Advice needed! I-862 notice

M

MK14

Registered Users (C)
I recently received a I-862 notice "Notice to appear.."

Here is a review of my case:

I-485 employment based filled 2003
Gcard interview 2006, letter received for denial. June 2006

June 2006, I-290b filled for motion to reconsider by attorney

June 2008 I-862 received, order for fingerprints.

Do i have now have a chance to appeal the original decision with a judge?
Or are they getting ready to remove me from the country?
What options do I have for the notice to appear, are there appeals after the judges ruling if it is not in my favour?

Can anyone answer some of these questions? Thanks:mad:
 
MK14 said:
I recently received a I-862 notice "Notice to appear.."

Here is a review of my case:

I-485 employment based filled 2003
Gcard interview 2006, letter received for denial. June 2006

June 2006, I-290b filled for motion to reconsider by attorney

June 2008 I-862 received, order for fingerprints.

Do i have now have a chance to appeal the original decision with a judge?
Or are they getting ready to remove me from the country?
What options do I have for the notice to appear, are there appeals after the judges ruling if it is not in my favour?

Can anyone answer some of these questions? Thanks:mad:
Click to expand...

nobody here knows your full immigration history. what was the reason given for Denial????
 
reason

They stated in the denial letter that I overstayed during my 1st visit to the U.S by a few days. This is true and i did not know the overstay law back then in 1995, i mentioned this during the interview and stated the reason why this happened, sisters car accident.
Also the other reason was that when I came back to the US i was turned around at the airport due to overstay. Then I entered the country without inspection to be with my family, so they are saying this is fraud.
I should be protected under the 245(i) according to the lawyer.
 
MK14 said:
They stated in the denial letter that I overstayed during my 1st visit to the U.S by a few days. This is true and i did not know the overstay law back then in 1995, i mentioned this during the interview and stated the reason why this happened, sisters car accident.
Also the other reason was that when I came back to the US i was turned around at the airport due to overstay. Then I entered the country without inspection to be with my family, so they are saying this is fraud.
I should be protected under the 245(i) according to the lawyer.
Click to expand...

To get 245(I) benefit you need enter with inspection and valid I-94. Also you need have to at least Labor pending prior to 2001 April 30.
Most probably only thing that stop is Marriage to USC. But you need to weaver in that case also
 
Last edited by a moderator:
245i

I believe you are wrong on the 245I life act. According to the below article, you do not need to be inspected or have valid i-94. I filled my application before April 2001 and had a labor certification before that date also.

"What is the Section 245(i) provision of the Legal Immigration Family Equity Act (LIFE Act)?

A1. Section 245(i) allows certain persons, who have an immigrant visa immediately available but entered without inspection or otherwise violated their status and thus are ineligible to apply for adjustment of status in the United States, to apply if they pay a $1,000 penalty. The LIFE Act temporarily extends the ability to preserve eligibility for this provision of law until April 30, 2001. Use of Section 245(i) adjustment of status previously was limited to eligible individuals who were the beneficiary of a visa petition or labor certification application filed on or before January 14, 1998.

Q2. Who are the "certain persons" covered under Section 245(i) adjustment of status?

A2. Those covered by the provision are listed at Section 245(a) and (c) of the Immigration and Nationality Act and include individuals who:

* Entered the United States illegally;
* Worked in the United States illegally,
* Failed to maintain continuously lawful status,
* Entered under the Visa Waiver Pilot Program,
* Entered as foreign crewmen, and
* Entered as foreign travelers in transit without a visa.

Q3. Am I eligible for Section 245(i) adjustment of status under the LIFE Act?

A3. To be eligible, you must:

* Be the beneficiary of a Form I-130 immigrant visa petition ("Petition for Alien Relative"), or Form I-140 immigrant visa petition ("Immigrant Petition for Alien Worker"), or Form I-360 ["Petition for an Amerasian Widow(er), or Special Immigrant], or Form I-526 ("Petition for an Alien Entrepreneur") filed with the INS on or before April 30, 2001, (either received by INS or, if mailed, postmarked on or before April 30, 2001) or
* Be the beneficiary of an application for labor certification filed with the Department of Labor (DOL) according to DOL rules on or before April 30, 2001, and
* Also have been physically present in the United States on December 21, 2000, if the qualifying visa petition or labor certification application was filed after January 14, 1998."
 
Whoa. Your case is complicated. First of all, what is the date of your LC and the dates for the RD and PD for your I-140?
Second, you are correct that 245(i) covers EWI. See, Memo, Crocetti, Assoc. Comm., HQ 50/5.12 (May 1, 1997), reprinted in 74 Interpreter Releases 781, 791 (May 12, 1997).
What are the exact charges on your Notice to Appear (NTA)? Where is the immigration court located? Do you know who your immigration judge (IJ) is yet? Are you charged as an "arriving alien" on the NTA? This is important because if you are charged as EWI then the IJ would have exclusive jurisdiction over your AOS application and you would be able to reapply before the IJ. The problem is, I still think you are ineligible for AOS, because you were excluded at the airport and then re-entered without permission. That makes you removable from the US under INA section 212(a)(9)(C)(i)(II). Persons removable under that section cannot adjust status under 245(i). See, Matter of Torres-Garcia, 23 I&N Dec. 866, 867, 877 (BIA 2006).
 
MK14 said:
I believe you are wrong on the 245I life act. According to the below article, you do not need to be inspected or have valid i-94. I filled my application before April 2001 and had a labor certification before that date also.

"What is the Section 245(i) provision of the Legal Immigration Family Equity Act (LIFE Act)?

A1. Section 245(i) allows certain persons, who have an immigrant visa immediately available but entered without inspection or otherwise violated their status and thus are ineligible to apply for adjustment of status in the United States, to apply if they pay a $1,000 penalty. The LIFE Act temporarily extends the ability to preserve eligibility for this provision of law until April 30, 2001. Use of Section 245(i) adjustment of status previously was limited to eligible individuals who were the beneficiary of a visa petition or labor certification application filed on or before January 14, 1998.

Q2. Who are the "certain persons" covered under Section 245(i) adjustment of status?

A2. Those covered by the provision are listed at Section 245(a) and (c) of the Immigration and Nationality Act and include individuals who:

* Entered the United States illegally;
* Worked in the United States illegally,
* Failed to maintain continuously lawful status,
* Entered under the Visa Waiver Pilot Program,
* Entered as foreign crewmen, and
* Entered as foreign travelers in transit without a visa.

Q3. Am I eligible for Section 245(i) adjustment of status under the LIFE Act?

A3. To be eligible, you must:

* Be the beneficiary of a Form I-130 immigrant visa petition ("Petition for Alien Relative"), or Form I-140 immigrant visa petition ("Immigrant Petition for Alien Worker"), or Form I-360 ["Petition for an Amerasian Widow(er), or Special Immigrant], or Form I-526 ("Petition for an Alien Entrepreneur") filed with the INS on or before April 30, 2001, (either received by INS or, if mailed, postmarked on or before April 30, 2001) or
* Be the beneficiary of an application for labor certification filed with the Department of Labor (DOL) according to DOL rules on or before April 30, 2001, and
* Also have been physically present in the United States on December 21, 2000, if the qualifying visa petition or labor certification application was filed after January 14, 1998."
Click to expand...

Did you have any GC related application prior to April 30 2001 (Even as a dependent)?
Were you present on December 21, 2000 in US?
 
I-862

I had a I-130 from brother pending, dont think I filled a i-485.

I have been present since 1995.
 
To all of you who receive an Notice to Appear-NTA immediatelly followed by a I-797 Notice of Action !!!

The I-797 is sent to bring you to the USCIS office so that they can fingerprint you and in 90% of the cases detain you. Now at that point if you do not have any criminal record at all or previous deportation orders from an immigration judge, the bail or bond cost is between 1500 and 5000$. I am warning everybody because a member of my family has been through this process and we were told by the USCIS agents that this is standard procedure nowadays. If you have problems like criminal record or something you can forget about bail for sure. So if you think that they will only fingerprint you and let you go, you are in deep trouble. Be prepared, that is all I am trying to warn about. I am not a lawyer and I am not trying to teach anybody how to to anything illegal, just that i think it's fair to keep in mind the fact that you might not leave the federal building. Good luck
 
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