strange NIW case, please comment

R

richard75

Registered Users (C)
Hi all

My NIW case is very strange. Please give me some information or comments. Thank you.

I am applying NIW in the wireless as a research engineer. In my orginal petition, I include CV , basic everything as usual. BTW, I have a lawyer do that for me. Initially, I send 6 recommendation letters there. one from my Ph.D advisor, one from my current colleague, and 4 from total independent professors who don't know me before. These 4 guys including IEEE fellow, professors from Austin, UM Amherest etc.

Then I got RFE last November. The language is almost same as the guys who posted below. I send over new RFE on 02/05. Now, the problem comes. My lawyer didn't provide a lot to answer the INS' question such as what is my research plan etc (I think this maybe a BIG problem now, I think I trust them to much). In stead, they argue the INS with the law saying since there are 4 totoal independent expert testifying that I am good, the INS can not say I am not. In the new package, my lawyer also includes 3 new reference letter, one from my current boss, 2 more independent experts from universities such as U - Washington. Also, he includes the proof that I am a reviewer for the IEEE Transcantion and 16 previous AAO cases to say they should approve my case.

Today, after two weeks, when I check the status online, it is said that "On February 19, 2003, this case was transferred to our Administrative Appeals Office for review. That office will notify you of any further action taken on this case".

As far as I konw, the proper procedure is that they should first deny my case then I can decide whether I should appeal to AAO or not. However, I didn't receive anything at this moment. It is just strange.

Could anyone comment on this and what do you think I did wrong?

Thanks

richard
 
I think your lawyer screwed up. The lawyer used the kind tones made the immigration officer feel that the lawyer was arguing his initial decision. The process then will take much longer than a normal REF case.
 
I just know it.

That's what I am thinking. I am thinking to refile the case now. I have two copies of recommendation letters. The problem is that do you think there will be any negative impact?
 
At least in Texas Center, they cross-reference in their database for all petitions, if they know there is a pending appeal, they will not take a new petition. Any a petition in the same category will be much harder. I don't know how to advise you more, but you should talk with your lawyer about that, or maybe any other good lawyer.
 
richard,
You should definitely beat your lawyer up, he has really created a mess. As a matter of fact attorneys are more pain than help. But anyway since there is no other option so you should give a try with new petition. However, this time you will also have to give evidence that your qualifications have significantly improved compared to last time. This time file yourself.
 
I suggest telling your lawyer to withdraw the appeal and then file a new petition. You either do it yourself this time or find a better lawyer. Good luck.
 
The strange thing

Thank you guys

The strange thing is that it seems INS didn't either deny or approve my case at this moment. They simply transfer the case to AAO. As a result, there is no appeal from my side, thus, I don't know how to withdraw appeal.

That's the strange thing. It seems that they can not decide what to do with my case so they need guidance from AAO.

Are there any guys heard to this kind of instance before?
 
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