Green Card Denied... What now?!

K

Kenny_R

Registered Users (C)
Good Evening,
Let me start by explaining... My family went to the US in 1999 with the Visitor's Visa, applied for the Green Card in 2000, and waited for it until 2009.... In between, I had left the country twice with the (2x) 1-year authorization while the process was still pendent.

Happens that the Green Card was denied in the beginning of 2010, while I was waiting for it in my home country.

My question is:

How much time do I have to wait to apply for a F-1 Student Visa, or any other Visa?!
(and/or)
Is there a certain period that I have to stay away from the US after the Green Card is denied?!

I appreciate any answer/comment.
 
What is the reason for denial? What family category were you applying under? Were you the primary or derivative beneficiary?
 
Actually, I dont know the reason for the denial, since everything was supposably done correctly (and I still dont have access to the denial mail received from the USCIS). My father's last attorney says it was some other attorney's fault. I was a derivative befeciciary.
Anyways, turns out I put my Issue in the wrong Sub-forum since its related to the I-140 form. I'll post it there if this thread needs to be deleted.
 
Kenny_R said:
My question is:

How much time do I have to wait to apply for a F-1 Student Visa, or any other Visa?!
(and/or)
Is there a certain period that I have to stay away from the US after the Green Card is denied?!

I appreciate any answer/comment.
Click to expand...



If I were in your position, I wouldn't even think about applying for a visa at the US Consulate, because you are a hot commodity. US Consulate is going to deny it solely because your family just got their immigrant visa petition denied. USCIS expects your family to leave the country, provided it can be proven that USCIS made an error. Couple of issues are unclear about your case.

Your family came on a visitor's visa, overstayed and applied for a green card the following year? If so, under that category did they file for the visa? Unfortunately, your chances of coming back to Uncle Sam in the interim are non-existent, because US Consulate will know that your have "clear immigration intent', deny you and give you a hot dog and chili soup...lol!!! Find out why USCIS denied your family's petition...otherwise, you are a toast...
 
The USCIS denied it because of a document error [the restaurant my dad worked for as a cook in his home country before he went to the US had only been LEGALLY opened a year after he was working]. The case was based on the I-140 form (alien worker).
 
Al Southner said:
If I were in your position, I wouldn't even think about applying for a visa at the US Consulate, because you are a hot commodity. US Consulate is going to deny it solely because your family just got their immigrant visa petition denied. USCIS expects your family to leave the country, provided it can be proven that USCIS made an error. Couple of issues are unclear about your case.

Your family came on a visitor's visa, overstayed and applied for a green card the following year? If so, under that category did they file for the visa? Unfortunately, your chances of coming back to Uncle Sam in the interim are non-existent, because US Consulate will know that your have "clear immigration intent', deny you and give you a hot dog and chili soup...lol!!! Find out why USCIS denied your family's petition...otherwise, you are a toast...
Click to expand...

My father had applied for the Green Card when I was only 8 (Im over 18 now)... That being, I was unconcious of the process and was only a "derivative" beneficiary. Would that really ruin any future plans on trying a Student Visa?!
 
Kenny_R said:
My father had applied for the Green Card when I was only 8 (Im over 18 now)... That being, I was unconcious of the process and was only a "derivative" beneficiary. Would that really ruin any future plans on trying a Student Visa?!
Click to expand...


You can try to apply for a student visa, but you have a higher burden of proof to US officials because they will know that your family is currently in the US currently, and your will smell "immigrant" in their eyes. I doubt that they will see the nobility in your student visa request, but more in the line of you wanting to reunite with your family who are currently in the US. You will have to apply for a student visa if you have an admission letter from the college of your choice, have you taken the SAT and applied for college? The Fall semester just started, should I assume you will request a student visa for the Spring 2011? Obtaining a student visa won't be meat and potatoes as I read in some English literature, it will require strong financial footing to cover the costs of your tuition and living expense, which you will need to demonstrate at the time of visa application.
 
Kenny_R said:
The USCIS denied it because of a document error [the restaurant my dad worked for as a cook in his home country before he went to the US had only been LEGALLY opened a year after he was working]. The case was based on the I-140 form (alien worker).
Click to expand...

It appears as if your father didn't meet the qualifications for I-140 as required. Do you know which category under the I-140 was his petition submitted? Once again, who sponsored him for the I-140? In reading the form and what is requires, there are numerous requirements to the form and who can file it. Without knowing all the facts, I suspect that USCIS determined that he didn't possess the necessary skills to be eligible for a green card.
 
Instead of applying for a nonimmigrant visa have you considered applying for an immigrant visa by yourself through an I-140 based sponsorship as a last resort before leaving the US per USCIS orders?
 
praxx said:
Instead of applying for a nonimmigrant visa have you considered applying for an immigrant visa by yourself through an I-140 based sponsorship as a last resort before leaving the US per USCIS orders?
Click to expand...

On what basis would the OP apply for an I-140? He's just 18 years of age, lack any formal qualifications to be deemed worthy of an immigrant petition in the US. Unless you have some information which I don't have, in which case will be helpful in educating me on this issue.

The OP case is dead in the water because of a shocker his family just got from USCIS. Worst of all, he is stuck outside the US, usually such blows are best taken when you are inland with family. For now, he won't be able to travel back to Uncle Sam as he has no visa standing.
 
Al Southner said:
You can try to apply for a student visa, but you have a higher burden of proof to US officials because they will know that your family is currently in the US currently, and your will smell "immigrant" in their eyes. I doubt that they will see the nobility in your student visa request, but more in the line of you wanting to reunite with your family who are currently in the US. You will have to apply for a student visa if you have an admission letter from the college of your choice, have you taken the SAT and applied for college? The Fall semester just started, should I assume you will request a student visa for the Spring 2011? Obtaining a student visa won't be meat and potatoes as I read in some English literature, it will require strong financial footing to cover the costs of your tuition and living expense, which you will need to demonstrate at the time of visa application.
Click to expand...

The I-140 was an EB-3 petition.
I understand, but actually... My whole family is out of the country. The only one with plans on coming back to the US is me. I'll be on college this next year doing International Relations (obviously, in my home country), but after the 4 years of college (or in between, if it was possible)... I would try the Student Visa.

Resuming: Since my "future" profession has to do with traveling, I am worried about the wait time to try another Visa.

Im sorry for the lack of details, it's that I dont have the USCIS letters in hand.
 
praxx said:
Instead of applying for a nonimmigrant visa have you considered applying for an immigrant visa by yourself through an I-140 based sponsorship as a last resort before leaving the US per USCIS orders?
Click to expand...

From the detais I've posted just now, you've probably understood a bit more of it... Thanks anyways.
 
Were you in the US at any time after turning 18? Are you from a visa waiver country?
 
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Kenny_R said:
From the detais I've posted just now, you've probably understood a bit more of it... Thanks anyways.
Click to expand...

Yes now I understand everything completely. My suggestion is to find out why your farther's appliction was denied and try to see if that decision can be reversed. That's the first step anyway. Maybe it's something that can be appealed? You need to find out.
 
Jackolantern said:
Were you in the US at any time after turning 18? Are you from a visa waiver country?
Click to expand...

I left the US in 2008, when I was 16.. And no, I'm from Brazil.
Do you think the fact that I left before turning 18 makes any difference? I hope so.


If there is a 5-year or 10-year ban from the US, would that be starting from when I left the United States, or from when my dad's Green Card was denied?!
 
praxx said:
Yes now I understand everything completely. My suggestion is to find out why your farther's appliction was denied and try to see if that decision can be reversed. That's the first step anyway. Maybe it's something that can be appealed? You need to find out.
Click to expand...

Praxx, my father went to another attorney and was told that there were no more ways of appealing (and if there were, It'd be a waste of time and money on other attorneys) so my dad gave up. Anyways, like I've said, the only reason I'm trying to figure out about the time I'll have to wait to try another Visa is because I plan on visiting or studying in some near-distant future.
 
Kenny_R said:
My father's last attorney says it was some other attorney's fault.
Click to expand...

Kenny_R said:
The USCIS denied it because of a document error [the restaurant my dad worked for as a cook in his home country before he went to the US had only been LEGALLY opened a year after he was working].
Click to expand...

Just a thought here. The first attorney should have known the requirements for I-140, and whether your dad is eligible or should file I-140.

Thinking about those 10 years and the amount of money that he wasted... Jesus... If your dad knew he were not eligible for I-140, he might have found other paths, or made better plan for you to stay in US. Or at least, you guys wouldn't have had to wait for 10 years in stress. Sorry to say, you may apply for F1 visa now if you want, but your case will be difficult, as other people explained above.

Really, lawyers' "simple mistakes" can result in terrible turns in many people's lives.
 
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