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Giving up on DV, other options ?

T

TheReality

Registered Users (C)
Hello everyone,

I am pretty sure that I am losing the DV this year.

What do you think I should do after September ? Should I leave the U.S immediately ? do I have some time to leave ? How long ?

Do I have other legal options to stay ?

My understanding is: when I applied for AoS I lost my non-immigrant status, and as a result I am not eligible now to apply to any other status, is that correct ?

I appreciate any advice on this issue.
 
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TheReality said:
My understanding is: when I applied for AoS I lost my non-immigrant status, and as a result I am not eligible now to apply to any other status, is that correct ?
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Click to expand...
It depends on type of visa you have.
 
Contact a wellknown immigration laywer immediately !!!

Contact a wellknown immigration laywer immediately !!! And do not hesitate, you only have 1 1/2 month left, it is worth the money.
 
Some things to try

Hello, TheReality. I'm in a similiar situation, perhaps even worse off because my case seems to have been forgotten in the Twilight Zone on some official's desk. Even after 3 months after my initial Notices of Action, I haven't received a fingerprint appointment letter but I finally did the biometrics as a walk-in this week. Anyway, enough complaining on my part, but here are some issues that may be relevant to you:

I most recently entered the US as an H1B specialty worker and I lost that status because my funding was cut unexpectedly last month. Fortunately, I filed while I was still in status, so I'm allowed to remain in the US while my application is pending. I still have a few years left of potential H1B status, which is dual-intent (many H1Bs eventually file for employment-based green cards), so in theory, I can look for another job that will sponsor me on an H1B. So, depending on your current status and what job prospects you have, you may be able to remain in the US. The H1B can be filed with premium processing (an extra $1000 fee) that expedites the procedure (I think the decision has to be made in 30 days after filing), so you might just barely have time for that.

When I visited my local USCIS office 7/17/06 to request an interim EAD (more than 90 days since my first NOA), I was able to ask some questions about my AOS case. The official claimed that they were waiting for my KCC package, which was requested on June 20 but not yet received. I called KCC and they said that the package was sent July 11, so my local office probably lost/misplaced the info. Anyway, this is something you should check on for your case. Just call the KCC number to see if your local office even requested the package (606-526-7500). And make INFOPASS visits to your local office. If you have one bad experience, just try again. I have had 4 INFOPASS visits and met two different officials, one who keeps telling me to wait and another who actually looks at my status and tells me what she knows.

The nicer USCIS official claims that my background check has passed but I'm taking that with a grain of salt. I got to fingerprint because apparently, my EAD was approved 6/26/07 but never issued due to lack of biometric info. And yet, I never got a notice and now they wouldn't give me an interim because my "real" EAD was already approved (?!?). Anyway, she gave me a walk-in biometric pass, so I was finally able to complete this part of the process. I plan to check with the FBI regarding my status. That is something you should do, too.

I hired a lawyer yesterday. My case was so clean-cut that I didn't think one was necessary when I first filed. Anyway, now that time is running out, I figured I might as well try every option available. The lawyer couldn't find anything wrong with my application and was really perplexed. Anyway, he's filing a form (I think a G28 or something like that) that formally requests case status info from my local office. And if that doesn't help, he'll contact the state immimgration headquarters (apparently not in my state's capital city, Columbus). As a last resort, he'll contact the Senator's office. He wasn't hopeful about the Senator's office, based on previous experience with the office. I can't vote and I live in a state where the senators apparently don't like immigrants with advanced degrees (both OH senators voted against the bill to give more DVs to immigrants with advanced degrees), so I don't know if they'll hold my degrees against me. Anyway, you should hire a good lawyer as soon as possible. It's a painful expense but might be your best chance (and it won't cost as much, since you are not paying for the initial filing, etc.). Depending on where you live, you should choose the lawyer carefully (older, more established firms usually know the local office better, have more contacts, etc.).

Don't give up quite yet since there's still some time. Of course, it's also good to make peace with any possible bad outcome, too. I've decided that I'm going to live a great life no matter where I am and that has helped me take everything in stride. Good luck to all.
 
Many thanks GotPR?, rcling26 and alincosma

GotPR? said:
It depends on type of visa you have.
Click to expand...
My wife's is F1, mine is F2. I read the NSC/NAFSA open house file here , the question was about F1/J1 and NSC director's answer was: "An applicant’s nonimmigrant status can lapse while the I-485 is pending" :confused:

rcling26 said:
Contact a wellknown immigration laywer immediately !!! And do not hesitate, you only have 1 1/2 month left, it is worth the money.
Click to expand...
I am trying this one, right now all local immigration attorneys I talked to told me that its too late. Also, I got a job offer from a big company (maybe the biggest in the US), and their attorney asked me for information to file premium H1B application, when I explained my case he said that he cannot file the petition because once I filed I-485 I became out of status!

alincosma said:
or a senator, try going for that also
a month ago I felt the way you do and look at my status now
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Congratulations alincosma :), wish things work for everyone.
We filed FOIA requests, when we recieve responds we'll meet with congressman.

The thing is, I don't think CIS people are willing to approve any application for us, they even denied to give me an interim EAD although the law entitles me to get it. :(
 
Hello researcher29, thanks for sharing your experience.
I read your post carefully, I have no legal experience, but look at what you have here, you passed the name check ! have the biometrics done, and the forgotten KCC package is already sent, what's left ? the interview ? I cannot see why you shouldn't get a welcoming letter in 2 weeks :)

Wish you good luck soon.
 
TheReality said:
Many thanks GotPR?, rcling26 and alincosma


My wife's is F1, mine is F2. I read the NSC/NAFSA open house file here , the question was about F1/J1 and NSC director's answer was: "An applicant’s nonimmigrant status can lapse while the I-485 is pending" :confused:

You should read my posts that I did before. I just went through AOS while holding F1 visa and did not have any problem. I worked until my interview using my F1 and I didnt have an EAD and continue working using F1 while waiting for the decision. I consulted two lawyers and both of the told me that I dont loose my F1 when I submitted my AOS.



I am trying this one, right now all local immigration attorneys I talked to told me that its too late. Also, I got a job offer from a big company (maybe the biggest in the US), and their attorney asked me for information to file premium H1B application, when I explained my case he said that he cannot file the petition because once I filed I-485 I became out of status!


Of course it is not too late, DV cases are handled separately and I think the lawyer is completely wrong and it is a complete nonsense that you became out of status when you filed I-485

Congratulations alincosma :), wish things work for everyone.
We filed FOIA requests, when we recieve responds we'll meet with congressman.

The thing is, I don't think CIS people are willing to approve any application for us, they even denied to give me an interim EAD although the law entitles me to get it. :(
Click to expand...
 
Hello, TheReality. I'm taking any potential good new with some skepticism, so I'm not convinced that my name check has passed. I've been told inaccurate info in the past, so it's better to err on the side of caution. Anyway, like you, I was not granted an interim EAD, supposedly because my real EAD was already approved (but not issued). I don't really understand the reasoning behind that, but I wasn't about to argue with the official. As I wrote the sentence above, I just got an email from USCIS regarding my EAD approval, so that's a small piece of good news.

If KCC has sent your package and your biometrics are done, I don't know what's delaying your case. Have you checked to see if the FBI sent your results to your local office? I called them this morning at 304-625-5590. All they would tell me is that my fingerprint check results were sent (not the actual results). I'm a little worried about my fingerprints because they are unusually shallow and low-contrast, from years of lab work (gloves, chemicals, and frequent handwashing), but I'm assuming I'll be told if they need to re-do the biometrics.

I think you should find another lawyer. Your hiring company's lawyer is probably familiar with very specific cases, only employment-based temporary immigration. Keep on talking to different firms until you find one who will take your case. Maybe I'm just cynical, but I think some firms don't want to take cases that are mostly complete because they can't charge you for filing the forms. My attorney confirmed from the start that I would be paying him to nag and prod the system for me, which is less than if I had him process my entire case (filing, etc.). I would recommend my lawyer's firm but I can't confirm their success yet and they would lose the "home turf" advantage (unless you happen to live in Columbus, OH). Anyway, my attorney forwarded me the papers he's sending to the local USCIS office, a G-28 Notice of Appearance (stating that he's my lawyer) with a letter explaining the upcoming DV-2006 deadline, how long I've waited, etc. I don't know if any good will come of this, but it's worth a try. Again, try to look for established firms, with older lawyers who have been practicing in the area for a long time.

I really hope things work out for you (and all of us going through this). Good luck to all.
 
TheReality said:
My wife's is F1, mine is F2. I read the NSC/NAFSA open house file here , the question was about F1/J1 and NSC director's answer was: "An applicant’s nonimmigrant status can lapse while the I-485 is pending" :confused:
Click to expand...

there is no concrete rule that F1/J1 will be void if one applied for I485, however, considering the fact that one can not have 2 status at the same time, and F1/J1 are not dual intent, it makes sense that F/J status will be void after I485 application. But again there is no clear guideline and some says F/J is still valid and some says not.
 
GotPR? said:
there is no concrete rule that F1/J1 will be void if one applied for I485, however, considering the fact that one can not have 2 status at the same time, and F1/J1 are not dual intent, it makes sense that F/J status will be void after I485 application. But again there is no clear guideline and some says F/J is still valid and some says not.
Click to expand...

Thanks GotPR?, I have asked about this issue a local CIS officer who in turn discussed it with her supervisor then with the office manager, and they said that it is definitely OK to apply for H1B in my case and it doesn't conflict in any way with the pending AoS. Talking to my wife's school international office confirmed that.

The attorney had filed a premium H1B on August 1st, and two days ago he called the premium unit and he was told that processing of my application cannot be completed through their unit ! Instead, it followed our other applications (Aos's and EAD) to the "on hold" status !

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I and my wife had sent FOIPA requests and they came with "No Record"

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The local CIS office had sent inquiries to TSC asking them about the reason for the "hold" status three times (July 11, July 25 and August 8) but got no response at all.

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I have visited the congressman office and told the immigration issues director about the progress of our case (well, there is no progress actually), and explained the urgency of our situation. She promised to do her best and I hope I can hear from her next week.

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So here we are again in the zero square, and our applications have not been touched since 4 months. It is obvious to me that they are buried somewhere in a CIS office where cases are left to die when the Sept 30 clock ticks.

An immigration attorney has suggested that I hire him to sue the CIS, but I couldn't understand the strong basis for such action, beside, he will charge 5k+ which I cannot afford of course with this uncertainty.

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Any advice ?
 
Hello, TheReality. Has your immigration attorney tried making formal inquiries to your local USCIS office? My lawyer wrote a letter to the local office in Columbus and cc'ed it to the District Director (which is based in Cleveland, rather than the state capital Columbus). The letter explained my situation and requested that they consider the September deadline. After a week, he still received no response from the local office, so he wrote directly to the District Director's office in Cleveland. Two days later, he received a reply that they would send out an interview notice in 30 days or less. I hired my attorney on July 19 and received an interview notice on August 4, just 4 days after the District Director's reply. I don't think that suing CIS would be helpful to you at this point in time, because it sounds expensive and is more likely to annoy the office than encourage them to help you.

Good luck.
 
TheReality said:
when I explained my case he said that he cannot file the petition because once I filed I-485 I became out of status!
Click to expand...

That is incorrect. If you filed your I-485 while you were in legal status (that does not allow for dual intent), then you will remain in that status (in your case F1) until one of these situations occurs:
1) Your F1 expires
or
2) You use the EAD you got when you filed your I-485 (instead of the EAD you may have gotten while you were on F1)
or
3) You used your AP to reenter the US
or
4) Your I-485 gets adjudicated.

In the case of 1, 2, & 3, you status would change from F1 to "AOS Pending" because you have a pending I-485, and your F1 would be void.

In the case of #4, your status would either change to "permanent resident" if the I-485 was approved, or it would change to "out of status" if you were denied.

This lawyer obviously does not know the law very well.
 
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What happened?

The Reality,
What happened to your DV?
Did you get it?

If you did, congrats!
If you didn't, what happened to your status?
Are you back on F-1 status?
 
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