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!