Hi All,
My I-485 based on marriage was denied because in passport said that I'm subject to 2 years HRR. It was my mistake at first since I thought that marrying to a citizen would take care of that....(beleive it or not..one of the 1-800 customer service gave me that false info). In the denial letter, nothing mention about how to appeal or file a motion to reopen. I called 1-800 customer service back (they are not so nice as usual) and they told me that I just have to leave the country and if I am subject for 2 years HRR, I have no way to fight back.
But here is where I stand....I hire a lawyer to help me...but he is not that great. Anyway, he filed a request to have an advisory opinion to find out whether I'm reall subject to 2 years HRR. The reason doing that is because....my J-1 that I came through was au pair program (nanny). Au pair do not get fund from government nor being on the skill list. And the funny part is that among other au pair friends that I have, I'm one of the very few people that got subject to this 2 years rule. Being said we then beleive that it was an error at first that I'm subject to 2 years HRR.
And here is where I get more nervous....
(To all let's say that I get the result from advisory opinion saying that I'm not subject for 2 years rule.)
1. Since I have to file motion to reopen, within 30 days of the denial, I'm afraid that the adviosry opinion would not come back just within that time frame. ..although one of the lawyers that I talk to said that I might still have a chance to file it after 30 days and get it approved IF the CIS is nice to me. Is it true that I can still do that? What is the chance?
2. can I re apply for I-485 in the U.S. even though I'm out of status now? (the only thing that make me out of status is because the previous I-485 wasdenied and it was on Feb 28, 2006) Do I have to pay $1000 penalty fee? Can I use old document from the original one that I filed on Dec 03 (i.e. physical exam, fingerprint, etc)?...or do I have to do all those again?
3. I have some family business to do in my home country and somehow I do have a plan to leave the country for a while anyway (I prefer to leave as soon as possible but it happen that my I-485 got denied..so now I'm stuck.) DO you suggest that I go and reapply everything in my home country or should I get everything done here before I leave? What would be easier?
Thank you so much for your help. I would greatly appreciate it.
My I-485 based on marriage was denied because in passport said that I'm subject to 2 years HRR. It was my mistake at first since I thought that marrying to a citizen would take care of that....(beleive it or not..one of the 1-800 customer service gave me that false info). In the denial letter, nothing mention about how to appeal or file a motion to reopen. I called 1-800 customer service back (they are not so nice as usual) and they told me that I just have to leave the country and if I am subject for 2 years HRR, I have no way to fight back.
But here is where I stand....I hire a lawyer to help me...but he is not that great. Anyway, he filed a request to have an advisory opinion to find out whether I'm reall subject to 2 years HRR. The reason doing that is because....my J-1 that I came through was au pair program (nanny). Au pair do not get fund from government nor being on the skill list. And the funny part is that among other au pair friends that I have, I'm one of the very few people that got subject to this 2 years rule. Being said we then beleive that it was an error at first that I'm subject to 2 years HRR.
And here is where I get more nervous....
(To all let's say that I get the result from advisory opinion saying that I'm not subject for 2 years rule.)
1. Since I have to file motion to reopen, within 30 days of the denial, I'm afraid that the adviosry opinion would not come back just within that time frame. ..although one of the lawyers that I talk to said that I might still have a chance to file it after 30 days and get it approved IF the CIS is nice to me. Is it true that I can still do that? What is the chance?
2. can I re apply for I-485 in the U.S. even though I'm out of status now? (the only thing that make me out of status is because the previous I-485 wasdenied and it was on Feb 28, 2006) Do I have to pay $1000 penalty fee? Can I use old document from the original one that I filed on Dec 03 (i.e. physical exam, fingerprint, etc)?...or do I have to do all those again?
3. I have some family business to do in my home country and somehow I do have a plan to leave the country for a while anyway (I prefer to leave as soon as possible but it happen that my I-485 got denied..so now I'm stuck.) DO you suggest that I go and reapply everything in my home country or should I get everything done here before I leave? What would be easier?
Thank you so much for your help. I would greatly appreciate it.