My case was approved by immigration Judge

M

MPHILIP28

Registered Users (C)
PD 05/1998
RD 7/2001
ND 8/2001
TSC

Last April 2003 driving back our rway to Houston from South Padre Island on a short vacation, BICE border patrol have stopped our car and asked for proof of legal status. We have produce copies of our I-485 receipt notice from TSC + EAD cards. However, the officer seems to be in doubt and requested as to come down for further verifications. After about 8-10 hours of verifications from their computers they finally decided that we are in violation of our status since Our H-1/H-4 visas have expired sometime in march 2003. I have explained to the supervisor in charge that we are in status because we have a pending I-485 in TSC since July 2001. But they have decided to give us an NTA (notice to appear) which I later learn to be a deportation hearing.

The master hearing was held on Sept 2003. This hearing took about 10 minutes and the judge just asked if we accept or deny the charges.

The individual hearing took about 5 minutes which is actually adustment of status relief hearing. The BICE atorney did not object to the adjustment of status relief since all our paperwork is in order. So, finally after 5 years of waiting the judge have approved our I-485.

If for some reason one of you guys got an NTA. Do not worry as this seems to make your case process faster. Provided you have an approved I-140.

By the way I have changed employer after completing 180 days from my RD and this seems to be not an issue. The immigration judge seems to be only concern about approved I-140
 
Congratulations MPHILIP28.

I can imagine the struggles you went thru, but it turned out to be very good. BTW, was your new employer in the same state as your original employer.
 
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I remember reading your story. Congrats, it turned out to be a good thing after all.

I am thinking of going to South Padre Island myself, look for the Border Patrol and ask them to give me an NTA. It might just do the trick!
 
Plasticard,

Thank you. It's been a long journey for me and my family. But we are happy that it is all over.

My original employer is from diiferent state from my current employer but they both under TSC jurisdiction.

Thanks.
 
Wella,

Thanks. I have seen quite number of your posting and have been following them. So, how is your case from the Local Houston office ?

Thanks.
 
MPHILIP28,

First of all thanks for sharing your experiences with us and for asking about my case.

Well, things are not so good with my case. I had my interview earlier and the adjudicating officer noted that my H1B is annotated "Party is not intending immigrant." My lawyer argued that the annotation is not material since the H1B has dual intent; but she did not go along with that. In any case, I asked several attorney's (one of whome is Jim Mills, a great knowledgeble attoreny), they all agreed that there should not be aproblem because of the dual intent.

I finally contacted the Consulate (based on Jaxen advice, another great guy) and they told me that they made a mistake and apologized for it. Now I have to take that to the BCIS to clear up the mess.

So, in all a mistake made by someone, and I have to pay for it somehow.

Cheers my friend and enjoy your life after the GC. I hope I will be there soon.
 
Wella,

I am sure you will get there. This is just one of the detour we all go through in our journey to get GC. But at the end we still get our GC.
 
Congrats Mphilip. I too remember when you had first written abt your case. 1question - Was there any gap in your employment?
Did you quit your 1st employer or you got let go and found a job after few days?
 
goastros,

Thanks. There is no gap between my 1st employer and current employer. Actually, my 1st employer have sub contracted my services to my current employer, after working with my current employers for years, they have finally just pay my 1st employer some amount to release me from any contractual obligation and work for them as permanent employee.
 
Congratulations MPHILIP28

i gave my sincere congratulation to every guys here who finally got approved, i just hope i can say 100 congratulations per day, and i know that day will come.

enjoy your free life:D
 
cplusplus,

Thank you. Some of us have been approved ahead of the others but in the end, I think, everybody will get there approval.
 
congratulations!

I read your story too (That scares me a whole lot, though :)). Thanks for your follow-up. Glad to learn you got your approval. Enjoy!
 
stillwaiting88,

Thank you, I guess its my turn to go to a thread called "Life after GC" ( Just joking). I am sure I will be visiting this thread as often and see how the rest of us are doing. It has become a habit to read this thread and see how the rest of us progress on there journey to GC.
 
easthorn1,

Thank you. I thought I am the only one left with PD 5/98. If you are planning a trip to South Padre, you may also want to plan to talk to my lawyer. She is good and charges reasonably. :p
 
Congratulation MPHILIP28 !

I remember your story. Thanks for sharing.

It took the Judge only 10 minutes to make decision. The same decision that takes our BCIS specialists 3 year to make !

We need to find out how to get a NTA
 
tombaan,

The Law office of Cowan and Hoover. They are local Houston immigration Law office. I was represented by attorney Michelle Mukthar, she is one of their attorney who specialize in NTA cases.
 
Tin/jlsbr,

Thanks guys, These forum have been a great venue of sharing immigration experience and information.
 
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