's why.

I'm a HUGE advocate on this site for use of an attorney. But because I've read the horror stories here, and because I work in the profession, I'm also a huge advocate of finding competent counsel first. My radar is telling me this lawyer doesn't pass muster.

rebeccajo, it may be a coincidence that USCIS started moving again for the OP's husband while a lawyer got involved, but I personally don't believe that for a second. It seems pretty obvious to me that the OP's lawyer did indeed do something for them to get all this jump-started again.

mabdelbaqi, good luck. I'm glad to see your husband's case is back in processing again.

I think we're all dying to find out what the initial reason for denial was and now what the RFE will be in regards to.

[rebeccajo 14]

I agree with you RJ. The OP's lawyer should be able to get access to necessary information relating to her case. If somehow he's not able to do that then i dont think he's doing his job properly.

The OP has stated their lawyer is female; I don't understand why everyone continues to refer to a female as "he".

The OP has stated that their lawyer has contacted USCIS and is having USCIS resend the denial notice. So again, I don't see why everyone wants to diss their lawyer. The lawyer is indeed making the effort to find out what's going on with their case.

Because lawyers who officially represent the 'customer' by registering as their representative at uscis.gov have access to departments at that agency that the customer does not.

And because this lawyer still seems clueless to what's really going on with the case.

That's why.

I'm a HUGE advocate on this site for use of an attorney. But because I've read the horror stories here, and because I work in the profession, I'm also a huge advocate of finding competent counsel first. My radar is telling me this lawyer doesn't pass muster.

rebeccajo, it may be a coincidence that USCIS started moving again for the OP's husband while a lawyer got involved, but I personally don't believe that for a second. It seems pretty obvious to me that the OP's lawyer did indeed do something for them to get all this jump-started again.

mabdelbaqi, good luck. I'm glad to see your husband's case is back in processing again.

I think we're all dying to find out what the initial reason for denial was and now what the RFE will be in regards to.

You don't believe what? I'm lost.

[SirLancelot 1]

I agree with you RJ. The OP's lawyer should be able to get access to necessary information relating to her case. If somehow he's not able to do that then i dont think he's doing his job properly.

The OP has stated their lawyer is female; I don't understand why everyone continues to refer to a female as "he".

The OP has stated that their lawyer has contacted USCIS and is having USCIS resend the denial notice. So again, I don't see why everyone wants to diss their lawyer. The lawyer is indeed making the effort to find out what's going on with their case.

Because lawyers who officially represent the 'customer' by registering as their representative at uscis.gov have access to departments at that agency that the customer does not.

And because this lawyer still seems clueless to what's really going on with the case.

That's why.

I'm a HUGE advocate on this site for use of an attorney. But because I've read the horror stories here, and because I work in the profession, I'm also a huge advocate of finding competent counsel first. My radar is telling me this lawyer doesn't pass muster.

rebeccajo, it may be a coincidence that USCIS started moving again for the OP's husband while a lawyer got involved, but I personally don't believe that for a second. It seems pretty obvious to me that the OP's lawyer did indeed do something for them to get all this jump-started again.

mabdelbaqi, good luck. I'm glad to see your husband's case is back in processing again.

I think we're all dying to find out what the initial reason for denial was and now what the RFE will be in regards to.

You don't believe what? I'm lost.

I don't believe for a second that their lawyer was incompetent, that the lawyer didn't do anything for them. I think their lawyer was quite competent and accomplished exactly what the OP was hoping to achieve--at least during this short period of time frame. Obviously the OP is hoping that her husband's interview appointment will be issued soon and that he'll pass, but in the short term, I think the lawyer has accomplished what the OP herself could not have done, even with a hundred call to USCIS or InfoPass appointments.

I've read this thread thoroughly and I don't believe the lawyer doesn't know what she's doing. I think it may be possible that the OP wasn't conveying exactly everything the lawyer told them verbatim here and that's why you may feel this lawyer was "clueless" but I didn't get that sense while reading the thread.

But no matter, this is besides the point now. What matters is that the case is "un-stuck" and things are moving again for the OP's husband.

[misa 2]

Could this other RFE be a interview or would it say on the email update that it was a interview?

It'll be an RFE but it's still good news meaning your case is still pending and will be processed when they receive the initial evidence back from you. Keep an eye out for the mailman.

[mabdelbaqi 0]

In regards to everyone who thinks that our lawyer did in fact do something to help us I just want to clarify something, we never hired this lawyer when we went to talk with her the other day thats all we did was talk and review our options. It was just a consultation and I believe her that when she called USCIS that they only told her it was denied and that they are unable to tell us the reason for the denial because our case is still in Missouri. The only thing that we really did with this lawyer was talk about our case and situation and she told us what are options were and that we would be better off waiting for the I-130 to be aprroved and then to reapply but Alhamdulillah (Thank God) we don't have to wait for that to happen.

So with that said I do not believe that our case was re-opened due to the lawyer calling someone as we never hired her and when we went for the consultation she did not charge us. So its just a grace of god that our case was caught by someone at USCIS and the mistake was discovered. I don't know how or why and a matter of fact I really dont' care to know all I know now is that the case is back in pending status and my husband is also back in status and thats all that matters to us right now.

But again thanks to everyone for your effort and help. Hope I didn't offend anyone with this post but just wanted to clear that up.

Take care

Melissa

[rebeccajo 14]

In regards to everyone who thinks that our lawyer did in fact do something to help us I just want to clarify something, we never hired this lawyer when we went to talk with her the other day thats all we did was talk and review our options. It was just a consultation and I believe her that when she called USCIS that they only told her it was denied and that they are unable to tell us the reason for the denial because our case is still in Missouri. The only thing that we really did with this lawyer was talk about our case and situation and she told us what are options were and that we would be better off waiting for the I-130 to be aprroved and then to reapply but Alhamdulillah (Thank God) we don't have to wait for that to happen.

So with that said I do not believe that our case was re-opened due to the lawyer calling someone as we never hired her and when we went for the consultation she did not charge us. So its just a grace of god that our case was caught by someone at USCIS and the mistake was discovered. I don't know how or why and a matter of fact I really dont' care to know all I know now is that the case is back in pending status and my husband is also back in status and thats all that matters to us right now.

But again thanks to everyone for your effort and help. Hope I didn't offend anyone with this post but just wanted to clear that up.

Take care

Melissa

And that is the most important thing. It's very good news for you and it's a good story to add to our knowledge base. Thank you for sharing it and please keep us up to date on your progress.

SirL - The only reasoning for any questioning by posters to this thread of the attorneys competence were based on anecdotal readings on our part of poor representation, and a tell-tale sign or two from the OP's account of what the attorney relayed to her.

We often talk about seeking representation on this site. It's my experience (as one who works in a law firm) that much of the public regards lawyers as they do doctors - almost untouchable or with such vast stores of knowledge they should never be questioned. Unfortunately, the guy who graduates at the bottom of his class in law school is still called the same thing as the valedictorian - a lawyer. Other attorneys, versed in one area of immigration law, might make the mistake of thinking they can effectively advise someone on another area - and this is a dangerous assumption for them to make. Lastly, there are the few completely blundersome 'lawyers' who seem to think that just because they passed the bar, they are capable of practicing any old thing they like - especially a field where they may have the mistaken impression that all they have to do is fill out some forms and stick them in the mail, thus garnering a fee.

Our recommendations to the OP that she seek a 'second opinion' were only out of concern for her that she find the BEST representation possible. It wasn't about trying to 'out-lawyer' the lawyer, if that's what you were thinking.

Edited August 28, 2007 by rebeccajo

[SirLancelot 1]

SirL - The only reasoning for any questioning by posters to this thread of the attorneys competence were based on anecdotal readings on our part of poor representation, and a tell-tale sign or two from the OP's account of what the attorney relayed to her.

We often talk about seeking representation on this site. It's my experience (as one who works in a law firm) that much of the public regards lawyers as they do doctors - almost untouchable or with such vast stores of knowledge they should never be questioned. Unfortunately, the guy who graduates at the bottom of his class in law school is still called the same thing as the valedictorian - a lawyer. Other attorneys, versed in one area of immigration law, might make the mistake of thinking they can effectively advise someone on another area - and this is a dangerous assumption for them to make. Lastly, there are the few completely blundersome 'lawyers' who seem to think that just because they passed the bar, they are capable of practicing any old thing they like - especially a field where they may have the mistaken impression that all they have to do is fill out some forms and stick them in the mail, thus garnering a fee.

Our recommendations to the OP that she seek a 'second opinion' were only out of concern for her that she find the BEST representation possible. It wasn't about trying to 'out-lawyer' the lawyer, if that's what you were thinking.

I'm going to defer to you on the lawyers. I'm not a lawyer and don't work in a law office, so you have more association and experience with lawyers.

As for the OP's specific case, I've never heard of a denied case being re-opened all by itself. If the lawyer did not intercede, why would USCIS all of a sudden re-open this denied case again? Something doesn't sound right to me.

Still, I'm happy for the OP and her husband. I hope they're able to submit all the info requested via the new RFE. Best wishes OP.

[Dr_LHA 3]

Lets remember one thing here: the OP didn't get a denial. They got told they were denied by the misinformation hotline. It is highly likely they were just wrong.

Edited August 28, 2007 by Dr_LHA

[rebeccajo 14]

SirL - The only reasoning for any questioning by posters to this thread of the attorneys competence were based on anecdotal readings on our part of poor representation, and a tell-tale sign or two from the OP's account of what the attorney relayed to her.

We often talk about seeking representation on this site. It's my experience (as one who works in a law firm) that much of the public regards lawyers as they do doctors - almost untouchable or with such vast stores of knowledge they should never be questioned. Unfortunately, the guy who graduates at the bottom of his class in law school is still called the same thing as the valedictorian - a lawyer. Other attorneys, versed in one area of immigration law, might make the mistake of thinking they can effectively advise someone on another area - and this is a dangerous assumption for them to make. Lastly, there are the few completely blundersome 'lawyers' who seem to think that just because they passed the bar, they are capable of practicing any old thing they like - especially a field where they may have the mistaken impression that all they have to do is fill out some forms and stick them in the mail, thus garnering a fee.

Our recommendations to the OP that she seek a 'second opinion' were only out of concern for her that she find the BEST representation possible. It wasn't about trying to 'out-lawyer' the lawyer, if that's what you were thinking.

I'm going to defer to you on the lawyers. I'm not a lawyer and don't work in a law office, so you have more association and experience with lawyers.

As for the OP's specific case, I've never heard of a denied case being re-opened all by itself. If the lawyer did not intercede, why would USCIS all of a sudden re-open this denied case again? Something doesn't sound right to me.

Still, I'm happy for the OP and her husband. I hope they're able to submit all the info requested via the new RFE. Best wishes OP.

All I know is the OP states they did not retain the lawyer.

I honestly believe this is a case of crossed RFE's. The file was 'denied' and then oops, all of a sudden, someone found the documents previosly sent in by the OP. Poof - case reopened.

SL, remember when you and I previously discussed that USCIS can do 'whatever they like'? This is the exact kind of scenario I was referring to. They (USCIS) saw the file as 'abandoned' because the previous RFE had not been returned. So - case denied. Would have been more than embarrassing for them if this had gone along very far and then it was determined the error was theirs.

Like you say, the most important thing is their file is underway again. The rest is all just a nice little lesson in immigration.

[mabdelbaqi 0]

Hi everyone, I haven't posted lately on our current case status because we were waiting for the RFE to come in the mail and also for the notice telling us that the case had been reopened. Well we received all of them this morning in the mail.. 5 letters from USCIS all in one day WOW we must be special...lool. Well the RFE that they want is a simple one, they want proof that he registered with NSEERS which is done when you enter the US I believe. They want a copy of the back and front of his I-94 and a copy of his visa for that. So thats not to bad..it is something we already submitted but thats immigration for you. Also we received two reciept letters saying that they reopened our case for the I-485 and I-765 they did not give us a reason for this but we don't really care about that all we know is that our case was reopened and we are happy for that. We still haven't received the first denial notice that was mailed to us and who knows if we ever will but for now our case is "frozen" due to the RFE which will be in the mail in the morning and hopefully we will have more news soon. Thanks for everyone's help and I will keep you posted when we receive more news. I understand that our case is unique and hopefully it can help someone else down the road.

Take care and have a great afternoon.