I got denied need help please

Do you believe that the USCIS would react by sending me a :


  • Total voters
    29
TheEnquirer said:
did it have any impact on the green card. did they allow u to keep the greencard. or will there be a problem when u renew it?
To be honest with you, i don't know for sure. Buy the lawyer said, worst case senario, i can reapply for citizenship after 5 years, that means that it should not hurt my status as a LPR!

sOnY
 
JohnnyCash said:
Yes. And she has already APPROVED your case. You will be receiving approval notice soon. But don't ask me how I know about this, because I won't be able to tell you this because I cannot disclose anything anyway. :)
Johnny,
I am not trying to ask about your resources, but please, maybe you can make me feel better. I don't want to get my hopes up and end up with a denial letter. I heard that the final approval should be signed by the district director, is that true?
When do you estimate their letter to reach me?
thnks

sOnY
 
Apppeal's decision

Hi there,
Does anybody have any idea about when could the USCIS or when they usually come up with a decision about an appeal?
As you know i had my appeal interview back in October 25. I don't know how long should i wait before asking about it.
Please help with what you know or what you think.

I appreciate it.

sOnY
 
sony55 said:
Hi there,
Does anybody have any idea about when could the USCIS or when they usually come up with a decision about an appeal?
As you know i had my appeal interview back in October 25. I don't know how long should i wait before asking about it.
Please help with what you know or what you think.

I appreciate it.

sOnY
Please anybody can help. Or at least can point me to where i can get help?
thanks
SoNy
 
I would guess it may be between 60 to 90 days before you hear from them. What does your attorney say?
 
sg_orl said:
I would guess it may be between 60 to 90 days before you hear from them. What does your attorney say?
I know it will sound ironic , but i haven't heard from him yet. I will post his answer as soon as i get a response from him.

Meanwhile, if anyone knows of any similar experience as mine or heard about sombody in same situation, please let me know.

SoNy
 
Reply from my lawyer

sony55 said:
I know it will sound ironic , but i haven't heard from him yet. I will post his answer as soon as i get a response from him.

Meanwhile, if anyone knows of any similar experience as mine or heard about sombody in same situation, please let me know.

SoNy
My lawyer emailed me today, and i am qouting his words :
"It is very hard to say, especially with the issue arising about suspect
denials. I would give it 6-8 weeks."

what do u think?

sOnY
 
Sonny

Your attorney is most probably right.
Please do not freak out, no use. Just try to relax or better try to prepare for worst case scenario. If (i really do not want it to happen) you get denied your case is appilable and must go to court. Try to find precedents.
Somewhare in the different tread about leaving employer after GC, a guy posted very good case that eventually has been won. PR was revoked by INS for suspected bad intent on admission and alleged fraud (both on non-immigrant visa). Remember that burden of proof would lay on goverment in your case
 
akatu said:
Your attorney is most probably right.
Please do not freak out, no use. Just try to relax or better try to prepare for worst case scenario. If (i really do not want it to happen) you get denied your case is appilable and must go to court. Try to find precedents.
Somewhare in the different tread about leaving employer after GC, a guy posted very good case that eventually has been won. PR was revoked by INS for suspected bad intent on admission and alleged fraud (both on non-immigrant visa). Remember that burden of proof would lay on goverment in your case
Akatu,
Thank you so much for your post.
Would you please link me to that thread with that guy who won the case?
Please i need that to prepare.

sOnY
 
I have question, If my case got denied after the appeal, and theoritically, i didn't go to court to appeal that denial, knowing that i have applied based on marriage and the denial letter doesn't state the period that i have to wait till i apply again for citizenship.
When would i be qualified to apply for citizenship again? after 5 years ban, or 3 years ban?

Thank you,

sOnY
 
If you did not apply that might be true that you wait like 5 years and they would not look back so far.
But now "threoretically" the denial may invoke deportation proceedings.
although I am not a lawyer and this is just a privat opinion
 
akatu said:
If you did not apply that might be true that you wait like 5 years and they would not look back so far.
But now "threoretically" the denial may invoke deportation proceedings.
although I am not a lawyer and this is just a privat opinion
Give me one good reason why would they deport me? I think they have a weak situation to deny my application from the first place. They have NO evidence of anything, they just conclude my intention. I have papers against those allegations. I will take them to court to appeal the final decision should they deny my appeal!
GOD , say something nice!

Anybody can help with my first question, would the ban be for 3 years or 5 years?

thanks

sOnY
 
I never said you will be deported
I said that denial might invoke deportation proceeding, but like I said earlyer for USCIS will be difficult to bild the case.
 
Please Help!

I have question, If my case got denied after the appeal, and theoritically, i didn't go to court to appeal that denial, knowing that i have applied based on marriage and the denial letter doesn't state the period that i have to wait till i apply again for citizenship.
When would i be qualified to apply for citizenship again? after 5 years ban, or 3 years ban?

Thank you,
 
sony55 said:
I have question, If my case got denied after the appeal, and theoritically, i didn't go to court to appeal that denial, knowing that i have applied based on marriage and the denial letter doesn't state the period that i have to wait till i apply again for citizenship.
When would i be qualified to apply for citizenship again? after 5 years ban, or 3 years ban?

Thank you,
They should give you a reason for the denial. If the reason is application incorrectly filed then you can reapply immediately after correcting the error. If you applied before 3/5 years, then you have to wait till the correct time to apply. In your case it looks like, misrepresentation/fraud will be the reason, in that case deportation usually follows and after landing in your home country you can ask the consulate to remove the bar to reapply (if there is a bar). Will there be a bar in your case?? It all depends on what USCIS thinks. I think you have made sufficient noise, if USCIS still denies your case, they will make sure that denial will stand in court. So it may be best not to pursue this further.
I have read the postings in your case. You have a valid marraige to a US citizen. This means that even if you get deported, you can come back as an LPR. Its very difficult for them to ban you long term. Thousands of mexicans come to the US illegally and get married and although they get deported, eventually they manage to reside in the US. I'm not saying you came here illegally but even if you did I do not see a reason you should be treated differently from other illegals.
Hence my suggestion is don't worry too much and stick to your marraige !
 
Sony

I thought you are an intelligent person compared to other people, but it seems that I was wrong about you. Why? Because you don’t seem to like negative answers/opinions from people who post their honest opinions about your situation as to their understandings. I mean-you should have known that this is a public forum, wherein everyone is entitled to post their opinions, bad or good. You cannot tell anyone that “this is my thread/forum”, because if you do then you would need to open your own forum. That said, you cannot stop people in giving their own opinions (bad or good).

I’ve seen more often that whenever someone says something that you don’t like it, you questioned back to these people in a rude ways in asking all kind of questions. The point is-you cannot expect people to say what you want to hear out, especially on a public forum. People have their own mind and their own conviction to judge your or anyone else’s situation, whether you or someone aggress with those opinions or not. For example, you posted: “It really DOES hurt me that you basically are calling me a liar JohnyCash!!” First of all, that statement of mine was made a very long time ago on this thread, so I wondered why you were trying to discuss it only few days ago?

Secondly, whether or not you are a liar or cheater, you are the only one who know about that for sure, not we or USCIS or your wife or children. I never said that you are a liar, rather I said that it’s seemed that you misrepresented to US govt., which was based upon the facts and circumstances provided by you about your situation over here. Nobody can read your mind to know the truth. Other people have judged you based upon the circumstances and situations surrounded your case, and not by reading your mind. That’s why USCIS also determined that you lied to them when they denied your case initially. Similarly, others and I determined the same that you NEVER had intention to go to school when you entered to US on student visa. Otherwise, you won’t see a single case wherein someone entered on a student visa but failed to go to school even for one day unless that person used student visa just as a tool to get into the US.

It could be possible that you really came here for studies in the beginning, but we don’t know that, nor USCIS knows about this. Rather we have to analyze your situation based upon the facts presented to us by you than reading your mind and taking your side without any evidence. So obviously, you should not be argumentative and upset just because people have given you their own opinions, which apparently you don’t like to hear out. Rather than appreciating the people for their time and effort, you become rude with them if you don’t like to hear what they have said about your situation.

You should not ask anything on a public forum if you don’t wish to hear all kind of answers to your situation. You have your mind and people have their mind to judge/analyze a case/situation. You should also learn to keep patience. You are kept asking all kind of questions when you don’t even know the outcome of your hearing yet. Your hearing/appeal was with USCIS and not in a Federal court, wherein you would need to worry all kind of questions. Also, the adjudication officer (the officer who interviewed you) would make the decision on your case. If something is very complicated then Supervisor of that adjudication officer gets involved in a decision. District Director has nothing to do with the decision, and District director gets involved only in a very rare and unusual case.

I don't find you and your buddies wise or understandable persons if you guys would keep repeating that you did not do anything wrong and that you are not an illegal and that you are good person because you did not commit any crime and paying taxes an other blah...blah. First of all, you guys should spend just one cell of your brain in thinking that if you did not do anything wrong or if nothing bad seems here in your situation then why in this world USCIS had denied your case at first place? Do you think they had a personal issue with you that made the officer to have denied your case? Secondly, you and your buddies are showing arrogances here if you would talk about your life after GC because USCIS has determined here about your life and intent prior to having GC, so talking about that you are not an illegal anymore or never committed any crime and etc are just nothing except an example of how unable you guys are to understand a simple content. You should know that govt. could strip you from any benefit if they EVER find out that you misrepresented (lied) to them. Further, it is not about what you think, rather it is about govt. determination. That means-you can keep repeating that you did nothing wrong, but that would mean nothing unless govt. gets convinced otherwise.

The key point is- you and your buddies are totally incapable to comprehend a simple fact here that nobody is envy to you here, otherwise they would have not spent so much of their valuable time/energy/efforts in giving their opinions to your situation, especially when they gain nothing from this, rather you and your buddies should try to comprehend that the situations and facts are seemed against you on the record, which looked different to even USCIS; otherwise they had not denied your case at first hand. Besides, if you don't like to hear other people's honest opinions then don't post your story on a public forum.

If your case gets denied then you would have to wait another 5 yrs to reapply it. But as I said before that if USCIS would determine that you misrepresented to US govt. by using student visa as a tool to get here, then they would revoke your permanent residency and would initiate a Removal proceeding against you. Then you would need to tell to the immigration judge why you should not be deported. Rather than arguing with people over here, you should think hard to come up with evidences to refute your situation because that would all matter in the end.

Asking from people over here why USCIS would deport you and then telling them that USCIS has a weak case against you, and that USCIS has no evidence against you then I just don’t understand- [1] why is it so hard for you to see why USCIS would deport you; [2] why do you think USCIS has a week case against you, especially when everything is on the record- a very strong case against you because you did not attend the school even for one day after being entered on a student visa, nor you departed the US at that time? Give us just a single evidence to prove that you lived up to the terms of your student visa at that time? I think you are not thinking right, or you might not be capable of thinking right; otherwise I wonder why you made those statements which have been discussed in very details earlier on this thread. As I said before very clearly that USCIS has a very simple and strong case against you because everything is on record to prove your misrepresentation even if you don’t seem to understand it. Rather than asking any further question, I think you should read the entire thread many times. You would find the answer to your all questions right off.

Do we need to repeat everything whatever has been said so far on this thread, or are you not capable to comprehend that wherein it is cleared that you definitely misrepresented to US govt. when you entered on US soil on a student visa but did not bother to go to school even for one day in the beginning, nor you departed from here? Is it that hard for you to comprehend? USCIS or we won’t care why you were unable to attend the school when you set your foot on your soil because you had the option to return back if your situation changed than being overstaying here. And don’t tell us that you don’t mind going home if USCIS would determine that you lied or anything else like that, because nobody gives the damn whether you go home or not. But if govt. would choose to deport you, then you cannot choose to say IF/OR/COULD/SHOULD, rather they will deport you, one way or another. Besides, if you don’t care about being deported then what was the use of this entire story on this thread?

I’ve already told you that your case has been approved, but it seems that you don’t want to have patience. I won’t respond any further on this thread because I feel offended when you have said things, which is not true at all because I never told you a liar. Besides, you did not care the time/energy/effort that I spent on this thread in helping you out before making such an irrelevant and bogus statement for no reason. Further, I don’t give the fuck about your friend-Manyung, who knows nothing about me or about immigration laws. Nor I need the hollering fan club with me to stand up for my conviction. Always remember: JohnnyCash doesn't give the damn about fan club when it comes to standing up for his own beliefs/convictions.
 
Last edited by a moderator:
hipka said:
They should give you a reason for the denial. If the reason is application incorrectly filed then you can reapply immediately after correcting the error. If you applied before 3/5 years, then you have to wait till the correct time to apply. In your case it looks like, misrepresentation/fraud will be the reason, in that case deportation usually follows and after landing in your home country you can ask the consulate to remove the bar to reapply (if there is a bar). Will there be a bar in your case?? It all depends on what USCIS thinks. I think you have made sufficient noise, if USCIS still denies your case, they will make sure that denial will stand in court. So it may be best not to pursue this further.
I have read the postings in your case. You have a valid marraige to a US citizen. This means that even if you get deported, you can come back as an LPR. Its very difficult for them to ban you long term. Thousands of mexicans come to the US illegally and get married and although they get deported, eventually they manage to reside in the US. I'm not saying you came here illegally but even if you did I do not see a reason you should be treated differently from other illegals.
Hence my suggestion is don't worry too much and stick to your marraige !


This is really great! Now you are going to make sure our friend Sony is really depressed. I am not trying to be pugilistic here but all you are talking about is Deportation. Are you an ICE officer by any chance? FYI, Sony is not an illegal alien. Illegal aliens have no documentation. They cross the border, have no ID, drive without a license, and work in the US without permission. Sony came with a visa, and is documented. That makes him a legal Resident. And so far he has been respecting the laws of the United States. USCIS may think he did not respect certain immigration laws, but who really cares about their xenophobic interpretation. It is all up to the court to decide. And Federal District Courts are no Immigration Courts. Most people and clerks who work in the district courts are college graduates, and not high-school drop-out immigration officers. That's a big difference.

Your approach to any immigration problem is to run and hide. In this case, the burden of proof is on USCIS to prove a fraud did happen. They might deny his case under the moral character clause, but he has proven he has good moral character. Simply by staying out of trouble. No criminal record. So let USCIS prove its case which it can't because it has no case. They rely on scare tactics and Nazi-like interrogation method to extract the information that will prove their point. These methods only get to Illegals who have no clue what the words: law, rights, lawyers etc. mean, but for Honorable citizens like Sony, that doesn't work.

But thank you for your opinion anyway. Because we value and respect the First Amendment of this great nation, we protect your right to free speech.
 
Publicus said:
This is really great! Now you are going to make sure our friend Sony is really depressed. I am not trying to be pugilistic here but all you are talking about is Deportation. Are you an ICE officer by any chance? FYI, Sony is not an illegal alien. Illegal aliens have no documentation. They cross the border, have no ID, drive without a license, and work in the US without permission. Sony came with a visa, and is documented. That makes him a legal Resident. And so far he has been respecting the laws of the United States. USCIS may think he did not respect certain immigration laws, but who really cares about their xenophobic interpretation. It is all up to the court to decide. And Federal District Courts are no Immigration Courts. Most people and clerks who work in the district courts are college graduates, and not high-school drop-out immigration officers. That's a big difference.

Your approach to any immigration problem is to run and hide. In this case, the burden of proof is on USCIS to prove a fraud did happen. They might deny his case under the moral character clause, but he has proven he has good moral character. Simply by staying out of trouble. No criminal record. So let USCIS prove its case which it can't because it has no case. They rely on scare tactics and Nazi-like interrogation method to extract the information that will prove their point. These methods only get to Illegals who have no clue what the words: law, rights, lawyers etc. mean, but for Honorable citizens like Sony, that doesn't work.

But thank you for your opinion anyway. Because we value and respect the First Amendment of this great nation, we protect your right to free speech.
What is this BS you are talking, all I did was answer sony's question -- 'What should I do if my application is denied', I did not give any negative opinion, I just suggested some options, if you don't like them then don't read it.
 
hipka said:
What is this BS you are talking, all I did was answer sony's question -- 'What should I do if my application is denied', I did not give any negative opinion, I just suggested some options, if you don't like them then don't read it.

My mistake. I thought you were speaking in general and did not noticed that you were merely addressing his question: "If my case got denied after the appeal, and theoritically, i didn't go to court to appeal that denial..."

Have a great Thanksgiving!
 
Top