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DV 2011 AOS Only

Hi NuvF
So still lawyer can do something.what about if I withdraw my current case,then is it possible?and what about to file a motion.does it help?
I have an appointment with my lawyer tomorrow.
NuvF said:
Due to no lawful 'status' USCIS do not have JURISDICTION to handle your application.
Imm. Ct. has the sole authority since you are on removal proceedings. It has the authority to review and approve/deny an i-485 OR, terminate the proceedings and give back USCIS the jurisdiction. Former is more common I think.

A competent lawyer (had you cared to consult one) could have handled your DV i-485 differently. Try talk to one at least now.

Best!
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A somehow funny thing happened today. I got a text message that my husband's work authorization was aproved and the card ordered, 2 months after we already got our Green Cards :)
 
Hi Msodiqus7,

Sorry to hear about this, but as NuvF mentioned for a case that's complex like yours a lawyer would have been a good way to go - of course they can be expensive.
I have had phone consultations wth the Murthy law firm (Sheela Murthy is rated the number 1 immigration attorney in the US gives excellent and matter-of-fact advice) and have consulted with JP Larson and associates in Minneapolis (Jeff Larson is very knowlegeable and reasonable in his rates) - but who ever you get make sure it's someone GOOD! There are many with AILA certifications who know next to nothing. Move swiftly though, there is no time to waste.

Wish you the best, no matter what the final outcome - you'll be fine.

Msodiqus7 said:
Hi everyone,its 1am in the morning,i am gonna post the letter,which I received today.the letter says:
Form I-291(Rev.4/1/97)N
1st page: Upon consideration,it is ordered that your application for status as a lawful permanent resident be denied for the following reasons:
See enclosed attachment
If you fail to depart from the US,proceedings will be instituted to enforce your departure.You may renew your application for permanent resident during such proceedings.

2nd page: Attachment to I-291
Section 245 of the Immigration and Nationality Act states part:
"The status of an alien who was inspected and admitted into the US may be adjusted by the Attorney General,in his discretion and under such regulations as he may prescribe,to that of an alien lawfully admitted for permanent resident if (1) the alien makes an application for such adjustment,(2) the alien is eligible to receive an immigrant visa and is admissible to the US for permanent residence,(3) an immigrant visa is immediately available to him at the time his application is filed."

Your application for status as a permanent resident was filed on October 26,2010.You were admitted to the US on April 20,2004 as a J-1 for duration of status.A copy of Form DS-2019(formerly IAP-66) shows the period you were authorized to remain in the US as a Trainee (specialty) in Hospitality Administration from May 1,2004 until October 31,2005.
On November 25,2005, USCIS received an application for asylum and for withholding of removal that was filed by you.
Title Eight Code of Federal Regulations 214.2(j)(1)(ii) states Admission Period.(emphasis added) An exchange alien, and J-2 spouse and children,may be admitted for a period up to 30 days before the report date or start of the approved program listed on Form DS-2019.The initial admission of an exchange visitor,spouse and children may not exceed the period specified on Form DS-2019,plus a period of 30 days for the purposes of travel or for the period designated by the Commissioner as provided in paragraph (j)(1)(vi) of the Section.
According to Form DS-2019,the period authorized was May 1,2004 to October 31,2005.Pursuant to Title Eight Code of Federal Regulations 214.2(j)(1)(ii) you were allowed 30 days for the purpose of travel or for the period designated by the Commissioner.
On December 1,2005 you were not in lawful status in the US.The filing of Form I-589,application for asylum and withholding of removal on November 25,2005, Counts for lawful presence,but not lawful status.
Therefore,on October 26,2010,the date you file Form I-485,AOS,you were ineligible to receive an immigrant visa and inadmissible to the United States for permanent residence.

Accordingly,the application is Denied.

This decision may not be appealed.You may file a motion to reconsider within 30 days of this decision.
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Status Update

For a long time I am not regular in this forum as my office, commute and baby is taking all of my time. Congratulations to them who have received GC and wish good luck for rest of you. Feel really very sorry for Msodiqus7 and I do agree with NuvF. NuvF thanks a lot ... you are still here to help us :) You guys are so good.

My wife just called me and saying we have received out interview letter and the interview is scheduled on 03/30/2011.

@umuteren/R2010: My field office is Mount Laurel. Hope you guys will also get your interview letters soon.

@Feel: don't worry you will get your Bio appointment soon.

Thanks
 
Natta, you were just lucky that the officer was not attentive to you husband's I-94 forms. Usually officers are very strict about that. My officer looked through each of them to see if the dates matched my legal status during all my stay here. Its better not to risk and be in the status the moment you are applying for AOS. But if it happens that, like in your situation, the visa got denied, it's better not to mention it at all at the interview. You were really very lucky they didnt notice the denial. I am very happy for you!!
 
Basically if we dont count the B2 Visa, when we send our AOS package, my husband was in his "grace" period, as after the J1 visa expires, there is a 30 days grace period in which you have to either leave the country or get another visa. So by the time the grace period ended we were already pending under AOS. On the I-94 there is no date, it only says "duration of status"
antin said:
Natta, you were just lucky that the officer was not attentive to you husband's I-94 forms. Usually officers are very strict about that. My officer looked through each of them to see if the dates matched my legal status during all my stay here. Its better not to risk and be in the status the moment you are applying for AOS. But if it happens that, like in your situation, the visa got denied, it's better not to mention it at all at the interview. You were really very lucky they didnt notice the denial. I am very happy for you!!
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I don't know what to say, as I understand what you feel as I have friends and familly that are under asylum here in US as well and I know how hard can it be and very risky. about withdrawing the case, I dont think you can do that as it is already denied and you can withdraw it anymore, but definetely get a lawyer and start moving fast and do something. Good luck and we are all praying for you so it ends well.

Msodiqus7 said:
Hi NuvF
So still lawyer can do something.what about if I withdraw my current case,then is it possible?and what about to file a motion.does it help?
I have an appointment with my lawyer tomorrow.
Click to expand...
 
Msodiqus7 said:
Hi NuvF
So still lawyer can do something.what about if I withdraw my current case,then is it possible?and what about to file a motion.does it help?
I have an appointment with my lawyer tomorrow.
Click to expand...

Pal, listen.....I have no idea about what they can do, but my gut feeling says they (a GOOD one) MAY be able to do something!!

My frustration is that you seems to have NO idea about where you're heading, 'cos if you had the least of an idea you would not have had wasted all your time in this DV forum but freaking out loud in a forum like 'how to file an i-485 while on rem proc.', that would have been your lifeline!
I mentioned that forum before did you chk it out? (just go there and ppl will be talking about i-131, i-140 etc. and you just substitute your DV winner letter to that, that's all, then get advise how to move fwd) Ppl who know about IC proceedings and IC rulings will tell you whether you got any chance. tell them about your IC story NOT the DV story!

Also did you write to that Ltj (or similar name guy) who said his case is similar to you and who offered to help you??

I hope you will do something to proceed fwd without just waiting, 'cos no one but YOU need know better and to take chg and move fwd. You still got plenty of time if you want to.

Honestly, I wish you the Best!!
 
@Msodiqus7: Completely agree with the members in the forum...Do not hesitate to hire a competent lawyer, if you have the resources, try to get the best one, in the immigration practice. You can call to AILA and ask: http://www.aila.org/

I recommend you 3 issues to discuss with the lawyer:
1. To ask about the chances to get the permanent resident through a Motion to Reopen application in cases like yours (+ and -)
2. To ask about record of cases like yours, which can be found at the AILA (American Immigration Lawyers Association). They provide a software to research every complicated cases. The lawyer should be member of.
3. To ask about the International Agreement of Asylum that your country signed with United States, to know all your rights and obligations for you and USA...You could try to find the agreement and bring it to the lawyer...There's no bad idea also contact a Lawyer with International Right practice...if the agreement is not easy to understand.

All the best, and don't give up! If you win the lottery two times...
 
Hi Guys,

We will be in Houston next 2 weeks based on H1B visa( Actually It took long time for us to do FBI check name but finally we have got our visa).

I have following question, I appreciate if you guys can help me.

1- We have sent our DSP 122 and DSP 230 and bar code to kcc ( based on our address in UK), we did not received second letter yet, I think as soon as we arrive to Houston then we need to call KCC to let them know that we are going to do AOS? is that correct? or I need to call USCIS? who is sending 2th letter?

2- We will stay in a hotel for a month until we find our place to live, Is that OK to use my company address for medical examination and filling application forms and change my address later, does it cause any difficulties for us, for example not receiving our biometric or interview letter, do they accept company address at all?

3- I do not have any information about my medical, do you guys know is it cause any problem to delay medical examination? and how long medical examination will take to finish?

many thanks
 
Hello Guys,
So finally some update on my case, I recieved Interview letter for Mar 16. I did have a question: the appointment letter mentions along with birth certificate, ID and other docs:
· Documentary evidence of A high school education or its equivalent
· Employers affidavit attesting that you within the past five years, have at least Two years of work experience in an occupation requiring at least two years' training or experience.

According to rules of DV VIsa, we had to qualify jsut one of the above. But my letter states, that i need to bring both letters. Did anyone for similar letter where they need to get both letters.

I possess a Masters Degree (Engineering) from US and work as an engineer here. My High school document is in from india (in English). Do i need to get a proof that it is equivalent to US high School diploma.

Thanks
 
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@Enviro: Don't understand why do you think they are asking for both (work experience and high school) if you posted an "or" between them... referring to the letter you received!
You should bring the original document of the one you send within the AOS package...I assume was the High School Diploma...

At the same time, if you have a degree/master here in US, is because your school already validated it, isn't?
Maybe can be useful, to get a letter from your school (International Office Services), saying you have been enrolled in a degree/master program, and as a requirement without exceptions, you had to prove you complete the high school level, and they prove that. Mine, did that, just in case, because in my country, there are 2 formats of High School Diploma and nobody could answer the question of what use for AOS purposes...

Good Luck!
 
my mistake, now I corrected the "or" in my post above, on my appointment letter there is no "or" .

There is a check mark against both these documents.
 
Aja...so that's really strange...Probably the made a mistake....because the rules are clear on that way...So now you have some choices:
1. Ask for the work experience letter (if you can get it), maybe it's something wrong with your High School Diploma *, so you have an extra backup to still qualify
2. Print the document of Instructions for the lottery 2011 (Page 2 requirements for entry) where the OR is clear...http://travel.state.gov/pdf/DV-2011instructions.pdf
3. As I 485 evidence support is also clear the OR http://www.uscis.gov/portal/site/us...nnel=2df93a4107083210VgnVCM100000082ca60aRCRD
4. Also in this link of Travel State, it's clear the rule: http://www.travel.state.gov/visa/visa_4756.html

*Shouldn't be wrong if you are enrolled in a Master Program here and the school accepted it...
What other forum's member think?
 
Thanx Celinita,

I did take print out of the guidelines you sent me. My attorney at the time of submiiting my AOS Package never submitted the High School Certificate. My Bachelors and Masters Degree were instead submitted. May be that case. I will take my original High School Certifcaites if that is what they are asking and cheking for.

I will try to get a emloyment letter from my employer so that I have a back up. As I am on H1 B visa, skilled worker category, I already fulfill the requiremnts of Emplyment.
 
Hi All, the timeline spreadsheet has been stale for a while. Why don't those of us who've made some progress recently go ahead and update it please

https: slash slash spreadsheets.google.com/a/google.com/ccc?key=0AiIES8k5SLbQdE9RLWxpX1pDa1FneS16cUs4ODFZSUE&hl=en#gid=0
 
To voxx:

I have sent my package the same day as you, Feb 23rd. It is interesesting that I havent recieved anything yet!
 
Hey guys,

I have just received a "request of evidence" letter from my FO. They are asking for the original of one of my letters from KCC. I do have it so I'm not worried about that but has anyone every been requested originals before? Is it a good/bad thing? Does that mean that my FO will give me an interview date once they've received it?

2011EU15xxx
AOS package sent 02/01
Received 02/03
NOA received 02/09
Biometric letter received 02/09 (for 02/25)
walk in biometric 02/16
request of evidence received 03/04
 
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