Intent to Deny !! How much time to appeal ?

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princeofpersia

Registered Users (C)
Hi !!!

Does anybody have any idea as to how much time does one get to appeal after a INTENT to DENY notice is being issued ?
When i spoke to the IIO (on June 5th 2001), they said that a intent to deny notice has been been requested but will not be mailed for upto four weeks.
I spoke to the IIO again yesterday (June 18th 2001). They still haven\'t sent out the notice yet.

I was on a vacation, so i did not have access to the web.

Lawyer says, we should wait and see the notice rather than speculating.
But i am worried , since i have seen direct denial notices instead of intent to deny notices mailed out.
What time period will i get to appeal, and when does that time begin ?

Please advise of any alternative ways.

Thanxs
 
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I think intent to deny notices are better than outright denail, because you may have a chance to fix the problem causing the intent to deny.
 
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Can i fix the problem , even if the my lawyer commited a mistake when filing my I-140, or would it be considered as a case of fraud ?

My lawyer is hundred percent sure that there was no mistake on his part when filing my I-140.
He says that the INS incorrectly approved my case in EB2 instead of EB3.

Will i get a chance to explain. Will i be asked to do the I140 again ?
If i have to redo my I140 , can i apply for a EAD extension ?
 
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Do not panic! Intent to deny is just another name of RFE. It is no different than RFE at all. In cases like where they have doubt regarding legal stay in US they issue intent to deny instead of RFE. Make sure you can prove that you were (or your wife/dependents) were never ever out of status. All the best !
 
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Thanxs DNA and Baba ...

You could be right, the Intent to Deny could be because of the Out of status issue .
But i nor my wife was never out of status.
But there is a another reason which have a high probability.

My 1-140 was approved in EB2 when it was supposed to be approved in EB3.
So the officer, might have noticed this and considered my case as an EB3. But the officer must have thought that we took an advantage of this situation and filed the I485 when the PD\'s are not current.
But i had filed my I485 in Nov 99 when all categories were current.
(there was a similar case in this forum , where an officer picked up an EB3 application and issued an intent to deny notice , because he felt that the 485 was filed when the PD is not current)

If any point we were out of status, how do i solve this problem ???
 
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did they issue intent to deny notice for all of your family (means spouse and kids).
You might want to check your spouse and kids case too . please post .
 
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Yes , both my wife get our FP notices. We did our FP and when i checked with the FBI, they had send the results to VSC. The IIO had also confirmed that they recieved the FP results ...
 
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Have you received the Intent to Deny notice as yet? What is the actual reason?

Good luck!
 
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Have you gone thru the copy of your papers filed with ins thorughly. Did you find some discrepancy in the papers filed. Were you or your spouse ever out of status ?? I would suggest you thoroughly scrutinize your papers again and try to find out possible reasons. Also check you FP results. What were they ?? I mean sending results is one thing and checking that they are fine might be other.
Talk to your lawyer about future course of action depending on what you have analysed and ask him how to tackle situation in different possible scenarios.
 
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Prince, Also, did you ask your lawyer to call INS and dig out more info about your case and possible cause of intent of denail. He might be able to talk to the actaull IIO who reviewed your case and try to even rectify the problem before they issue the letter. Even though it might be a long shot but its worth trying. You would relly have to persuade your lawyer to make this call and explaing to him how your life depends on this. Just trying to throw some ideas here to help you out.
 
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Neither me or my lawyer has received the notice yet.
But the INS has mailed out the notice on June 20th 2001.
Whenever i get it i shall definitely post all the details .

Thanxs ALL,for your concern.
 
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Thanxs a million kp h

My lawyer seems little interested. He is now pointing fingers.
He blames me for this notice. He says that since i called the IIO\'s very frequently, i caught a lot of attention and they scrutnized my application.
He wants to play it safe. He has not handled such a case before. So he is not ready to take any responsibility, should anything bad happen.
Now since the notice is on its way, i guess i should just wait and since the serverity of the contents.
 
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I am sorry to say that now, at this time of crisis, your lawyer is behaving like a true bastard.

\'Himmat rackho\', don\'t get worried.

I\'m sure you\'ve weathered worse situations than this, so you\'ll also weather this. Don\'t worry, pray to God and everything will be just fine.
 
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Do not be worried about the Intent to deny if you have never been out of status, or have the criminal records. This only means that your case will be handled within very short period of time after you submit the requested documents.
 
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Hi EveryBody ...

Thank You all. Your messages have been really encouraging.
I receive the Intent to Deny notice last week.
you guys had been right all along.
The INS wanted dcocuments showing that we had maintained legal status thru out,
Additionally they wanted my employers letter, last 3 paystubs, W2 and last years federal tax returns.

My lawyer has send in all the required documents. Now i have to wait and watch. I hope that the back log delays at the mail room does not delay my case .

Thank you again .
 
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