applied under 245i and got denial because dates where after april 30.2001, Need Advice!!! help!

B

bosanci30

Registered Users (C)
here is my story from a previous tread:

i have wrote it again so other people to read,then bellow will write more about the denial!:

>>>>>>>>>>>>>>>>>>>>>>>

i come in august 27-2000. (without inspection,no visa)

we contacted a lawyer and start some paper work in January 2001.,so at the end of march 2001 the lawyer sent all papers (i-130) to ins (father usc, applying for son over 21-unmarried), now with in 30days we got all papers back from ins,because the lawyer put a check of 120$ ,instead of 110$, and then we have resend it back to ins,so when we got the notice date was "june 15-2001",

now,in march 2004 i was approved to that i-130,but i couldn't apply for adjust of status,and the paper said that i had to wait intill my visa will be available for me.

so i wait all this years ,i have check online status ,so many times,called and no visa for me!,after all this time i really try to get in touch with someone from inside to tell me whats going on,so i did about 3 weeks ago,so i talk with a ins officer,not the once that the answer the phones!,a officer and she look at my case wac... and i have asked whats going on with my case ,is been 7 years and nothing!,and she said that ,ohh,your visa was available from 2007! but you never submit your application for adjustment of status!,so i said ,i did not get any letter or nothing from ins,,so anyway
she told me to file this papers
i-485,i-765,g325a father,g325a son,i-864,i-693,g1145,plus all documents and where to send and the fees. plus i have asked about that law 245i,and she said put the i-130 proof in top of all papers and proof that i was here in the usa before april 30-2001 so i did ,and i have sent all paper work in few weeks back.

till then,i got receipt (2) i-485,i-765
and also received my finger print app.(in 2 weeks is due)


and few days ago i was checking online my case to see if anything changed ,and under msc... i-485 was saying : "request for initial evidence"
and it say that i need to fill out i-485 supplement A.,,
but right now i am confuse,when i try to fill that form out because of my notice date
june 15-2001,i cant see to be eligible for that law!,i dont see what box to check...

so in this case is there anything i can do?,i have applied before april 30-2001,but because that mistake with the paper work being returned back and the notice date ...,is it something i can do about?,i have proof that i was here in usa before april 30-2001, driver license ,also some receipts...

>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>


anyway,

we,me and the lawyer did add the supp A form i-485 to give it a shot to see what will happen,and we did go to the interview on july 6-2011 ,and the officer went into all papers ,but at the end ,he told my lawyer if he can sent some extra evidence that there where some similar cases like this one with the date posted after april 30-2001,
so he did send the evidence the next day,and the officer got it,the other day (overnight delivery) ,but now i dont know for sure ,if he reviewed or not ,because i have track it the envelope and after signing for it,within 1 hour ,the online case went to decision "denial" so now on that letter that come home,it was sign by a different officer,so right now i am lost ,,i dont even know if he read it or,they went by whatever papers they had in file...

and in the letter i received from them ,saying why they give me the denial it looks like because of the dates, applied after april 30-2001,,and they dont want to go by first date applied before april 30-2001!

here is a screen from the all pages but page 3 say about the dates...problem...:
page1
http://i1140.photobucket.com/albums/n579/bosanci30/MIXT/page1-decision-july9-11.jpg

page 2
http://i1140.photobucket.com/albums/n579/bosanci30/MIXT/page2-decision-july9-11.jpg
page-3
page3-decision-july9-11.jpg





so anyone can give me some advice what should i do next?
11 years here,almost
2 kids,here (divorced)
mother,father,all sister and brothers here with green cards and citizen ,and last one was my mom who come last,and she sold everything back home,so if this people
will try to deport me ,i dont have no where to go and stay,as all my family is here...

please any advice will be appreciate!!!!
 
Last edited by a moderator:
hello,
I am sorry to hear your story. I was in the similar situation before.
If I remember correctly about 245i is that, in order to adjust your case in the States, you have to come in legally! That means going thru an inspection with a visa.
USCIS will never notify you about the visa availability when you are in the States, it is your lawyer's job or you have to check the visa bulletin every month yourself.
Finally, if somehow USCIS overlook your illegal entry, you can show them your initial Fedex Tracking number from March 2001.
 
yes,it looks ,like they dont care if i applied the first time before april 30-2001,because they say that because the papers where returned and then refilled with new date of june 2001,
but they need to give a chance to people that was here and attempted and applied before the april 30!,

right now i am waiting on my lawyer to see what action or route should we take,
i dont want to wait in till i get a deportation letter ,and plus if they want me deported ,where will i go?
as there is now one back home as everything was sold and all my family is here...

thank you,
 
@Jackolantern , or others with some experience in this forum,

can you guys give me some advice,what should i do next,or what to expect coming from uscis next...

thank you ,very much for your advice...
 
i know that they will stick to their law,i understand that.

the problem is now,just in case if they send letter for deportation ,where exactly will i go as all my family is here,and i dont have anything back home,as everything was sold by my mom,because she was the last one to come here.

and what should i do next with this denial? re appeal or maybe a court day ,maybe a judge will grant to stay? 2 kids here also.. (but divorced)

thank you.
 
Last edited by a moderator:
Did you mail by Fedex before April 30, 2001?
If you did, show them your tracking number and Fedex receipt.
I know a friend who did that and the officer took it as an evidence.
However, I don't think filing date is your biggest problem. Your biggest problem will be your illegal entry.
 
abba114 said:
Did you mail by Fedex before April 30, 2001?
If you did, show them your tracking number and Fedex receipt.
I know a friend who did that and the officer took it as an evidence.
However, I don't think filing date is your biggest problem. Your biggest problem will be your illegal entry.
Click to expand...
it was sent by express mail (usps),before april 30-2001
but it was sent back by ins because the lawyer put the check for 120$ instead of $110.
so we had to re send.
and yes i still have a copy of that receipt(usps nr)
yes they can take as evidence,but under their law,they say that if i have applied and it passed the date after april 30-2001,then i am not eligible for 245i.
they need to re consider that i have applied ,but it was a fee mistake.

i have not a clue,what will happen next,or what should i do,
i also waiting for my lawyer to tell me what will be best to do next,anyway they did the mistake by sending the wrong fee in the first place.
oh,brother...life is getting harder and harder..
 
That sucks man. Some of these lawyers do not earn their fee. The very reason why they are paid are to prevent such unprofessional mistakes. I wish you the best man!
 
ya,i know ..this is life...
well back then i remember that his assistant did all the papers and maybe she was the one sending out the papers to ins,with the wrong fee.,normally ,the lawyer must check all papers before sending to ins,so i guess are both fault.
so now because a little mistake can affect someones papers so much...

now i am waiting on him today,to call me to see what route he will take,
as he has to fix his office mistake,but don't know now how will he fix this,as maybe in court in front of a judge ,maybe there if he has a good argument ,about the dates,my kids,and also because all my family is here,maybe there is a maybe chance of approval..but who knows...

thanks,
 
is,ok,friend...

my lawyer is considering in doing "motions to reconsider" ,and i dont know what will that be ,he said something about $585 the fee,
and there are a lot of forms with that fee on uscis site,
will wait for his call,

other question,
is it worth it to get other lawyer onboard?

anyone had any experience with this lawyer? : Carl Shusterman (his site here)
or maybe is just a waste of money,

somehow i need to make a case that i dont have where to go,as all my family is here (mom,dad,brother and sister) also my kids,and plus evidence is here that i was here,maybe they will understand.


i also heard that from the date of denial within 30 days a letter will come with the deportation!, is that right?

thank you.
 
bosanci30 said:
is,ok,friend...

my lawyer is considering in doing "motions to reconsider" ,and i dont know what will that be ,he said something about $585 the fee,
and there are a lot of forms with that fee on uscis site,
will wait for his call,

other question,
is it worth it to get other lawyer onboard?

anyone had any experience with this lawyer? : Carl Shusterman (his site here)
or maybe is just a waste of money,

somehow i need to make a case that i dont have where to go,as all my family is here (mom,dad,brother and sister) also my kids,and plus evidence is here that i was here,maybe they will understand.


i also heard that from the date of denial within 30 days a letter will come with the deportation!, is that right?

thank you.
Click to expand...

A Motion to Reconsider must show that the decision was legally wrong based on the evidence previously presented and be supported by legal precedent and argument.

A Motion to Reopen is based on new evidence.

The Fee to file that Motion is $630, it is sad when a lawyer doesn't even know that much.
 
thank you bigjoe5,for the advice, (i-290b)

well he knows what he knows, mistake is done,

now somehow i need to fight to stay here,and i need to do something before ,they will send that nasty deportation letter.

thats why i am trying to figure out whats is the best way to go,in my case.

thank you.
 
Get your lawyer to explain any possibility of qualifying under INA 240A

8 USC Sec. 1229b

(b) Cancellation of removal and adjustment of status for certain
nonpermanent residents

(1) In general

The Attorney General may cancel removal of, and adjust to the
status of an alien lawfully admitted for permanent residence, an
alien who is inadmissible or deportable from the United States if
the alien--
(A) has been physically present in the United States for a
continuous period of not less than 10 years immediately
preceding the date of such application;
(B) has been a person of good moral character during such
period;
(C) has not been convicted of an offense under section
1182(a)(2), 1227(a)(2), or 1227(a)(3) of this title, subject to
paragraph (5); and
(D) establishes that removal would result in exceptional and
extremely unusual hardship to the alien's spouse, parent, or
child, who is a citizen of the United States or an alien
lawfully admitted for permanent residence.
 
yes,i will let him know,about this good info.

quick question: how do i find out the "Attorney General" address ,i want to make a letter ,about the case ,and send it out to him,
sorry i dont know much about this ,every state has their own "Attorney General"? or it must be done to a federal Attorney General?

thanks,for that advice!
 
well,i am not saying that my lawyer does not have experience!,
it was a mistake in the fee made.

- he was associate with other lawyers till 1994 and after 1994 he open his own law firm (immigration firm)
i don't know if you guys heard ,back in 1994 he sue the immigration ,because any illegal immigrants that come to usa illegally their where deported right away,with out any option giving to at least apply.
so he won ,and now all illegal that comes without inspection ,they have a chance to go in front of a judge before deporting them,
my brother come in 1994 with a ship without inspection and our lawyer got him the i-94 and now he is a citizen,(he was locked up for 6 months,till they let him out,the ins)
so i think he is a good lawyer,but mistakes do happen,

but me i try to get more info from any source ,i dont want to lay on the lawyer only...

anyway,
so i guess he is the boss:

Eric H. Holder, Jr.
Attorney General of the United States

i have to find out where to send my letter,address, because it does not hurt,so people to know my situation.

thank you,
 
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