My Case got Denied....but not officially

[Brenglen]

Hi guys,

Well my immirgation Worker (Through Congressman) told me today that my case will be denied soon, the reason is very hard to explain but ill give it my best.

In 1996, My Mother and her previous husband sponsered both my mother and I, in which both I-130 and I-485 was approved. Then in 1999, My mother and her husband got a divorice and we then abanned the green card and moved back to Canada.

My mom then met an american in 2000, got married in 2003 and I went ahead and filed I-130 and I-485 in Summer of 2006.

Anyways my Immirgation Worker sent me an email today...

The I-485 application was received at the National Benefits Center on June
11, 2006 and ------ was assigned as the receipt number. The
fingerprints cleared on July 6, 2006. I discussed this case with the
adjudicating officer this morning. Officer Johnson found that subject is
not eligible to file for adjustment of status as he originally entered the
United States as a K-2, but the marriage between his mother and the initial
sponsor later broke up. His new stepfather filed an I-130 petition for him
and then he filed an I-485 application. The problem is that he was a
conditional resident whose conditional resident status was never removed.

Title 8, Code of Federal Regulations Part 245.1(c)(5) provides as
follows:

(c) Ineligible aliens. The following categories of aliens are
ineligible to apply for adjustment of status to that of a lawful
permanent resident alien under section 245 of the Act:
. . . . .
(5) Any alien who is already an alien lawfully admitted to the
United States for permanent residence on a conditional basis pursuant to
section 216 or 216A of the Act, regardless of any other quota or non-
quota immigrant visa classification for which the alien may otherwise be
eligible.

So basily my immirgation worker told me to file a I-824, but I had a feeling that she was wrong so I called up 1800 number and then Asked to talk to an Immirgation officer, I told him the story and read the email that my immirgation worker sent me, he then told me that it hasn't been offiically been denied and that my conditional resident status should of been removed when abanning the Green Card, Also, My mom and her previous husband never showed up to the 2nd interview (2 yrs later) so that right there should of removed the resident status (if i may be wrong).

He then told me that if I file the I-824 that I would be removed from the U.S. and would have to go back to Canada and go for a Visa or somewhat, this would take a huge amount of time or you can apply the I-209b in which would appeal the Decison of the Denial and then you would have to explain to us why you believe should be approved...etc.

Very complex I must say, gee I hope my Advance parole wont be denied

 

[Brenglen]

I am officially confused nor having the worst week ever.

 

[LucyMO]

My mother and her husband got a divorice and we then abanned the green card and moved back to Canada.

after you moved to Canada, how did you return to the States?

 

[Brenglen]

after you moved to Canada, how did you return to the States?

Well I moved back to Canada in 2000, My mom handed in our Green Cards at the American Customs in which was a simply hand over. After, my mom and I went across the borders all the time as visitors just simply using Birth ID and Goverment issued ID (like Drivers licence..etc.).

In 2003, My Mom and I moved back to the States cause my Mom got married to my current Sponser and we filed for permited residency, she then over came Family problems back home in Canada and crossed the border. The Lawyer then dropped the case and both my mom and I lived in Canada. She then couldn't afford to hire a Lawyer to re-open or to re-file the case but then decided to wait til I graduated from High School so I can live with her and my Sponser. My mom then got banned one day in Late 2005 (2 weeks after my Graduation) going into the U.S. to visit her husband (My sponser) when a random search found Old U.S. Mail in her car, she got a 5 year ban and didnt get a fair trial to plead her case.

In May 2006, I decided to move to the U.S. so I can go to school, work and live my life with or without my mother, When I crossed I asked for a I-94 and told him because I am applying for permited residency and the immirgation officer told me that he doesn't give out I-94's to Canadians cause their allowed to stay in the U.S. up to 6 months and that I just have to apply once I am settled in the U.S. bascially.

Queston, How long does it take for a decison after filing an appeal?

 

[LucyMO]

so, were you under 18 when your mom and her current spouse got married?

if you were, you should get a lawyer and provide proof that your residency was in fact abandoned in 2000. You can't still be a conditional resident, if your mom didn't removed the conditions past the expiration date of her conditional GC.