AOS DENIED- Failed Interview

[New Yorker 0]

Hello ..

Well the unexpected happened.. I went to my AOS interview and case was denied. Everything went well, evidence, documents, etc, but at the moment the officer asked all the YES/NO questions I failed one, due to my nervousnes and my bad english!

He asked: have you been arrested? I said yes and I explained it was because an overstay and the history.

He asked if I have used fraudulent documents or made false statements to an officer, and I ONLY focused on the first part.

Ive never worked in the US while B2 so I responded NO.. but when detained for the overstay I lied trying to save myself saying I was entered recently to the US .. then I accepted I was out of visitor status and 1-94 proved it. Anyway I provided all my detention statements when we filed the K-1 visa, and everything went OK.

The letter sent the same day as the interview ?!!!! states my AOS has been denied because of "misrepresentation" says I have 30 days for a motion to reopen paying 385 dls and my EAD has been revoked.

How can I be "without status" ? Mhhhh....

Oh God,.. what do you think I should do? How do I make this motion to reopen? or just re-file AOS??

Which way I have more chances?

Please I appreciate ay help! and Good luck to all.

NY

Edited August 26, 2007 by New Yorker

[Beauty for Ashes 257]

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eeeeeeeeeeyyyyyyyyyyyyyyyy

[Otto 83]

Hello ..

Well the unexpected happened.. I went to my AOS interview and case was denied. Everything went well, evidence, documents, etc, but at the moment the officer asked all the YES/NO questions I failed one, due to my nervousnes and my bad english!

He asked: have you been arrested? I said yes and I explained it was because an overstay and the history.

He asked if I have used fraudulent documents or made false statements to an officer, and I ONLY focused on the first part.

Ive never worked in the US while B2 so I responded NO.. but when detained for the overstay I lied trying to save myself saying I was entered recently to the US .. then I accepted I was out of visitor status and 1-94 proved it. Anyway I provided all my detention statements when we filed the K-1 visa, and everything went OK.

The letter sent the same day as the interview ?!!!! states my AOS has been denied because of "misrepresentation" says I have 30 days for a motion to reopen paying 385 dls and my EAD has been revoked.

How can I be "without status" ? Mhhhh....

Oh God,.. what do you think I should do? How do I make this motion to reopen? or just re-file AOS??

Which way I have more chances?

Please I appreciate ay help! and Good luck to all.

NY

New Yorker,

You should seriously consider consulting with an immigration-family-based-visa attorney. You can find several names on VJ and am certain there are plenty in the NY area.

[kim&james 0]

definately a case for a immigration attorney. best of luck

[Killer_Clown_2009 0]

Such sad, sad news. I really think like those who already posted that you need a lawyer.

[athena_ny 1]

Hello ..

Well the unexpected happened.. I went to my AOS interview and case was denied. Everything went well, evidence, documents, etc, but at the moment the officer asked all the YES/NO questions I failed one, due to my nervousnes and my bad english!

He asked: have you been arrested? I said yes and I explained it was because an overstay and the history.

He asked if I have used fraudulent documents or made false statements to an officer, and I ONLY focused on the first part.

Ive never worked in the US while B2 so I responded NO.. but when detained for the overstay I lied trying to save myself saying I was entered recently to the US .. then I accepted I was out of visitor status and 1-94 proved it. Anyway I provided all my detention statements when we filed the K-1 visa, and everything went OK.

The letter sent the same day as the interview ?!!!! states my AOS has been denied because of "misrepresentation" says I have 30 days for a motion to reopen paying 385 dls and my EAD has been revoked.

How can I be "without status" ? Mhhhh....

Oh God,.. what do you think I should do? How do I make this motion to reopen? or just re-file AOS??

Which way I have more chances?

Please I appreciate ay help! and Good luck to all.

NY

Consult and attorney. And next time, if you don't understand a question, etc, just ask them to repeat it. It's not worth a denial I'm sorry to hear of your situation.

[misa 2]

Oh geez, I'm sorry to hear about this. Definitely contact an attorney. Maybe someone else knows for sure but doesn't Catholic Charities have staff that can also help guide with immigration problems?

[athena_ny 1]

Oh geez, I'm sorry to hear about this. Definitely contact an attorney. Maybe someone else knows for sure but doesn't Catholic Charities have staff that can also help guide with immigration problems?

My husband and I filed our paperwork with their help (I was against it, he was after we did it) - they basically just do the stuff that you can, filling out paperwork etc. After that, it's up to you. I would really go for the attorney.

[misa 2]

My husband and I filed our paperwork with their help (I was against it, he was after we did it) - they basically just do the stuff that you can, filling out paperwork etc. After that, it's up to you. I would really go for the attorney.

Ah... good to know. I wasn't sure if they had attorneys available or not since I never dealt with them and have only seen their name kicking around the forum when some problems occur.

[kitkat1 5]

Denial due to misrepresentation is a serious situation requiring a waiver and a consult with a qualified immigration attorney. Catholic Charities might be great for helping peope fill out paperwork, but this situtation warrants a higher level of assistance IMO.

[Magnolia31 0]

There are actually alot of organizations that help with immigration issues so you are right!

To the OP, if an attorney is not right for you at the moment due to financial issues, etc., you can google immigration organizations in your area which will help you for free. We have a really good one where I live called the spanish center and I actually got help from them a few months ago.

Oh geez, I'm sorry to hear about this. Definitely contact an attorney. Maybe someone else knows for sure but doesn't Catholic Charities have staff that can also help guide with immigration problems?

Which one did you use? They do have some that have attorneys.

Oh geez, I'm sorry to hear about this. Definitely contact an attorney. Maybe someone else knows for sure but doesn't Catholic Charities have staff that can also help guide with immigration problems?

My husband and I filed our paperwork with their help (I was against it, he was after we did it) - they basically just do the stuff that you can, filling out paperwork etc. After that, it's up to you. I would really go for the attorney.

[New Yorker 0]

Denial due to misrepresentation is a serious situation requiring a waiver and a consult with a qualified immigration attorney. Catholic Charities might be great for helping peope fill out paperwork, but this situtation warrants a higher level of assistance IMO.

I have an appointment with an attorney today. KitKat hello!! But my question is if I need the waiver after a motion is denied, or I should go ahead and file it along with the motion, or along with another AOS? I have an infopass in 10 days, I ll try to find an answer visiting my local office.

The reason that I insist in asking opinions in VJ is because I dont know a good lawyer or someone's lawyer. If some of you know one in NYC please give me the contact. The appointment that I have today is with a lawyer I found in the newspaper, but I know sometimes is dificult to trust them if they are not proven as reliable profesionals.

Plus I can't live this days without knowing my chances or what to do..

[New Yorker 0]

For those in my situation I found this:

Winning a motion to reopen and reconsider is a great accomplishment for immigration attorneys. It is almost like a white elephant myth. Since the same BCIS officer that denied the petition in the first place adjudicates the motion, attorneys face low success rates in these motions. The review process is the reason why many immigration practitioners are hesitant to file a motion to reopen, instead choosing to file again, filing an appeal or do nothing.

Q: What is a "motion to reopen" or a "motion to reconsider"?

A: In addition, you may file a motion to reopen or a motion to reconsider with the office that made the unfavorable decision. By filing these motions, you may ask the office to reexamine or reconsider its decision. A motion to reopen must state the new facts that are to be provided in the reopened proceeding, and must be accompanied by affidavits or other documentary evidence. A motion to reconsider must establish that the decision was based on an incorrect application of law or USCIS policy, and show that the decision was incorrect based on the evidence in the file at the time the decision was made. Any motion to reopen or reconsider must be filed with the correct fee $385 within 30 days of the decision.

HOW TO FILE A MOTION

We have included the following documentation in the typical motion to reopen. These documents increase the likelihood of success in such circumstances:

· Brief Excerpt of the written decision and why you disagree with it. The attorney must not be lengthy in his/her excerpt but on-point with the key issue of disagreement. In the above case, we have outlined the fact that the service itself admitted that the position was a specialty occupation and the decision to deny seemed arbitrary.

· Brief excerpt of the laws and regulations relating to the case. In this case we have stated the laws as well as legal arguments.

· For H-1B cases, Dictionary of Occupational Title, OES Wage JobZone, and SVP levels in cases of specialty occupation challenges (note that we have submitted that evidence also in response to the RFE). In this case the SVP level was 8.0, a high indicative of a specialty occupation.

· New evidence. This may be the most important aspect of the motion to reopen as new evidence that was not submitted before may give the officer a reason to change his/her mind. In this case we used industry-wide standards as well as other materials to demonstrate the industry standards to the officer.

[kitkat1 5]

Brenda, immigration law is federal -- you don't need someone in NY. Heather Poole's consult is free. Did the officer NOT tell you that you could apply for a waiver? This would be the most logical next step as far I know. Hopefully Heather can clarify.

[New Yorker 0]

Brenda, immigration law is federal -- you don't need someone in NY. Heather Poole's consult is free. Did the officer NOT tell you that you could apply for a waiver? This would be the most logical next step as far I know. Hopefully Heather can clarify.

Yes, I sent a petition for a consultation to Heather Poole's .. I hope it is soon. No, the officer did not tell me nothing about a waiver. My decision reads exactly like this:

Decision

"Upon consideration it is ordered that your applicaction to register PR be denied for the following reason: Misrepresentation.- definition.

As you have failed in the interview, you are deemed inadmissible pursuant to section 212a6c. Any EAD or AP isued to you is hereby terminated. This decision may not be appealed. A motion should be hand delivered to this office. 30 day period is still in effect"