Help My immigration officer is stalling my case

F

frooky

New Member
I am married to a US citizen since nov 2005, i arrived in JFK on nov 5 2002 and got a visa for 6 months, when the time was up i applied for an extention B2 and recieved one until nov 5 2003. When in NY my passport was stolen from my apartment by which time i was past my extenstion so i never filed a police report out of fear of being discovered.
I started the process for i-485/I-130/I-765 in jan 2006 and manged to get an SS and a drivers lisence as well as working papers for 3 months. My interview was july 2006 and thats when all hell broke loose. My officer started bringing up files from 1982 in which i was only 12 yrs old saying my family was in some process of removal. I know that was sorted out because i left for vacation in 1984 and came back with no issues in fact my dad recieved his permanent residence last year thru marriage with no complaint about 1982. They looked up my B2 and couldnt find proof of legal entry though how can i get an extension if i didnt enter legally. So now they froze my process and working paper renewel untill i prove legal entry (even though i filed for an I-102) and untill i solve the 1982 issue.
I feel the officer is being unreasonablly hostile and is bringing up issues when i was a minor and 25 yrs ago. What can i do please help me.
 
frooky said:
They looked up my B2 and couldnt find proof of legal entry though how can i get an extension if i didnt enter legally. .
Click to expand...
Did you get I-94 through I-102 ? And what are they asking for 1982 issue ?
 
Last edited by a moderator:
i was waiting for the replacement I-94 and when i checked online status it said everything is suspended until i give them more info as stated in a letter i havent gotten which they say they mailed on nov 15. If they suspend my I-102 how can i prove legal entry besides if i got an extension on may 5 2003 doesnt it proove i was legally there a half a year earlier hence the extension. They say in 1982 my family was supposed to go for a hearing and we never showed up, i was 12 yrs old on my moms pasport with no knowledge of whats going on and it was 25 yrs ago isnt there a time limit for these things anyway?
 
frooky said:
i was waiting for the replacement I-94 and when i checked online status it said everything is suspended until i give them more info as stated in a letter i havent gotten which they say they mailed on nov 15. If they suspend my I-102 how can i prove legal entry besides if i got an extension on may 5 2003 doesnt it proove i was legally there a half a year earlier hence the extension. They say in 1982 my family was supposed to go for a hearing and we never showed up, i was 12 yrs old on my moms pasport with no knowledge of whats going on and it was 25 yrs ago isnt there a time limit for these things anyway?
Click to expand...

You have some options here, but they are too complex to discuss on a NG. Consult with a competent immigration attorney in your area.
Best wishes.
 
Since to file for extension you just need photocopies of your paperwork, at the interview you supposed to have all your originals. They can check out whatever thing the officer may think is suspicious in his/her mind and since you don't have your original passport nor your original I-94. No govermental institution think in the way that "if you have X it is because you passed the Y test". They can go back to see how you get it and take forever.

As the other post suggested, the best thing is to contact an immigration lawyer.

Good luck,
 
First allow me to begin by thanking you all for your help. My lawyer says we should reopen the case from 1982 and then close it for a $450 lawyers fee ofcourse. My question is if i was a 12 yr old at the time and it was 25 yrs ago is the officers claim even legal or valid i mean why pay to do something thats not needed. Another option i'm thinking of is going over the officers head to his supervisor if my claims are right this guy is a handicapped man who seems bitter i mean at the interview he asked me 2 questions about my marriage and didnt bother looking at our photo album. Instead he started bringing up old cases from 1982 and 1996 for which i was in europe and in no way involved with anything relating to the USA. My lawyer says he makes everyone he interviews go thru hell as oppsed to other officers.
 
There was a woman in San Francisco who already became US citizen in 1950s got deported recently due to misrepresentation of her original visa form.
I don't think there is time limit.

Better to follow what lawyer says.
 
GotPR? said:
There was a woman in San Francisco who already became US citizen in 1950s got deported recently due to misrepresentation of her original visa form.
I don't think there is time limit.

Better to follow what lawyer says.
Click to expand...
plz give us more infor on the woman who got deported, is there a link or website for that article?
 
It was an article on San Jose Mercury News a few months ago.
She was a German working at Nazi camp in wartime, but she did not disclose it when she came to the US. She married to Jewish man in the US and became the US citizen in late 1950s.
Then, in this July or Aug, almost half a century later, immigration authority found it out and she got deported.

OK,I found it at San Fran Chronicle site.
Sorry, I had misundertanding. She has never applied for USC, but been LPR.
http://www.sfgate.com/cgi-bin/artic...NGNDL90B71.DTL&hw=Nazi+deported&sn=003&sc=350


My point is not deportation part, but is immigration authority may go back very deep if necessary as OP asked whether there is time limit.
 
Last edited by a moderator:
GotPR? said:
There was a woman in San Francisco who already became US citizen in 1950s got deported recently due to misrepresentation of her original visa form.
I don't think there is time limit.

Better to follow what lawyer says.
Click to expand...

This woman was not a USC. While it is possible to denaturalize someone, it is not easy and takes a lot of time. Since she was only a GC holder, it was relatively easy.
 
GotPR? said:
It was an article on San Jose Mercury News a few months ago.
She was a German working at Nazi camp in wartime, but she did not disclose it when she came to the US. She married to Jewish man in the US and became the US citizen in late 1950s.
Then, in this July or Aug, almost half a century later, immigration authority found it out and she got deported.

OK,I found it at San Fran Chronicle site.
Sorry, I had misundertanding. She has never applied for USC, but been LPR.
http://www.sfgate.com/cgi-bin/artic...NGNDL90B71.DTL&hw=Nazi+deported&sn=003&sc=350


My point is not deportation part, but is immigration authority may go back very deep if necessary as OP asked whether there is time limit.
Click to expand...

My apologies ---- I saw you already corrected yourself about her GC status.
 
So can they deport me or stall my process based on something 25 yrs ago of which i had no control or knowledge being 11 yrs old at the time???
 
frooky said:
So can they deport me or stall my process based on something 25 yrs ago of which i had no control or knowledge being 11 yrs old at the time???
Click to expand...

Your question is a good one for a law school examination --- it is not something that can be answered definitively on a NG. As I have said before, you have options, but see a competent immigration attorney.
Best wishes.
 
You must log in or register to reply here.
Top