My i130 has been cancelled.

L

looking4guide

Registered Users (C)
Hi, I am new member and I am very happy to be here hope you guys can help me out with my problem..


My mother then a resident permanent apply for i130 , my priority day was 24 march 2004 , the lawyer back in those day filled our application and it went fine..

Then a year before my priority was up we went to a different person to change the address and to update the petitioner from Resident to Citizen and to let them know that to please send the package to our new address , we sent then the letter by certified mail weeks later we received a letter from them letting us know that they changed the petitioner from Resident to Citizen and that they successfully updated to our new address.

Now when the priority day was current , they sent the package to our previous lawyer that we only paid to fill the I130, and lawyer sent the package to our old address since at our current address that we successfully changed with Visa department never got any package I was negligent to wait for too long, by the date I realized all went wrong we hired a new lawyer he saw all my documentation and missed the letter we sent and received updating our current address with the Visa Center..

He responded to Visa center letter asking why we didn't contact them in a period of a year , this lawyer sent a letter saying that our previous lawyer made a mistake.. This was not enough for Visa Center officer and decided to close the petition I130..

I have hired another lawyer, he say he will make a petition or reconsideration , but we went to his office and he hasn't done anything to Immigration or even communicated.. he asked in advance 1000 usd and 2 months has passed since we hired him... and nothing I feel doomed 9 years wait thrown away.. and I have to pay more money because I have signed a contract with this new lawyer..

Please I am so sad , I know it's also my fault what can I do to recuperate this.. appreciate your help.
 
looking4guide said:
Hi, I am new member and I am very happy to be here hope you guys can help me out with my problem..


My mother then a resident permanent apply for i130 , my priority day was 24 march 2004 , the lawyer back in those day filled our application and it went fine..

Then a year before my priority was up we went to a different person to change the address and to update the petitioner from Resident to Citizen and to let them know that to please send the package to our new address , we sent then the letter by certified mail weeks later we received a letter from them letting us know that they changed the petitioner from Resident to Citizen and that they successfully updated to our new address.

Now when the priority day was current , they sent the package to our previous lawyer that we only paid to fill the I130, and lawyer sent the package to our old address since at our current address that we successfully changed with Visa department never got any package I was negligent to wait for too long, by the date I realized all went wrong we hired a new lawyer he saw all my documentation and missed the letter we sent and received updating our current address with the Visa Center..

He responded to Visa center letter asking why we didn't contact them in a period of a year , this lawyer sent a letter saying that our previous lawyer made a mistake.. This was not enough for Visa Center officer and decided to close the petition I130..

I have hired another lawyer, he say he will make a petition or reconsideration , but we went to his office and he hasn't done anything to Immigration or even communicated.. he asked in advance 1000 usd and 2 months has passed since we hired him... and nothing I feel doomed 9 years wait thrown away.. and I have to pay more money because I have signed a contract with this new lawyer..

Please I am so sad , I know it's also my fault what can I do to recuperate this.. appreciate your help.
Click to expand...

When your LPR mom filed the I-130 in 2004, how old were you and where were you? How old were you when she naturalized and where were you? Just so I don't have to do the math, how old are you now and where are you?

IF you are in the U.S., how did you enter and when? IF you entered on a visa, what category (F student, H4,etc..)?
When did a visa FIRST become available to you?

There will likely be more questions that you will need to answer in order to get a correct answer.
 
Appreciate your help on this matter,

I was 26 years old when she filled I130 and I was in the country am-pared with TPS that I've got in 1999 , my mother wasn't a resident back in the day before 2004 so 245I doesn't ampere-me..

When she became citizen and we changed from Resident to Citizen I was 32 year old and I was in USA then ,
Hope this help out in my situation..

regards.
 
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looking4guide said:
Appreciate your help on this matter,

I was 26 years old when she filled I130 and I was in the country am-pared with TPS that I've got in 1999 , my mother wasn't a resident back in the day before 2004 so 245I doesn't ampere-me..

When she became citizen and we changed from Resident to Citizen I was 32 year old and I was in USA then ,
Hope this help out in my situation..

regards.
Click to expand...

?"ampere-me"? Do you mean something like "include" "effect" or "encompass"?

You had to be unmarried for mom to file an I-130 as an LPR. That was F2B. She naturalized and assuming you remained unmarried until she naturalized, you shifted into FB1 (family-based, first preference). If you married after that then you became FB3. IF you married a USC, AND IF you originally entered LEGALLY on a visa then mom's petition would be a waste of time. However, since you are asking about mom's I-130, you are likely NOT married to a USC.

You did not say HOW you originally entered. Merely having TPS by itself, does NOT create a status from which you could file for adjustment of status BUT it does have other advantages as you know--you have an EAD at the very least and I don't believe that you are continuing to accrue any unlawful presence BUT having TPS does not cure what you already had.

How did you enter? How old were you when you got TPS? You enter a danger zone with unlawful presence at 180 days out of status BUT a minor (under 18) does NOT accrue unlawful presence. So, if you fell out of status or entered illegally at an early age and obtained TPS prior to age 18 1/2, you would not have unlawful presence to worry about. Even if you have ULP, IF you were petitioned by a USC spouse or child (age 21 or over--you are too young for that to be an option-yet) AND had ORIGINALLY entered lawfully, you would be able to file for adjustment someday. That's a lot of "if's" and not likely in most cases BUT if it came to pass, then ULP would not be an issue UNLESS you departed abroad and tried to return.

In short, it's just not that simple!
 
Ok,

So I came to USA when I was 20 and got TPS when I was 21 and had unlawful presence for over a year and I am not married, I have no 245I to back me up, my mother those day was not permanent resident that's why she couldn't apply back then before 2004...

Now My solely question is without repeating myself how to reopen my closed I130 that i 've got cancelled for lack or communication for more than a year after my Visa in my country was current?

I know that I need to go out to my country to get the visa and reenter USA again, but please answer me if you can as to what to do now how to proceed with my case and not loose 8 - 9 years of my life waiting ?

Please I know you need all the info you can collect, but certainly reopening my case is my priority.

best regards.
 
looking4guide said:
Ok,

So I came to USA when I was 20 and got TPS when I was 21 and had unlawful presence for over a year and I am not married, I have no 245I to back me up, my mother those day was not permanent resident that's why she couldn't apply back then before 2004...

Now My solely question is without repeating myself how to reopen my closed I130 that i 've got cancelled for lack or communication for more than a year after my Visa in my country was current?

I know that I need to go out to my country to get the visa and reenter USA again, but please answer me if you can as to what to do now how to proceed with my case and not loose 8 - 9 years of my life waiting ?

Please I know you need all the info you can collect, but certainly reopening my case is my priority.

best regards.
Click to expand...

For the third and LAST time--HOW DID YOU ENTER? If you won't answer that, then don't bother to respond at all, INSTEAD go hire another incompetent lawyer!
 
I thought I did, when I said I don't have a 245I to back me up..


That means I entered without inspection....

but thanks for your kind help...
 
looking4guide said:
I thought I did, when I said I don't have a 245I to back me up..
Click to expand...

Having or not having 245i says nothing about whether you entered legally or without inspection.

Some people qualified for 245i after entering the US legally. Some who entered illegally didn't qualify, some did. Same for those who entered legally.

Anyway, due to the combination of (1) no 245i, (2) entering without inspection, (3) not qualifying as "Immediate Relative" and (4) having over a year of unlawful presence before acquiring TPS, you can't stay in the US to adjust status, and leaving the US would trigger the 10-year bar.
 
Last edited by a moderator:
Hi,

Appreciate you help, but it seems that my question is not been understood correctly, I know I will have to go to my country to get my Visa, and also I understand that I am very clear as to I will get bar out for 10 years..

Again please help me if you can , simple question is How do I reopen my mother's I130 that she filled and was closed by Immigration service?

here the question again
My mother then a resident permanent apply for i130 , my priority day was 24 march 2004 , the lawyer back in those day filled our application and it went fine..

Then a year before my priority was up we went to a different person to change the address and to update the petitioner from Resident to Citizen and to let them know that to please send the package to our new address , we sent then the letter by certified mail weeks later we received a letter from them letting us know that they changed the petitioner from Resident to Citizen and that they successfully updated to our new address.

Now when the priority day was current , they sent the package to our previous lawyer that we only paid to fill the I130, and lawyer sent the package to our old address since at our current address that we successfully changed with Visa department never got any package I was negligent to wait for too long, by the date I realized all went wrong we hired a new lawyer he saw all my documentation and missed the letter we sent and received updating our current address with the Visa Center..

He responded to Visa center letter asking why we didn't contact them in a period of a year , this lawyer sent a letter saying that our previous lawyer made a mistake.. This was not enough for Visa Center officer and decided to close the petition I130..

I have hired another lawyer, he say he will make a petition or reconsideration , but we went to his office and he hasn't done anything to Immigration or even communicated.. he asked in advance 1000 usd and 2 months has passed since we hired him... and nothing I feel doomed 9 years wait thrown away.. and I have to pay more money because I have signed a contract with this new lawyer..
Click to expand...

Please if you know the answer I will profoundly appreciate you reply..
 
looking4guide said:
Hi,

Appreciate you help, but it seems that my question is not been understood correctly, I know I will have to go to my country to get my Visa, and also I understand that I am very clear as to I will get bar out for 10 years..

Again please help me if you can , simple question is How do I reopen my mother's I130 that she filled and was closed by Immigration service?
Click to expand...

File a Motion to Reopen, with the relevant evidence and explanation.

But even if the motion is approved and they reinstate the I-130, it would be useless anyway due to the 10 years you have to wait outside the US.
 
Thanks a lot for you kind help,

What I been told is that I can tell Visa center that I will wait and receive my Visa here instead of my country and they will storage it until there is a similar 245I or the 245I itself gets reinstated, meaning my case will be recorded and

when the possibility comes by I will finish my process of Residency here in USA. As of now having TPS allow me to stay here legally without much issues , I just have to renew it every year...

Hopelessly all what happened in my original post will be enough to make them reconsider their decision and open again the case..

Jackolantern and BigJoe5 thanks for your kind support without asking anything in return , for giving your acknowledge away for free.. thanks a lot.
 
INA 203


(g) Lists.- For purposes of carrying out the Secretary's responsibilities in the orderly administration of this section, the Secretary of State may make reasonable estimates of the anticipated numbers of visas to be issued during any quarter of any fiscal year within each of the categories under subsections (a), (b), and (c) and to rely upon such estimates in authorizing the issuance of visas. The Secretary of State shall terminate the registration of any alien who fails to apply for an immigrant visa within one year following notification to the alien of the availability of such visa, but the Secretary shall reinstate the registration of any such alien who establishes within 2 years following the date of notification of the availability of such visa that such failure to apply was due to circumstances beyond the alien's control.

Without having all the facts as to dates of initial notification etc... You will have to figure out how your particular time line falls inside or outside of the above statutory provision.
 
BigJoe5 said:
INA 203


(g) Lists.- For purposes of carrying out the Secretary's responsibilities in the orderly administration of this section, the Secretary of State may make reasonable estimates of the anticipated numbers of visas to be issued during any quarter of any fiscal year within each of the categories under subsections (a), (b), and (c) and to rely upon such estimates in authorizing the issuance of visas. The Secretary of State shall terminate the registration of any alien who fails to apply for an immigrant visa within one year following notification to the alien of the availability of such visa, but the Secretary shall reinstate the registration of any such alien who establishes within 2 years following the date of notification of the availability of such visa that such failure to apply was due to circumstances beyond the alien's control.

Without having all the facts as to dates of initial notification etc... You will have to figure out how your particular time line falls inside or outside of the above statutory provision.
Click to expand...

I received the termination notice 4 months a go..

Got to move quickly..

regards BigJoe5
 
looking4guide said:
I received the termination notice 4 months a go..

Got to move quickly..

regards BigJoe5
Click to expand...

You are not being clear about exactly WHAT you got and WHEN.

You must figure when THEY first notified YOU that a visa was available. A year after that, they scratch you off the list. You have two years from then to convince them that something prevented you from seeking a visa.

You had mentioned something about a notice being sent to the old lawyer quite some time ago and then things got muddy...
 
Well,

I have to be frank , We never got a notice from them asking why we didn't contact them after a year my visa was up , because supposedly by the original lawyer that filled the I130 they received the package and sent it to the old address and then a year after they received another notice asking them why a year had passed without us responding or contacting them with support final paper work..

My priority data was 23MAR2004 Family sponsored F1 non Mexican or Philippines origin , at this point they are 01Fe20045..

The moment I realized that a year passed from my current priority day , I and Mom called NVC and talked with Costumer service representative about January 2012 , he stated that they sent a notice Nobember 26 2009 saying they approved the case for processing and then sent another notice in 26 November 2011 why we haven't contact them..

The we hired another lawyer he sent a letter to NVC explaining that the original lawyer made a mistake.. then is when they sent another notice replying to that previous letter and let us know that they closed the petition and or case ..

But what happened is that the second lawyer missed some information in the paper work, a year before November 2009 when was ready for processing we sent letter to NVC changing the address and asking them to sent the processing paperwork to our current actual address..

I believe by heart maybe I am wrong that I could fight this decision and make them reconsider and to reopen the case again, then is why I have hired a third lawyer but 2 months has passed since I hired him and not even communication had made to NVC.. I went to his office same paperwork the he filled when we first met and asked me instead to call my country and find out who is on charge of visa processing in the embassy of USA over there..

I feel doomed , feel like I lost 9 years of my entire life..

See if you can give me some hope or where to go, a lawyer that fight this cases and know how to proceed..

regards.
 
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