Please Help: Notice of Intent to deny

J

JustChecked

New Member
I have been waiting since Sept 1996 to get this message on the AVM this morning " Notice of intent to deny has been sent on April 9..".

I called the lawyer immedately. It seems he had called VSC and spoken to an IIO, who told him to wait for the notice to arrive in mail and that he/she did not have any further information as to the reason for the "notice for intent to deny..".

The lawyer confirmed that my stay in the US seems ok, and that I have not been out of status. My educational qualifications seem ok. He was as much in the dark as to what the reason could be...

Details:
EB3
PD sep 1996
ND Sep 1, 1999
RD Sept 21, 1999
FP Aug 30, 2000
FP (Redo for wife) Nov 13, 2000
AVM message (Notice for intent to deny) April 9, 2001. This message is only attached to my EAC number.

Please help. Don\'t know what to expect after waiting this long.
 
No Title

Don\'t worry much. Stay calm and wait for RFE notice to know what it is for. Most of the times(99%) the Intent to Deny RFE\'s issued regarding status. Though you never been out of status they might need little more information about your status since you have first arrive here. I\'ve seen many Intent to Deny cases on this forum none of them was actually got denied, all were get approved after they submit relevant information to prove their legal status. Even you were out of status for a while that is not a big problem, you can over come this problem by paying $1000 fee. I hope this helps.

Would you mind to Add or update the tracker with your latest developments. Thanks.

Here is the link if you want to
http://www.immitracker.com/app/index.html?sc=VSC
 
No Title

Thanks for updating the Tracker.

I wish you GoodLuck in getting your GC approval soon.

Keep us posted with your developments.
 
No Title

Hi
just wanted to let you know that you are not alone. We too have been waiting forever and when we called up last week found that they were going to issue an intent to deny for me and my husband\'s case is still with an officer.

Further they said that it would take a month to get the letter that explains the reason for ITD. BTW I have never been out of status.

Let us pray and wait some more. Keep us updated.
EB2
India
PD 2/97
ND Oct 99
FP 03/01
 
No Title

The intent to deny was generated as INS believes I was out of status. The is the cause. I drove to canada to get my H1B visa, was refused, and re-entered the US using my H1B papers (which according to my attorney is legal as I re-entered within 30 days). On re-entry the INS officer did not stamp my passport with the date of entry. And since I did not have a H1B visa in my passport and I re-entered within 30 days, the INS port authorities did not issue a new I-94. They left the same I-94 card in my passport.

I have a stamp in my passport by the Canadian port authorities for my entry into Canada.

INS did say that I can take the 245(i), but my attorney feels that we should explain this situation to the INS, because I was inspected and allowed into the country. The fact that I do not have a stamp in my passport is through fault of mine. But I have read so many articles that say that, it does not matter whose fault it is INS needs the evidence.

I have been trying to think what could be considered evidence fot his. I drove in my car. I did stop for gas on the US side after re-entry.

What are the circumstances, if any when the 245(i) can have any problems?

I need all the help...
 
No Title

Which evidence is INS looking for? The evidence for your entry back from Canada to US? But you have the valid H1B approval paper, right? I don\'t think it is your fault.

The entry of US(Custom and Immigration) usually is located in the Candadian airport, no stamp there if you come back within 30 days, after that, the flight is considered US domestic, so no stamp at the US airport either. Keep us updated please.
 
No Title

Can someone clarify.
The situation is :
Went to Canada to get H1 multiple. (denied)
Entered US with H1 papers.
Went through the whole GC process.
Went to India using Advance Parole.
Got Letter of "Intent To Deny" asking to prove validity of status.

My questions are :
1) Person entered US by road with H1 papers from canada . No stamping on passport on entry. Is it legal or illegal ?
2) Does the person have a valid status ?
3) Do they stamp passport if you fly from Canada to US ?
4) Adv. Parole checked at entry point when returning from India and new I94 given. So does it mean INS considered it
valid status ?
5) Can the person apply for i 245 ?
6) Can the person start afreash by doing consular processing ? (Have only 6 months on H1)

Thanks for your help.
 
No Title

I actually had H-1 stamped in Canada and I drove across the border. My passport was stamped both on entry and on exit (I went through West Coast, the road that goes from Seattle to Vancouver), so I am not sure why your\'s wasn\'t.
 
No Title

I heard that if you travel to canada and come back within 30days then they dont stamp the passport on entry to US.
The Point of crossing was the Peace Bridge on East Cost (Fort Erie)
Looks like they stamp on W.coast (from Ivy2000\'s posting)

Thanks for all your comments
 
No Title

Can someone throw some light on the 30day rule. Is it true that if you enter canada with your h1 papers within 30days
you dont get stamped on your passport ?

GCfix
 
You must log in or register to reply here.
Top