"ineligible to adjust status to lawful permanent resident alien"

T

timmy_d11

Registered Users (C)
My wife received notice today that she was "ineligible to adjust status to lawful permanent resident alien" stating that I "failed to overcome the excluding provisions of Section212(a)(4) of the Immigration and Nationality Act"............basically because I am currently unemployed.

WHAT REALLY F'IN BURNS ME UP is the fact that the decision was sent out on Friday EVEN THOUGH they gave us until Friday morning to come up with a cosponsor with an affidavit of support I-864 - WHICH WE DID (my brother and his wife took in just under $100,000 for each of the last 3 years) AND IT APPEARS THEY DIDN'T EVEN LOOK AT IT WHEN THEY MADE THEIR DECISION.

NOW *I* have to go through the formal BS and whatever fees that it costs me to file for a reconsideration or to have the case reopened based on the co-sponsor and I-864 THEY FAILED TO LOOK AT.

IN ADDITION TO THAT I have to go back to my brother's place and have him gather up ALL THAT STUFF AGAIN and make copies and then have them sign a new affidavit of support.

THEY ought to do what is right and overturn it AUTOMATICALLY once the officer gets around to reading all of the forms and evidence we delivered to her on Friday - WITHOUT us having to trigger that.

SHE gave us until Friday to get her the cosponsor and everything and we BROKE OUR ASS to get her EVERYTHING she asked for and EVERYTHING that should be enough to have us be approved - but SHE dropped the ball and failed to remember that she gave us until Friday morning to come up with this - and SHE failed to read the new evidence and information that we delivered.

What burns me up is she told us to go right to her and give her that stuff but security REFUSED to allow us and made us deliver that packet to them. My wife is PO'd because she thinks I should have politely demanded and more or less begged them to let us see the officer - but it was clear to me they were not going to let us see the officer and begging and friendly persuasion was not going to do any good.

My father thinks I should try to track down a number for USCIS and explain what happened, but I don't know if there is anyone that I can talk to that can or would do anything for me WITHOUT going through the time consuming and sometimes expensive formal BS.
 
I am really sorry to hear that. Maybe you could consult Chatolic Charities.. They offer cheap immigration assistance. Good luck!
 
really sorry to hear that....when was your interview? at mine the officer asked my husband if he was working and he is not right now b/c he's studying abroad. we showed assets but no joint sponsor. we haven't received any denial letter yet. and if we do, i'm going to be pissed b/c i followed their crap to the T.
the point that i'm trying to make here is that, even though my husband is not working, they cannot deny as long as you follow their I-864 to the letter.
do yo have any proof that you were there on friday? if you had mailed it then you could have had the receipt, however by going there is there any proof that you have, that you were there on the day she told you to be.
did you get a letter from the officer saying that you can see her directly to give her the packet? or her phone number? they will not let you in to see her just based on you saying that she told you to do so.
since your the citizen, i would schedule an infopass and respectfully but demandingly give them a piece of my mind. although its not their fault, but rather the officer, you can ask them to overturn rather than having to go through a reopening of the case. i think you should do this asap, b/c you might get a deportation letter soon....also elections are coming up soon, write to congresspeople.
 
We gave them the package with my cosponsors taxes for the last 3 years, identification AND the new I-864. They DID stamp the date and time on OUR copy of what we gave them when we gave it to them.

It just burns me up because we trusted this lady that she would wait until Friday morning to get a cosponsor and we came in Friday morning with EVERYTHING. Everything was verbal but we took her word for it and trusted her. The mistake is hers. Granted, I did not have a cosponsor on our interview date but she gave us until Friday and either went back on her word or dropped the ball.
 
Hey Timmiy Am Sorry To Hear About Your Situation , These Immigration People Are Just Crazy Man , They Know They Have Your Futures In Their Hands But They Don't Give A Shit. U Should Go In And Let Them Know What Happened , Or Go Back To Where U Had U R Interview And Wait Until U See That Same Person , U Have To Be Persistant.
 
Setup infopass and demand to speak to a supervisor.. That biatch should get seriously spanked lol... Anyway, this goes beyond my knowledge, I don't know anything about denial procedures... Just do me a favor. Don't waste your energy and worry about crazy ass idiot called immi officer that interviewed you... Request to speak with a supervisor, file complain against that lying cow and find out what can you do now. What's done is done, try to find out what's the easiest way to proceed with the case. There must be a way to get out of this. There is always a way, that's why thousands of ppl move to this country every year. Cuz we were thought there is always a way to make it in America. Everything can be done as long as you are focused. So, get your grip together. Call Chatolic Charities, call immigration and be persistant till you reach somebody who is willing to help ya'll out :) :) :)

USCIS (800) 375 – 5283
Shortcut to reach customer service 1 2 6 1 1 3 1 (wait few seconds in between numbers)
Regarding this customer service, it's very rigid. You should probably call Washington directly... Try to explore online.

http://www.catholiccharitiesusa.org/

http://www.uscis.gov/portal/site/us...nnel=52a46c854523d010VgnVCM10000048f3d6a1RCRD

Check your field office on the above link and you will see a list of legal aid offices in your area!

If you wish to make a complaint of misconduct against a USCIS employee, please write to:

Assistant Chief
Internal Security and Investigative Operations, USCIS
111 Massachusetts Ave., N.W., Ste 7000
Washington, DC 20529

or email: USCIS-COMPLAINT@DHS.GOV.
 
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i agree....set up infopass and take your stamped copy showing that you were there on friday, just like you were told. what sucks is that you only got a verbal understanding with that lady. nothing written from her. nevertheless, speak to a supervisor and don't be intimidated by them. you followed everything to the T. this is your country and you want your wife to adjust. you have a right to want your family members to stay with you. so you have to give them a piece of your mind.
 
Well, I know the ladies name. I know she'll remember that she told us that - it's just a matter of whether or not she is decent enough to be truthful about it.

What pisses me off is we wrote the officers name, my wife's name and her A# on the outside of the packet, and I'M SURE she received it sometime Friday - or Monday, but that would be their F up because it was there on Friday morning.

ONCE SHE RECEIVED THAT PACKAGE it should have rang a bell and SHE OUGHT TO DO THE RIGHT THING and change the decision to APPROVED *WITHOUT* me having to reopen the case or ask for reconsideration BASED ON EVIDENCE SHE ALREADY HAS SINCE FRIDAY MORNING AS PER HER ULTIMATUM - *AND* ME HAVING TO COME UP WITH ANOTHER $390 to have the case reopened or reconsidered.

It's her F UP if she is honest about it and it's BS that I should have to go through all of the costs and formalities to prove that to her.

She ought to do the right and decent thing and fix it without all of the time consuming, stressful and costly formalities.

But, she did not really seem to be a pleasant person - she did not speak to us in a courteous and respectful way, and she was obviously rooting against us not for us - so I won't hold my breath.
 
Now my wife is pissing me off. She is so upset about this and is so eager to RESEND all of the paperwork THAT THEY ALREADY HAVE *AND* SO EASILY hand them over another $400 to get this taken care of.

What happened to principle?

THIS isn't what America is about.

WHY should I have to send them another $400 because the lady goofed and forgot that she said that she would give me until Friday morning to get a cosponsor and all of the required paperwork, WHICH WE DID?

And even if she made a decision before that WHY doesn't she have the power AND decency to overturn their decision ON HER OWN once she looks at our papers and remembers that she gave us until Friday morning to get those papers to her, WHICH WE DID?

AND WHY isn't it easier and more convenient to call them and speak to SOMEONE about things like this?!
 
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My wife and I went to our paralegal's today and the 3 of us decided that we would:

1st) write a letter to the officer that assured us that she would wait for 2 days for us to get a cosponsor - and point out that she DID NOT do as she said she would.

I wrote the letter and everything is very clear. If the officer reads it and is decent and honest she should, if she can, change our petition from denied to approved, based on our cosponsor.

If this fails:

2nd) We have an infopass appointment set up for the 14th of November, at which time I will explain EVERYTHING all over again and point out the broken promise made to us.

Then 3rd and lastly, if they are totally nasty and won't hear anything without REfiling / REopening / REconsidering, we will do that and pay them more money - but NOT before I point out that they broke their promise and it is WRONG that I should have to do that.

HOPEFULLY they will read my letter, take it into consideration, and do the RIGHT / JUST thing.
 
Timmy:

I am glad that you are working through this and am sorry this happened to you. Remember that if you have to refile, you should request a FEE WAIVER since income in household is below the poverty guidelines, you should qualify. This will save you money. Your paralegal should be able to give you more information about this. God Bless and am praying for you and your wife. :)
 
When she said that she was going to give you until Friday, did she give you a letter? It's like a letter with several info and she should highlight what is expecting to received and when. That's happen with us, kind of. The doctor who made my medical screwed up my shot worksheet and that was exactly the copy that it was missing from my copies (I asked for a set of copies for my records) and at the interview the IO gave us a letter and highlighted the paperwork that he needed and put a date, we said that we will have it that same day since the doctor's office was two blocks away. When we came back we showed the letter and we never had a problem. AGGG that woman did not follow the procedure! and screwing things up! bufff. Anyway good that they stamp at least your copy, you have something!

They should reconsider since will be illegal the denial.

Take care and good luck!
 
No it was only verbal, but given the opportunity I will look that woman in the eyes and she will have to admit that she said that she would give us until Friday morning to get a cosponsor or lie to my face.

I really hope that she can and will fix this before I have to see her again.

If she reads my letter she will recall what she said.

And if she just waits until I have to pay to have the case reopened I will, but she shouldn't wait because ultimately and eventually they will approve my wife - there is no valid reason not to. She will only be wasting our time and my money - I don't know if these people would get off on that but I hope not.
 
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