VivaLasVegas
Volunteer Moderator
thanks for the link. I am not sure how to answer your question other than to say hang in there and an approval notice should be on your way soon 
Good luck.
Good luck.
You are using an out of date browser. It may not display this or other websites correctly.
You should upgrade or use an alternative browser.
You should upgrade or use an alternative browser.
I got denied need help please
- Thread starter sony55
- Start date
Hang in there SONY
Sony,
I am really not too savy about immigration technicalities but have read the thread about your case.
My sense is that just wait another 3 or 4 weeks before taking any other legal action. I think you should be just fine. Just hang in there buddy.
Sony,
I am really not too savy about immigration technicalities but have read the thread about your case.
My sense is that just wait another 3 or 4 weeks before taking any other legal action. I think you should be just fine. Just hang in there buddy.
newbornmonkey
New Member
To Sony...
I've read this thread from the beginning to the end (yeah, got too much time at hand...).
OK, first of all, good luck to you, Sony. I wish you will get your case resolved soon.
However, I found it annoying to keep hearing you say that "I've done nothing wrong"... The truth is, you came to states in F-1 visa, and you didn't attend the school, neither go back to your home country. You didn't file the change of status until you got married. You have to know that your F-1 is valid only when you attend the school, otherwise you are considered out of status. You obviously didn't take any proper steps to adjust your status and that automatically is a "wrong-doing".
You seem to be a nice guy and you may be a good student or a honest person. But you did violate the law for the use of F-1 visa, regardless your financial crisis.
I believe that you have to honest to yourself and the situation to be able to find the best solution. Admit that you made a mistake but state the reason behind the whole situation - that's the best attitude while facing challenges.
However, for the fact that your new family member is on the way, I really think that the IO will approve your case. Just be patient, and good luck.
I've read this thread from the beginning to the end (yeah, got too much time at hand...).
OK, first of all, good luck to you, Sony. I wish you will get your case resolved soon.
However, I found it annoying to keep hearing you say that "I've done nothing wrong"... The truth is, you came to states in F-1 visa, and you didn't attend the school, neither go back to your home country. You didn't file the change of status until you got married. You have to know that your F-1 is valid only when you attend the school, otherwise you are considered out of status. You obviously didn't take any proper steps to adjust your status and that automatically is a "wrong-doing".
You seem to be a nice guy and you may be a good student or a honest person. But you did violate the law for the use of F-1 visa, regardless your financial crisis.
I believe that you have to honest to yourself and the situation to be able to find the best solution. Admit that you made a mistake but state the reason behind the whole situation - that's the best attitude while facing challenges.
However, for the fact that your new family member is on the way, I really think that the IO will approve your case. Just be patient, and good luck.
Thank you for your wishes newborn,
my comments are as followed :
Once again, thank you for your encouragement!
sONY
my comments are as followed :
When I say i've done nothing wrong, if i said that, then what i meant is I didn't plan to do anything wrong. And that makes the big difference in my case, as the USCIS are talking about my intention from the first minute i got here to plan not to attend. I didn't do that, and i know myself, the intention was good , the circumstances were bad. However, I know that due to my unfortunate circumstances i did break the law unintentionally, which was going out of status as a student. However, getting married should have solved that issue, and the proof is that the USCIS never brought anything up about my status during the green card process or the removal of conditions.However, I found it annoying to keep hearing you say that "I've done nothing wrong"... The truth is, you came to states in F-1 visa, and you didn't attend the school, neither go back to your home country. You didn't file the change of status until you got married. You have to know that your F-1 is valid only when you attend the school, otherwise you are considered out of status. You obviously didn't take any proper steps to adjust your status and that automatically is a "wrong-doing".
I could not agree with you more on that one!You seem to be a nice guy and you may be a good student or a honest person. But you did violate the law for the use of F-1 visa, regardless your financial crisis.
Once again, I agree that i made an honest mistake. The bad intention that the Immigration is talking about is the break in my case actually. Everyone does mistakes, but when one does it intentionally it is different than unintentionally. Don't you agree. I did violate my status, but I adjusted it and the USCIS approved it. then i should be fine. I didn't go back to my country becasue my wife wouldn't let me, she was in love back then and she even told me that we should get married. It was true love and honest marriage. So, i know i was not right all along but i had my good intention.I believe that you have to honest to yourself and the situation to be able to find the best solution. Admit that you made a mistake but state the reason behind the whole situation - that's the best attitude while facing challenges.
I wish that you are right. I have a feeling, a positive one, but that feeling had lied to me before lol.However, for the fact that your new family member is on the way, I really think that the IO will approve your case. Just be patient, and good luck.
Once again, thank you for your encouragement!
sONY
Last edited by a moderator:
I think this analysis is not correct.newbornmonkey said:I've read this thread from the beginning to the end (yeah, got too much time at hand...).
OK, first of all, good luck to you, Sony. I wish you will get your case resolved soon.
However, I found it annoying to keep hearing you say that "I've done nothing wrong"... The truth is, you came to states in F-1 visa, and you didn't attend the school, neither go back to your home country. You didn't file the change of status until you got married. You have to know that your F-1 is valid only when you attend the school, otherwise you are considered out of status. You obviously didn't take any proper steps to adjust your status and that automatically is a "wrong-doing".
You seem to be a nice guy and you may be a good student or a honest person. But you did violate the law for the use of F-1 visa, regardless your financial crisis.
I believe that you have to honest to yourself and the situation to be able to find the best solution. Admit that you made a mistake but state the reason behind the whole situation - that's the best attitude while facing challenges.
However, for the fact that your new family member is on the way, I really think that the IO will approve your case. Just be patient, and good luck.
I remeber Sonny, that USCIS charged you in lying on your application, but not in violating your status. And you are saying that you have admitted to not attending a school and about how sircumstances changed. It looks like you really did not do things that USCIS accusing you of.
I agree that you have violated your status but it is immaterial for an adjustment of status after getting married. And by the way bad intent (intent to immigrate while applying to non -immigrant visa) does not preclued from AOS- check that case that I cited previously). Good luck.
Last edited by a moderator:
Akatu,akatu said:I think this analysis is not correct.
I remeber Sonny, that USCIS charged you in lying on your application, but not in violating your status. And you are saying that you have admitted to not attending a school and about how sircumstances changed. It looks like you really did not do things that USCIS accusing you of.
I agree that you have violated your status but it is immaterial for an adjustment of status after getting married. And by the way bad intent (intent to immigrate while applying to non -immigrant visa) does not preclued from AOS- check that case that I cited previously). Good luck.
thank you for your post. Could you please point that case for us?
thanks
sONy
thank you,akatu said:
so akatu,
do you believe that i should be deported?! i think that my case is quiet different that Choe's !
sONy
As I said before, it does not matter wheather i believe or not. USCIS has it's own way. Lying to immigration is a deportable offence in general, there are exceptions like seeking a refuge in US and lyintg to obtain non-immigrant visa.
All these are matter of Law and it's interpretastion, that is why those precident cases are so important. The former case was even more difficult than your's as I do believe.
You should talk to your attorney or find another one more experienced in deportation legislature.
All these are matter of Law and it's interpretastion, that is why those precident cases are so important. The former case was even more difficult than your's as I do believe.
You should talk to your attorney or find another one more experienced in deportation legislature.
I am confident that uscis won't issue a deportation because all they came up with is conclusions about intentions, and that's strictly circumstantial without hard evidence. I, on the other side, brough some hard evidence and documentations show that my sponsor couldn't pay for my school. I also brought documents show my good intention and my true and sincere intention to go to school, and when i couldn't go, i tried my best to apply for extension of visa.akatu said:As I said before, it does not matter wheather i believe or not. USCIS has it's own way. Lying to immigration is a deportable offence in general, there are exceptions like seeking a refuge in US and lyintg to obtain non-immigrant visa.
All these are matter of Law and it's interpretastion, that is why those precident cases are so important. The former case was even more difficult than your's as I do believe.
You should talk to your attorney or find another one more experienced in deportation legislature.
I am married now for almost 6 years, not that im invinseble, but I think I am in a decent shape when it comes to deportation!
sONY
sony55 said:I am confident that uscis won't issue a deportation because all they came up with is conclusions about intentions, and that's strictly circumstantial without hard evidence. I, on the other side, brough some hard evidence and documentations show that my sponsor couldn't pay for my school. I also brought documents show my good intention and my true and sincere intention to go to school, and when i couldn't go, i tried my best to apply for extension of visa.
I am married now for almost 6 years, not that im invinseble, but I think I am in a decent shape when it comes to deportation!
sONY
i do not think you would be deported. however, i can't see why USCIS would grant your citizenship application thou. as you admitted, "I, on the other side, brough some hard evidence and documentations show that my sponsor couldn't pay for my school."
For a F1-visa, if the person could not go school, he/she should return to your home country right the way. not sure why it is so hard to understand the fact thou. I had seen lot of my schoolmates came to US and went back to their home countries because they could not affort it. they never had the 2nd thoughts about getting married or trying to extend the F-1 visa in any ways. I am surprised your school did not report your case to INS since you did not even show up in school at all.
by the way, since you could not go to school, what kind of excuses did you use for extending the F1 visa?
Sony,
Sony,
I’ve followed up on your story, and I am rooting for you, and I hope you get a happy ending soon. According to your story, you told us: “……they claim that i answered no to question 23 is lying because i entered the states in 1999 on F-1 visa but never attended school then.” Also, I read another story about a guy who had been admitted into the US as an unmarried son in 1984. Years later, while applying for naturalization, he got denied based on his marriage which occurred in his origin country in 1980 (The applicant claimed later that he got married in 1986 in the US (with the same person.) I wonder and I would like to know if possible, how did they know some details about the fact that you never attended school and other cases as described above. If you feel comfortable about that, would you could you please tell us or does anyone know?
Good Luck and all the best!
Sony,
I’ve followed up on your story, and I am rooting for you, and I hope you get a happy ending soon. According to your story, you told us: “……they claim that i answered no to question 23 is lying because i entered the states in 1999 on F-1 visa but never attended school then.” Also, I read another story about a guy who had been admitted into the US as an unmarried son in 1984. Years later, while applying for naturalization, he got denied based on his marriage which occurred in his origin country in 1980 (The applicant claimed later that he got married in 1986 in the US (with the same person.) I wonder and I would like to know if possible, how did they know some details about the fact that you never attended school and other cases as described above. If you feel comfortable about that, would you could you please tell us or does anyone know?
Good Luck and all the best!
PP4U said:Sony,
I’ve followed up on your story, and I am rooting for you, and I hope you get a happy ending soon. According to your story, you told us: “……they claim that i answered no to question 23 is lying because i entered the states in 1999 on F-1 visa but never attended school then.” Also, I read another story about a guy who had been admitted into the US as an unmarried son in 1984. Years later, while applying for naturalization, he got denied based on his marriage which occurred in his origin country in 1980 (The applicant claimed later that he got married in 1986 in the US (with the same person.) I wonder and I would like to know if possible, how did they know some details about the fact that you never attended school and other cases as described above. If you feel comfortable about that, would you could you please tell us or does anyone know?
Good Luck and all the best!
it is not difficult for gov't agent to run the background check on which school you attended, when you attended, your employement history.. etc etc
so, if someone claimed he/she came to US to attend school on F-1 Visa, for example, in 1991, but the school did not have your record for 1991, it means that person did not attend the school which he / she should have.
if the gov't wants to know a details on a specific subject, they could, and you bet they would do that.
I didn't go back because I had a fiance at the time, that's why.Otherwise, i would have considered that option.ocworker said:i do not think you would be deported. however, i can't see why USCIS would grant your citizenship application thou. as you admitted, "I, on the other side, brough some hard evidence and documentations show that my sponsor couldn't pay for my school."
For a F1-visa, if the person could not go school, he/she should return to your home country right the way. not sure why it is so hard to understand the fact thou. I had seen lot of my schoolmates came to US and went back to their home countries because they could not affort it. they never had the 2nd thoughts about getting married or trying to extend the F-1 visa in any ways. I am surprised your school did not report your case to INS since you did not even show up in school at all.
by the way, since you could not go to school, what kind of excuses did you use for extending the F1 visa?
sonY
That's true , ocworker,ocworker said:it is not difficult for gov't agent to run the background check on which school you attended, when you attended, your employement history.. etc etc
so, if someone claimed he/she came to US to attend school on F-1 Visa, for example, in 1991, but the school did not have your record for 1991, it means that person did not attend the school which he / she should have.
if the gov't wants to know a details on a specific subject, they could, and you bet they would do that.
I would like to also add that i helped the government in my case to tell them all about me. I was trying to be as truthfull as possible, and not hiding anything. When i applied for visa extension in 2000 to basically transfer to less expensive institution as my brother , instead of my original sponsor uncle, said that he could help me out with tuition, that visa extension got denied after 6 months. and that's because i couldn't attend that school in tennessee either, because my brother had lost his job in Europe. And i have proof of him losing his job.
When i applied for citizenship, i copied that decision of the denial, and i enclosed it along with my application with small explanation about it.
Therefore, I know the uscis conducts investigations using their authority, but actually, in my case, i think everything was lying there on their table through me. I told the appeal officer that i was trying to be as honest as possible and the proof that i provided those papers along with my application, she replied; true true!
sOnY
Sony
Stop listen to this crap.
You came on F1, violated your status -fine. Got married. Being out of status does not make you ineligible for mariage -AOS. You were granted PR.
Now, if you did not lie on your CITIZENSHIP application or during interview you should be ligaly fine.
USCIS denied your application. In order to deport you the burden of proof on them prove whatever they incriminate you. The thing is they even did not bother to resind your PR on basis of fraud.
As I said it would be very difficult for them to come up with something substantial against you. USCIS councelors mostly dumb, illiterate and lazy. There is a culture of "NO" in these folks. I would be surprise if they approve you. It would mean that you got lucky.
Do not waist any time here, find good lawyer in case your case hase been denied.
Stop listen to this crap.
You came on F1, violated your status -fine. Got married. Being out of status does not make you ineligible for mariage -AOS. You were granted PR.
Now, if you did not lie on your CITIZENSHIP application or during interview you should be ligaly fine.
USCIS denied your application. In order to deport you the burden of proof on them prove whatever they incriminate you. The thing is they even did not bother to resind your PR on basis of fraud.
As I said it would be very difficult for them to come up with something substantial against you. USCIS councelors mostly dumb, illiterate and lazy. There is a culture of "NO" in these folks. I would be surprise if they approve you. It would mean that you got lucky.
Do not waist any time here, find good lawyer in case your case hase been denied.
Thank you akatu for your participation.akatu said:Stop listen to this crap.
You came on F1, violated your status -fine. Got married. Being out of status does not make you ineligible for mariage -AOS. You were granted PR.
Now, if you did not lie on your CITIZENSHIP application or during interview you should be ligaly fine.
USCIS denied your application. In order to deport you the burden of proof on them prove whatever they incriminate you. The thing is they even did not bother to resind your PR on basis of fraud.
As I said it would be very difficult for them to come up with something substantial against you. USCIS councelors mostly dumb, illiterate and lazy. There is a culture of "NO" in these folks. I would be surprise if they approve you. It would mean that you got lucky.
Do not waist any time here, find good lawyer in case your case hase been denied.
The point is , i would like to hear different point of views and different ideas and suggestions. That broadens my horizon to see more possibilities wheather in the uscis responses, or to defend myself. It's good to be open minded. listening to people never hurts. now, acting foolishly upon what people say, that could hurt. I take the best, analyze it, think, and then act upon what I come up with, of course after discussing the issue with my lawyer.
I enjoy this forum, even though some of the posts don't make me feel comfortable, but I am not here to hear what I love to hear, but rather, I am here to hear what I NEED to hear. I appreciate everyone's posts, no matter what the content is. You guys taking the time to participate means a lot to me. Thank you so much.
Akatu,I would love to add that i have a lawyer and i am currently discussing the possiblity of the denial of my appeal. Thank for your suggestion.
sONy
Last edited by a moderator:
sony55 said:I didn't go back because I had a fiance at the time, that's why.Otherwise, i would have considered that option.
sonY
i see. but it would take you sometime to get a fiance after you knew you could not attend to school when you came to US, correct? (however, my assumption would be wrong too)
anyhow, i guess what happened was not important to me. it is only important to you and your case. just hope you can accept whatever the outcome is.
best wish.
Last edited by a moderator:
I can accept it, but what if the outcome was not accurate and fair to me?!ocworker said:i see. but it would take you sometime to get a fiance after you knew you could not attend to school when you came to US, correct? (however, my assumption would be wrong too)
anyhow, i guess what happened was not important to me. it is only important to you and your case. just hope you can accept whatever the outcome is.
best wish.
sONy
sony55 said:I can accept it, but what if the outcome was not accurate and fair to me?!
sONy
would you request another hearing?
btw, since you can accept whatever the outcome is, it should not be the matter if the outcome is accurate and fair to you since you said you would accept it anyway. right?
what does your lawyer say about your case?
do you think he has handled your case good? or do you need to find another lawyer?
Last edited by a moderator: