need4assistance
New Member
We have an I-130 and I-485 pending since January, 1999 and a marriage of almost nine years (my wife is a citizen). On May, 2003, we had our "final interview" and our lawyer indicated that all went well. That same month my wife move to Florida to take care of my mother-in-law who had cancer. We never heard from INS until May, 2005 issuing a Notice to Intent to Deny (NOID) alleging my wife and I never lived together and we were residing in different states, and asking to respond and refute. We hired a new lawyer, who responded to the NOID within the allotted time with a 11/2 inches packaged weighting 3 pounds. Six month later, in December 2005, we received a letter denying our petition I-130 citing we had failed to respond to NOID. Our lawyer said not to worry all he needed to do was to resubmit all the documentation, with the FEDEX receipt with the signature of who received the package in CIS, and a motion to reopen and reconsider due to SERVICE error. After inquiring about our case for over a year, we never heard about our motion to reopen or reconsideration of our case. Two weeks ago, I received a letter denying my I-485 terminating my employment authorization and putting me in removal procedures. After reviewing my four inch file, I discovered that the CIS issued the NOID with a completely different A# to the one I have used for 8 years. My new lawyer never verified my number before he sent the documentation the first time and based the response only on the NOID. The second letter denying the 1-130 petition citing failure to respond had, then, my correct A#, unfortunately, my lawyer did not realized that the first letter had a different number from the second letter and resubmitted all documentation again with the wrong number. All what our lawyer had to say was that he already informed CIS of the incorrect A# and nothing else. This has taken a toll in our marriage, emotionally and financially. Please help!