What is infopass? What can be accomplished at one?

[Al Southner]

Douche bag...

And Al, though some of what you are saying is true, you are just a douche bag that I won't even bother giving a lengthy reply to.

To say that I "caused this mess in the first place" is utter stupidity and a slap in the face in addition to what happened.

That would imply that you would have expected me to have my wife lie about me still having a job at our PR interview - and that's idiotic.

The only thing I can accept partial responsibility for is not having a cosponsor beforehand at my interview - but I had faith that our paralegal was steering us right and she did not recommend one.

Timmy,

Thanks for the nice title... douche bag... You are a doofus.

Question for you: At the initial interview for I-485, did the IO ask you if you still work for the same company or NOT? Listen, there is a difference in being asked whether you are still employed and volunteering information which is essential, BUT NOT REQUIRED unless you are directly asked. However, if you wanted to be a HERO, by volunteering this info without being asked, then you are reaping the rewards of your heroism. Oh....oh....oh....oh.....oh....oh....oh

Your dad is right, why did you needed to hire a para-legal for this process? Man, your dad is able to do the forms in a correct manner, but YOU ARE NOT ALE TO DO THEM CORRECTLY for youself..... All the money which you are wasting on these people could have been used to wine and dine with your wife. remember this: each generation is supposed to be better than the previous one, but I am afraid, your dad seems to be better able to deal with the current USCIS bureaucracy than his own son.... I wonder who lives in the old age... your dad or YOU... YOU NUT...

Lastly, I am glad that your anger is slowly evaporating, because deep down in your heart, you know that we are telling you the hard truth which is going to set you free from foolishness. If your lawyer has to consult with other lawyers about the process and time it will take, then I'd be concerned. Drop your lawyer and do the right thing for you wife: REFILE A NEW I-485 for her sake. YOU CAN FIGHT WITH USCIS once she has her greencard, and she can be out of harm's way of your ignorance. This is what you are doing, fighting an agency with your wife's lack of greencard on the line, but you are punishing her in your foolish quest....

Oh...by the way, you are a soup nazi....

 

[timmy_d11]

The officer asked my wife straight up, "Is your husband working?"

We volunteered nothing but the truth to that question.

 

[timmy_d11]

And the only reason that the lawyer that we spoke to is looking into the timelines for other "motions to reopen" is because he is probably in agreement with you that a complete refiling may be the better way to go as far as getting this done quicker. But if other people are having luck with quick turnarounds with motions to reopen, that would be the easiest way to go with the least amount of work to do.

I can understand this.

 

[Al Southner]

Settled...

The officer asked my wife straight up, "Is your husband working?"

We volunteered nothing but the truth to that question.

Timmy,

Point well taken. No more assumption on this issue.

Once again, you seems to know very little about your wife's case than you should. For example, you don't know whether the I-130 was approved, it is a bad thing not to know. However, I can safely assume that it was approved, hence yo were called in for an interview for I-485. Also, did you file for employment authorization with your petitions?

If not, then you should have or that para-legal should have done it. Hence they are called para...semi, not professional lawyers. So, my spanish is not good, but there is a saying in spanish (english version): "the cheap comes out expensive" How???

Since you opted to use a para-legal for less money, then now you are going to pay more for the right service from a professional who can help your case. So, if you wanted to use a lawyer, you could have paid for a real one, who could have advised and made you aware of the alternatives to your case. So, the cheap comes out expensive... you are going to pay more for the service of an attorney. Personally, I don't think you need an attorney, just refile a new form and be done with this in Feb 07.

Ok...benya... use your new found advises to secure freedom for your wife...

 

[timmy_d11]

Yes, my wife HAD work authorization, which was cancelled due to the petition for permanent resident being denied.

My $#up!d paralegal was not even aware of this, despite the fact that she has a copy of the disapproval in which it states that right in it.

But she still has the actual card - not that I'd want her using it until it's legitimate again.

 

[TheRealCanadian]

But if other people are having luck with quick turnarounds with motions to reopen, that would be the easiest way to go with the least amount of work to do.

There are two things that need to be considered here. First, how long does it take for USCIS to process an MTR, but second (and even more important) how likely to succeed is an MTR? Right now, NY takes around 8-9 months to process an I-485. If it takes them 90 days to process an MTR but they refuse to reopen the old case, how does that help you?

If you didn't have a cosponsor and weren't employed, then your wife didn't qualify for permanent residence and USCIS was correct in denying her case. Unless you have some evidence that the DAO offered you two days to find a cosponsor, then said offer never occurred in USCIS' eyes and the MTR is doomed to fail. Most MTRs that succeed do so because USCIS makes a clear error in law or fact. Your wife didn't have a sponsor meeting the requirement at the time of the interview (fact), and the law prevents her from becoming a PR under such circumstances.

That's why I'm so pessimistic on the MTR; I don't see the odds of success as particularly low. But what did your attorney say?

And while Al's comments and insults are most unhelpful to this dialogue, he does point out that you should be able to track your I-130 status. What is the receipt number for the I-130? What does the Online Status say for your I-130 and your I-485?

I don't much care for attorneys or paralegals; in most cases they are glorified form-fillers who cannot be relied upon to even do this basic task correctly and survive solely based on most immigrants' (and their US citizen relatives') inability to take a proper, active interest in such a critical process.

 

[timmy_d11]

You're right - the offer by the officer at the interview to give me 2 days to come up with a cosponsor was only verbal and I have no evidence this occurred.

On the other hand, I did straight up ask the officer in Manhattan at the infopass if she believed that the officer at my interview had given this offer, and she said "yes".

It's unfortunate because it looked as though she was willing to help me but could do ABSOLUTELY NOTHING with my file in Garden City. (Such bull$#it that infopasses are not given at Garden City with files there)

I think it would really come down to if the officer that receives the motion to reopen is DECENT ENOUGH TO BELIEVE that I was given 2 days to get a cosponsor, did get the cosponsor in time (have proof of that) and reconsidered based on that.

Is that risky?

From what you are telling me it is risky.

The lawyer I spoke to said that he would write and fill out a sworn affidavit about the conversation that we had with the USCIS officer at the permanent resident interview and the subsequent offer by her to give us 2 days to get a paralegal - BACKED UP BY a motion to reopen citing certain applicable laws.

That's the best way that I can explain what he told me that he would do.

I'm tempted to write a detailed letter to both of my senators - perhaps someone in their staff would believe me and be inclined to light a fire under their asses in Garden City - I would not expect too much to come from it but they sure have more power than me, and probably enough power to make someone at USCIS act.

 

[TheRealCanadian]

Is that risky? From what you are telling me it is risky.

I don't think it's risky, I just don't think it's likely. The affadavit seems like the best way to go, and if you can provide proof that additional evidence was provided within the time frame, there may be a chance.

Out of curiosity, what applicable laws or regulations does your attorney intend to cite, in addition to the affadavit? I'm more familiar with EB cases but I'm not aware of grey areas in the sponsorship requirement or any other evidence required at interview. Either you have it, or you don't.

What happened to the I-130 petition? What does the USCIS web site say?

 

[timmy_d11]

I don't think it's risky, I just don't think it's likely. The affadavit seems like the best way to go, and if you can provide proof that additional evidence was provided within the time frame, there may be a chance.

Out of curiosity, what applicable laws or regulations does your attorney intend to cite, in addition to the affadavit? I'm more familiar with EB cases but I'm not aware of grey areas in the sponsorship requirement or any other evidence required at interview. Either you have it, or you don't.

What happened to the I-130 petition? What does the USCIS web site say?

It is my understanding that the sworn affidavit would be given IN CONJUNCTION WITH the motion to reopen, if that's the route we go.

I have proof that we got the cosponsors package to the USCIS office within the time given, but I DON'T have "proof" that this offer was made.

I don't know what laws the lawyer would cite - he's the lawyer, I'm not!

Don't know about the I-130 yet, haven't checked, but like Al said, wouldn't that have to be approved to get to the permanent resident interview step?

 

[TheRealCanadian]

It is my understanding that the sworn affidavit would be given IN CONJUNCTION WITH the motion to reopen, if that's the route we go. I don't know what laws the lawyer would cite - he's the lawyer, I'm not!

You really should ask him to explain, and you should not proceed until you understand what errors USCIS have made in denying your wife's petition. Until he can do so, I would not feel comfortable paying for the MTR.

Don't know about the I-130 yet, haven't checked, but like Al said, wouldn't that have to be approved to get to the permanent resident interview step?

Not necessarily; USCIS may approve them both at the interview.

 

[tschernobyl]

Wow, I basically read the entire thread, hoping to find out some good news about Timmy's case. Instead I found reading this thread rather disgusting.
I'm not going to jump in on it, I'm sure you all realize the first page of this thread is full of senseless lecturing.
I visit alot of boards that aren't related to such serious things as immigration and the likes, so I was really surprised that some of the people here found it neccessary to continue a personal arguement in a post which was initially made to get answers/moral support/advice, pretending to contribute to the case or change the way Timmy feels.

I can only imagine what he must feel like, imagine having alot of faith, trusting a parellegal to handle your case, thinking your giving it into the hands of someone who knows what they're doing.
Imagine you have enough faith to tell the truth in an interview situation, knowing it's to your disadvantage. Imagine you do all this and the officer offers you a timeframe of a couple of days to do whats right and get your case approved and it never happens! How disappointing and aggrevating is this?

I've been so upset reading this thread. Timmy, you seem like a smart guy. My husband and I have had a very hard time deciding if we should get a lawyer and financing living our lives together for good.
We decided not to get a lawyer, we figured we could find out everything we need to know through reading and more reading.
I found this forum only a couple of weeks ago, wishing I would have found it earlier because there's so many friendly people with experience here, not to mention the moral support. Thinking people on here can relate to you, they are or have been going through it themselves.

So back to you Timmy, I would also say don't waste any more of your money on parallegals or lawyers, use your time to read through the instructions and laws, feel confident knowing your rights and be optimistic, engage your wife as much as you can. Does she have an EAD, can she work a little? If so great, if not try and file for the EAD and keep on working your financial situation out together. If she can't see her family, why not let her family come to see her...maybe it's not that easy. But I'm trying to say, step back take a look at the facts and figure out how to make things a little better for the both of you.

I can imagine it's hard for you. But there really isn't a way around it. Coming from Germany I've grown up in a lot of bureaucracy, I've learned to not trust any verbal statement or information given to me by the government.
Unfortunately for you, this is one of those cases where you wish you could rely on a decent persons word. But sometimes it just doesn't happen that way.

Everyone should realize, we are spitting our hearts out in front of each other. And yes it's the internet. But this is a community where we're reading high impact stories and we should treat it with some respect.
Now I have a big potty mouth and I make an effort to use proper language when I post here.
But I wouldn't go as far as demanding it from everyone who uses the forum, especially not when they are using bad language to describe a situation instead of calling someone a name or so.

However, I hope you're getting it straight as fast as possible.

 

[timmy_d11]

So back to you Timmy, I would also say don't waste any more of your money on parallegals or lawyers, use your time to read through the instructions and laws, feel confident knowing your rights and be optimistic, engage your wife as much as you can. Does she have an EAD, can she work a little? If so great, if not try and file for the EAD and keep on working your financial situation out together. If she can't see her family, why not let her family come to see her...maybe it's not that easy. But I'm trying to say, step back take a look at the facts and figure out how to make things a little better for the both of you

tschernobyl, thank you so much for the compassion and understanding that I had kind of hoped for when I spilled my guts here.

Some people here notice my anger and frustration and ASSUME that I bring that with me to the USCIS office, and ASSUME that I am not taking any other steps to fix my wife's situation - it's really absurd - common sense says that if I am a bright guy, which I am, I can express anger here AND be assertive but respectful with the people that handle our lives (the USCIS office) - AND take the necessary steps to make my wife's situation right.

TheRealCanadian gave us some advice that turns out to be good advice - it MAY very well be faster and more of a "sure thing" to (unfortunately) pay the high price and submit EVERYTHING all over again - completely refile. Our lawyer seems to be leaning that way also.

My wife feels more comforted knowing that our lives are in the hands of what is hopefully a professional - a lawyer.

It's unfortunate because I'm becoming more and more convinced that we could probably fill out our own forms and refile on our own - but neither of us want to take the chance of doing something wrong, leaving something out and having our cases / files / lives being put back on the very bottom of the USCIS pile of things to do.

I don't think her 11 year old daughter can come here.

And, yes, she HAD an EAD work authorization, but it appears as though it was cancelled along with the decision of disapproval for permanent residence.

 

[TheRealCanadian]

Some people here notice my anger and frustration and ASSUME that I bring that with me to the USCIS office, and ASSUME that I am not taking any other steps to fix my wife's situation - it's really absurd - common sense says that if I am a bright guy, which I am, I can express anger here AND be assertive but respectful with the people that handle our lives (the USCIS office) - AND take the necessary steps to make my wife's situation right.

News flash: People make inferences and assumptions based on what they have seen thus far.

It's unfortunate because I'm coming more and more convinced that we could probably fill out our own forms and refile on our own - but neither of us want to take the chance of doing something wrong, leaving something out and having our cases/ files / lives being put back on the very bottom of the USCIS pile of things to do.

Since your wife's case was only rejected because of a lack of consponsor, why would you have this fear? It's obvious from the last time around that you filled out the forms correctly. And for the third time now, what is the status of your I-130?

I don't think her 11 year old daughter can come here.

For someone who goes around telling us not to ASSUME things, what causes you to make this assumption? If she's your stepdaughter, you should be able to petition her for a K-4 visa, as well as file an I-130 for her.

 

[timmy_d11]

News flash: People make inferences and assumptions based on what they have seen thus far.

Yeah?

So why did tschernobyl come away with a completely different view of me?

Since your wife's case was only rejected because of a lack of consponsor, why would you have this fear? It's obvious from the last time around that you filled out the forms correctly

WE DIDN'T fill out our own papers - our paralegal did.

Apparently SHE got that much right.

And for the third time now, what is the status of your I-130?

I still have to look into that - I have been doing other things - I'll try to do that in the next hour and give you an answer on that.

For someone who goes around telling us not to ASSUME things, what causes you to make this assumption? If she's your stepdaughter, you should be able to petition her for a K-4 visa, as well as file an I-130 for her.

PERHAPS you're right about going that route. I'm just saying that we can't arrange for her to come for a VISIT.

Honestly, I'm just trying to take care of my wife first - but I guess I COULD take care of both - but if I utilise a lawyer it's going to get way too costly and I'd like to take one step at a time.

Since you do seem to be such an expert, EXACTLY what forms do I have to refile FOR MY WIFE, and what copies of documents MUST accompany those forms?

 

[Heretic]

After reading the memo Al posted, it does appear DAO's can choose to withhold adjudication by issuing what is essentially an RFE, at the interview. How did you leave off with the DAO exactly? Is it possible your case is actually still open? To echo TRC, what the deuce is the status of your I-130 and 485? It's almost impossible to draw accurate conclusions or offer advice without that information.

 

[timmy_d11]

After reading the memo Al posted, it does appear DAO's can choose to withhold adjudication by issuing what is essentially an RFE, at the interview. How did you leave off with the DAO exactly? Is it possible your case is actually still open? To echo TRC, what the deuce is the status of your I-130 and 485? It's almost impossible to draw accurate conclusions or offer advice without that information.

How can my case still be open when the USCIS sent me a notice with a statement that said "DECISION" across the top and then proceeded to say the my wife was ineligible for change of status to permanent resident essentially because I lost my job, then proceeded to say that I could not appeal the case but had 30 days to file a motion to reopen or reconsider, stated that any work authorization given with the filing of the petition is now cancelled, then stated that my wife is eligible for a voluntary departure from the country?!

I'll see what I can come up with about the I-130 and 485.

 

[timmy_d11]

Well, this is what I'm getting for the I-130:

Case Status Search Page

Validation Error(s)
You must correct the following error(s) before proceeding:



To view the status of a case, please enter the corresponding application receipt number. The 13-character application receipt number can be found on application notices you have received from the USCIS. It begins with three letters such as (EAC, WAC, LIN, or SRC). Dashes ("-") should be omitted when entering a receipt number. However, all other characters, including asterisks ("*"), can be included if listed on your notice as part of the receipt number. See the FAQs for additional information on this system.





LET ME TRY THE 485.

 

[timmy_d11]

And this is what I get for the 485:

Case Status Search Page

Validation Error(s)
You must correct the following error(s) before proceeding:



To view the status of a case, please enter the corresponding application receipt number. The 13-character application receipt number can be found on application notices you have received from the USCIS. It begins with three letters such as (EAC, WAC, LIN, or SRC). Dashes ("-") should be omitted when entering a receipt number. However, all other characters, including asterisks ("*"), can be included if listed on your notice as part of the receipt number. See the FAQs for additional information on this system.

Application Receipt Number

HAPPY?!

 

[kevinglenn]

Timmy I've been following the conversation cum verbal fisticuffs and I'm inclined to think ur problem is too much reliance on paralegals and lawyers.

The application and stuff is pretty much self-explanatory...if ur case is pretty much straight-forward as it was for u in the beginning, u don't need a lawyer...u only need one when it's complicated or when u get stuck in a sticky situation. Paralegals are a different breed, personally, I don't trust 'em...I mean think about it...anybody can be a paralegal in two years...sometimes less...It's like relying on a notary public(that's just my opinion)...Don't get me wrong...Paralegals have their uses which I don't believe includes offering legal advice on immigration matters...

There's no use crying over spilt milk..u harboring a lot of anger...probably justified...except u're directing it at the wrong people...if it makes u feel a lot better then by all means please proceed but I have reason to believe it does nothing to improve ur wife's situation.

When u lose ur job, it affects ur ability to be a sponsor...it's the procedure...maybe u did the right thing by stating the fact that u lost ur job right before the interview...or maybe u should have chosen the path of least resistance, if u get my drift. Besides determining the legitimacy of a marriage, USCIS is also concerned that a beneficiary would not become a public burden..which explains why u losing ur job is a big deal....sometimes it's not...but hey, different strokes for different folks.

With regards to the INFOPASS...I think u can schedule one urself on the USCIS website..and if I'm not mistaken..u can choose where u want it. Secondly, there's no definite way to determine processing times...first u can look at the highly unreliable processing times on the USCIS website which serves as a cut-off point and a basis for filing a case enquiry and then u combine that with the timelines of other applicants in ur DO on this and other websites.

U're wasting ur time and money on the lawyers and paralegals.

When u dealing with any bureaucracy..u've got to take into account Murphy's law..anything that can go wrong will go wrong...I understand the suspense and uncertainty but there's no quick fix to this problem. First u need to schedule an INFOPASS urself ASAP and figure out which way to go next...

The reason some suggest MTR is that sometimes it's faster and less expensive than going back and forth with USCIS...especially in ur case since u're dealing with a lawyer But then again there's no way to tell until u know the result of ur INFOPASS appointment.

There're people in worse situations than urs...some get stuck in namecheck forever for no apparent reason...others get arrested at the interview...some get their files lost...we all have our stories...USCIS is not picking on u...their uncanny ability to mess up is universal for the most part...u just do what u gotta do.

Nobody knows the exact circumstances of ur situation..we only go with what u state in ur thread...there'd be assumptions and misanalysis along the way..u can't let that get to u.

Good luck.

 

[timmy_d11]

I talked to a woman from Congresswoman Sue Kelly's office and she also thinks that it's a waste of money to hire a paralegal or a lawyer, who generally "take advantage" of people.

For example, I showed 2 lawyers our paperwork prepared by our paralegal, and OF COURSE there were things wrong with them -

but WERE there critical things wrong with them, or were they trying to scare us into hiring them? I just don't know. It could be one, the other, or a combination of the two.

HOWEVER, the woman from the congresswoman's office DID suggest seeking the help of Catholic Charities, who have lawyers and paralegals help out with immigration matters, AND who charge on a "sliding scale", depending on how much money that you earn or your financial situation.

SHE ALSO suggested that I fax and mail a letter to Senator Clinton and Senator Schumer, explaining my situation, and requesting that THEY put in a SERVICE motion to reopen to the supervisors at USCIS Garden City, which I will work on today.

Does anyone here have experience with dealing with Catholic Charities?

I think seeking legal advice and assistance through Catholic Charities COULD be a good happy medium, for my wife, who is SICK of taking chances and wants to go straight to a lawyer, and myself, who partially agrees with her. We could probably get the same assistance for less money there than through a lawyer on the outside.