What is infopass? What can be accomplished at one?

[Al Southner]

Advise...

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.

Timmy,

Personally, I haven't dealt with catholic charities organization, but from reviews I have read, they are very good, but have a specific categories for whom they can help. So, you should look at this website for further information in your area:

http://www.catholiccharitiesinfo.org/states/NY.htm

Personally, I would not recommend a lawyer for your situaion, because as I have said in the previous posting to your issue, your case is very simple and you just need to refile a new I-485, G-325A and I-864 and you will be on your way to the Green Card Land. There are lawyers who pounce on the weakness of potential client, because they need money from you. As such, you present to them a simple case, but thrown in all latin words on you, next thing, you sign a $1500 retainer and the fees pile up, end up screwing you for $5000. For what????? Just to refile the same forms as I outlined in the post, which you personally you could have done. So, my friend, I feel sorry for your situation, and wish it could be different. However, I am not the "decider" on this matter, but YOU and WIFE.

On the senator's office opening a motion, THIS IS NOT GOING TO HAPPEN. Can you imagine how many cases they would have to open for each constituent? Generally, how the Senator's offices work is that you contact them, sign a release form for them to be able to access your case, THEY CAN write letters of inquiries to USCIS, BUT CANNOT open a MOTION FOR YOU. This will be your prerogative. Also, they canot evaluate the reason your case your denied and FORCE USCIS to approve your case based on the explanation you give to them.

Lastly, the motion to open a case is a cumbersome process which will take on average in NY, about 8-10 months. Also, the cons of this is that while your case is awaiting to be re-opened, then your wife's EAD card can't be activated for her to work. However, when you refile a new I-485, then she can get her card renewed while awaiting the second outcome of new filling. So, my advise: Refile and be done in 3 months, because your I-130 was approved. Also, stop dealing with your lawyer and rely on yourself, because as Kevin outline the Murphy's law, having a lawyer refile the paperwork doesn't guarantee that he will be perfect and won't make mistakes. Guess what, some of the worst situation immigrants find themselves in are becaused of their own lawyers whom they pay a whole lot of money

Write to Chuch Schumer's office in NY and Hilary's Office too.

http://www.senate.gov/~schumer/SchumerWebsite/services_for_ny/sny-services_for_ny_main.html

http://clinton.senate.gov/services/assistance/index.cfm


Moreover, see if you can't talk to the Congressman who represent your District, because the more influential people you have, the better. However, refile as soon as possible and don't waste time. If you like, I can send you a completed I-485, plus G-325a to give you an idea on how you go about it. Moreover, I will be prepared to review your forms should you so desire, we can talk about how we can protect your privacy in the forms, eg: No social security number, alient number, passport number or visa number, I can review the completeness for you. Oh... you can post it on this forms, and all the members who have submitted their forms can give you feedback on whether it has been completed accurately and we can ask you questions on various aspect of it.

My goal: ensure that this ordeal is finished, you and your wife are happy and she can go and visit her daughter. Hopefully, her mum will hold up until she is able to see her again....

 

[timmy_d11]

Thanks Al.

Tell me, what good is it to have Senators Schumer and Clinton look into your case if they have no leverage, and/or ability to persuade if something seems unfair in a particular case?

Granted, I did not have a cosponsor on the day of the interview, but I had one, plus everything that should have went with it 2 days later - it seems like a cruel BS technicality to force us to start over from square one.

What other things must accompany the new I-485, G-325A and I-864?

Taxes?
Transcript?
Birth Certificates?
Passports?
Marriage Certificates?
Previous divorce papers?
and on and on and on?!

 

[Heretic]

it seems like a cruel BS technicality to force us to start over from square one.

Nobody here disputes that.
It’s up to you to do a cost benefit analysis, decide what is in your best interest, and take the practical approach.
The infopass website doesn’t seem to allow one to schedule an appt at Garden City, even when using local zips. Perhaps an officer at the Manhattan location could somehow get you in touch with the DAO who conducted your interview? I just don’t know if anything can really be done at this point, since a lot of time has passed.
Doing a complete refile may sound defeatist, but it may be your best option from a purely practical perspective.

 

[timmy_d11]

Heretic, I concede to your point.

And like I said, it looks like Garden City doesn't do infopass appointments, and NYC was unable to get in touch with Garden City, or do anything for me with my file being in Garden City.

I conceded that the best thing I can do at this point is just refile.

Now I'd like you guys to concede that, despite that fact that I did not have a cosponsor at my interview, I got #uc#ed over every which way possible thereafter.

I mean, IF my #uc#ing case and file was in Manhattan the other day it looked as though something was going to be taken care of.

What's the #uc#ing odds that they treat an office like Garden City as just a satellite office of the main one in Manhattan, keep cases and files there, but DON'T accept infopass appointments to fix even the most minute #uc#ups, regardless of who's at fault.

It's just wrong.

And now I have to do what I have to do to fix it.

If it was deliberately ruthless and careless on behalf of our interviewing officer may she have 5 years taken off of her life - unless she'll suffer during those 5 years - I swear to the Lord Jesus if he exists - that is my prayer and wish.

 

[Al Southner]

Refilling....

Thanks Al.

Tell me, what good is it to have Senators Schumer and Clinton look into your case if they have no leverage, and/or ability to persuade if something seems unfair in a particular case?

Granted, I did not have a cosponsor on the day of the interview, but I had one, plus everything that should have went with it 2 days later - it seems like a cruel BS technicality to force us to start over from square one.

What other things must accompany the new I-485, G-325A and I-864?

Taxes?
Transcript?
Birth Certificates?
Passports?
Marriage Certificates?
Previous divorce papers?
and on and on and on?!

Timmy,

When refiling a new I-485, here is what you need to submit with the forms:

I-485, G-325a for your spouse, 2 passport photos- her name on the back and alien number, in the NOA from I-485 which I believe you should have, it will have your wife's alien number.

Evidence which you need to add with your form is: Wife's birth certificate, biographic page of passport, Visa page with entry stamps, copy of I-94 back and front, marriage certificate. Please send ONLY what is required, because excessive evidence which is NOT required doesn't help your case.

New I-864 plus tax returns and W2 from 2005, and your co-sponsor's W-2 and tax returns for 2005, employment verification letter of co-sponsors.
VERY IMPORTANT: make sure that your household size reflects your current or new household size.

I-693 Medical, not sure when your wife's old medical form expires, so to be on the safe side, you can do a new one, but you can get another copy from your physician. If lived in the Tri-State area of Washington, you could have done this exam for $89.00 and saved yourself some money.

If you wife was married in the past, then a copy of the divorce decree and English translation since it will be in Spanish. If she was not married, then you are fine. If you would like your wife to be working while this form is pending, then a new I-765, 2 passport size photos, back and front of the I-94 departure record. In the I-765, check box 3, renewal of my permission to accept employment and attach a copy of old EAD.

As I said in my previous post, personally I would review your forms to ensure that they are completed accurately based on what you would have written. Moreover, the people who are in this forum are very good and willing to help you.

Lastly, you have to look at the cost-benefit analysis of this situation. Refiling a new form will save you time and money, and will ensure that your case is given a new interview, you will be prepared along with your co-sponsor, so that when you go to the interview, you can have all the documents. Moreover, you will be accompanied by you co-sponsors, not that they have to be in the interview, but should they be required, you will have the luxury of calling them to attest to their ability to co-sponsor your wife. Also, when you refile a new form, you can forget about it temporarily, wait for the USCIS to respond to you and send your wife a new biometric FP. In the interim, you can find a new job which puts you in the position to sponsor your wife, who knows... you might not need a co-sponsor come the day of the interview. I mean, you could be going to the interview with your employment verification letter from your new employer, 3 recent pay stubs, and be approved and be happy...

I wish you the best....

 

[blackrussian]

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?!

Timmy, if 30 days did not pass yet, I would definitely file a motion to reopen. You don't need a lawyer, you can do it yourself.

You got stuck in a purely technical matter - you didn't have a co-sponsor, but now you have it - there's NO REASON for USCIS officer to deny your case any longer. Use the legal means available to you, MTR is the easiest way to get this situation back under control.

Also, after you file MTR, send a letter to the officer who interviewed you - very, very polite, and thanking her for her help in this matter. Tell her you followed her advice and got a co-sponsor, and filed MTR.

Good luck!

 

[Al Southner]

Mto

Timmy, if 30 days did not pass yet, I would definitely file a motion to reopen. You don't need a lawyer, you can do it yourself.

You got stuck in a purely technical matter - you didn't have a co-sponsor, but now you have it - there's NO REASON for USCIS officer to deny your case any longer. Use the legal means available to you, MTR is the easiest way to get this situation back under control.

Also, after you file MTR, send a letter to the officer who interviewed you - very, very polite, and thanking her for her help in this matter. Tell her you followed her advice and got a co-sponsor, and filed MTR.

Good luck!

Blackrussian,

If seems as if Timmy's 30 days have passed, so it will not work for him. For you, go ahead and refile and see what will come out of it. I wish you best.

Al

 

[timmy_d11]

My 30 days expires on the 27th of November, which is the weekend, so I understand I have until that Monday?

But a lot of knowledgeable people have told me that an MTR goes into USCIS HELL and may not resurface for over a year - then there is no guarantee that they'll reopen the case?!

I faxed Senators Schumer and Clinton 20 pages of related stuff - and tomorrow I will send them certified mail.

I will also look into Catholic Charities and see what services they have, how competent they seem to be, and what the cost will be.

And finally, if I am not convinced there I have an appointment set up with a lawyer to completely refile - I like the guy, but I can't afford to let costs get out of control, especially unnecessarily, so I have to keep my options open and try to find competent people that can help that won't financial cripple us.

 

[tschernobyl]

is your case so complicated thay you really don't believe you can handle it alone?

 

[TheRealCanadian]

But a lot of knowledgeable people have told me that an MTR goes into USCIS HELL and may not resurface for over a year - then there is no guarantee that they'll reopen the case?!

Of course there's no guarantee that they'll reopen. An MTR essentially says, "You (USCIS) made a mistake and made the wrong decision denying my case. Please look at it again." Again, it's predicated on the fact that a mistake was made and USCIS did something they weren't supposed to based on law, regulation or memorandum.

The problem with your situation is that I am hard-pressed to find out what mistake USCIS has made in your situation. You needed a co-sponsor at the interview, you didn't have one, case was denied. That's what the record will show, so in black and white there's no Service mistake that springs out at me. That's why I think that the odds of an MTR succeeding are low, and you're better off just refiling now, since it is likely that the MTR will sit around for several months, be denied and you'll have to refile anyways.

I am at a loss who you spoke to in Sue Kelly's office that would provide such strange advice. A US Senator cannot reopen a case, and a "Service Motion to Reconsider" is when USCIS notices their mistake and reopens. It's not something a Member of Congress can file, and having dealt with a Senator and US Representative for my case several years ago, I can tell you first-hand that Congressional offices can provide useful information and feedback into USCIS' inner workings and can get motion when you reach an impasse, but that's about it. They won't interfere beyond that.

I faxed Senators Schumer and Clinton 20 pages of related stuff - and tomorrow I will send them certified mail.

I would be hesitant to bombard one offices with lots of paperwork at this point; especially not two. You need to find one office that will be your point person and just go through them.

I have to keep my options open and try to find competent people that can help that won't financial cripple us.

Again, your paralegal appears to have filled out the forms correctly, and to be honest they're not exactly rocket science to fill out. If the forms were incorrectly filed first time around USCIS would have raised an issue then, so I am puzzled why you are so pessimistic about filling them out yourself based on what happened the first time around.

What format are your I-130/485 receipt numbers in? You got an error typing them into the case status system; I wonder why? My receipt was in the format EAC-02-022-53???; what format are yours in? I still want to see what that I-130 is doing.

 

[Al Southner]

How???

My 30 days expires on the 27th of November, which is the weekend, so I understand I have until that Monday?

But a lot of knowledgeable people have told me that an MTR goes into USCIS HELL and may not resurface for over a year - then there is no guarantee that they'll reopen the case?!

I faxed Senators Schumer and Clinton 20 pages of related stuff - and tomorrow I will send them certified mail.

I will also look into Catholic Charities and see what services they have, how competent they seem to be, and what the cost will be.

And finally, if I am not convinced there I have an appointment set up with a lawyer to completely refile - I like the guy, but I can't afford to let costs get out of control, especially unnecessarily, so I have to keep my options open and try to find competent people that can help that won't financial cripple us.

Timmy,

I am hard pressed to see how you are planning to keep your cost low while employing the services of an attorney. I can tell you this, lawyers are synonymous with money, I bet in a rubble of dollars, a lawyer can spring up from there, of all the professionals the world knows. Listen, I am not bad-mouthing lawyers, I am in the course of being one, but my interest is in Intellectual Property Law and Corporate Law.

However, I can tell you that lawyers can smell blood a gazzillons miles away, as I said in my previous post, a retainer is JUST that, A RETAINER for his services. When he writes a letter--$$$, when he calls USCIS and wait for an hour--$$$, when he has to accompany you to the inteview $$$, in the end, from my estimate, on average, you are going to spend at least $4000 with this lawyer. If I am wrong, let me know.

My question, how are you going to keep the cost of his service to your budget? Maybe I can learn something from you on this matter, so that when I practice law, I know this loophole, so that I can dish it out to my clients or ensure that they don't use it on me

Advise which RealCanadian offered: When dealing with Senator's office, you want to introduce yourself in a nice way, 20 pages doesn't seem an ideal way to introduce yourself. The staff of this people will resent receiving a long case, before they even know that they can handle it. Also, if you didn't sign a waiver of release, then it will be in the shredder.

cheers,

Al

 

[timmy_d11]

Of course there's no guarantee that they'll reopen. An MTR essentially says, "You (USCIS) made a mistake and made the wrong decision denying my case. Please look at it again." Again, it's predicated on the fact that a mistake was made and USCIS did something they weren't supposed to based on law, regulation or memorandum

I believe a "motion to reopen" gives new information and evidence, and a motion to "reconsider" tells them that they made a mistake - or vice versa - REGARDLESS, with the cosponsor I got within 2 days of the interview I am pretty sure there is an avenue to have them look at that and change their decision - one where there is not an issue over whether or not they made a mistake, but simply "Do I NOW meet the requirements to change my wife's status?".

And Al, the privacy waiver authorization form was one of the 20 that I sent them.

*5 page letter explaining in detail my problem

*1 page privacy waiver authorization form

*2 page decision letter from USCIS

*11 page affidavit of support from brother and his wife (I-864?)

*1 page copy of cover page date/time stamped in Garden City on 10/27/06

Every page was essential and vital to my case - there was nothing additional or unnecessary in there. I did not want to take a chance that they would just need to turn around and ask for any of that.

 

[timmy_d11]

Just got off the phone with a person from Catholic Charities, and after she heard my story she said that she would do NOTHING formal (refiling/reopening/reconsidering) until I have exhausted all avenues with speaking to any of 4 supervisors at Garden City, whose names that she gave me, before our 30 days is up.

She feels that the agreement WAS made between the interviewing officer and my wife and I, AND that I DID get a cosponsor in the given time, AND that I have a date/time stamp to prove it. She feels if I speak to a supervisor and explain what happened the issue will be resolved.

We called the phone number which she gave us, to Garden City, and the operator, though he tried their extensions, stated that it was policy NOT to pick up the phone when people call - BUT he said that if we came in to Garden City and politely INSISTED that we were wronged and needed to speak to a supervisor, that a supervisor would speak to us.

And the woman from Catholic Charities thinks this alone should resolve this.

 

[Heretic]

I am inclined to agree with that advice, as nothing in life is EVER cut in stone.
However, as others have told you, stay focused on your goal. Do not let yourself get caught up in a crusade that may very well wind up successful, but will have cost far more time and effort than simply refiling.
The main problem is the logistics involved. You’re dealing with overworked civil servants who are all too happy to pass your problem on to someone else, or just toss it into file 13.
With tactful persistence and a lot of luck, you may get the decision reconsidered based on the additional evidence. But know when to draw the line, and retreat.

Go, stand up for yourself, be courteous but persistent, and keep going up the chain of command until someone listens to you.

BUT HAVE A PLAN B!

Best of luck.

 

[timmy_d11]

OF COURSE I'll have a plan B, but with the advice of someone that seemed to know what they were talking about, I will NOT go to plan B until we have exhausted plan A and it is obvious that it won't work.

I have a feeling that, providing we get a decent person in Garden City, it will be overturned once the story is heard by someone that CAN overturn it and once they find our file with cosponsor's affidavit of support - the immigration officers in Manhattan seemed very sympathetic to what had happened to us, and tried to contact Garden City, but after it became clear that Garden City was NOT going to pick up their phones, and knowing that Garden City had our case file, the officers in Manhattan threw in the towel and said there was nothing THEY could do for us except a motion to reopen.

I'm glad I decided against reopening on the spot in Manhattan.

I will go as high up their chain as I must tomorrow to get something positive in writing. A complete reversal and approval would be nice.

AND my father, who is retired, and who was also a civil service worker himself - a social worker for child welfare for the city of New York - will also accompany us, to assist us and in case I lose my cool and tact!

 

[blackrussian]

I will go as high up their chain as I must tomorrow to get something positive in writing. A complete reversal and approval would be nice.

AND my father, who is retired, and who was also a civil service worker himself - a social worker for child welfare for the city of New York - will also accompany us, to assist us and in case I lose my cool and tact!

Timmy, do NOT lose your cool and tact! That's most important. They CAN help you. But they can choose NOT to help, if they don't like you. Such is the power of INS.

Don't leave without talking to a supervisor. Explain that a mistake was made, and could they please correct it. Explain that you got the information requested in time to Graden City office, but it was beyond your control to give it to your case officer in person.

Be very, very polite. Go with the attitude that they WANT to help you, and they will.

 

[curiousGeorge]

I faxed Senators Schumer and Clinton 20 pages of related stuff - and tomorrow I will send them certified mail.

Be carful. I've read that if either of them finds out that you are dealing with multiple members of congress, then your file goes on a lower priority pile. Its much safer to deal with one at a time, or else you'll piss them off.

 

[timmy_d11]

Timmy, do NOT lose your cool and tact! That's most important. They CAN help you. But they can choose NOT to help, if they don't like you. Such is the power of INS.

Don't leave without talking to a supervisor. Explain that a mistake was made, and could they please correct it. Explain that you got the information requested in time to Graden City office, but it was beyond your control to give it to your case officer in person.

Be very, very polite. Go with the attitude that they WANT to help you, and they will.

I went and got lots of help, but for the purpose of making this story short, er, I'll make it short. Apparently the supervisor looked into my case and located my cosponsors I-864 and other paperwork, that I believe was never considered. The man that I spoke to tried to say that it WAS considered and that a cosponsor does not make things automatic. I think he was lying to me about the interviewing officer reviewing my cosponsor's paperwork BECAUSE a service motion to reopen WAS made, but the officer that did our interview supposedly was not in yesterday - the man said that he was going to give the interviewing officer all of the paperwork and allow her to come to a decision and conclusion. I'm hoping that translates to a supervisor saying "look, I think you F'd this up, go ahead and approve it" - probably just a way to give the interviewing officer a way to make the call and "save face".

One thing that I am concerned about is the person that I spoke with was asking me questions about if my cosponsor had a mortgage and/or owed on any cars, etc. Our paralegal SAID NOTHING about having to provide any of this information and it's not in the package that we gave them.

My brother HAPPENED to have bought a summer house in the Poconos THIS YEAR, so they won't be able to tell that from the 3 years of taxes that they provided. They rent their primary apartment.

I don't know.

The guy also said to not worry about the 30 days expiring - that SERVICE motions are not applicable to that.

But he also said that it was a good thing that I went yesterday, that our case files were getting ready to be shipped out - but he contradicted himself because a few minutes before that I said that was a concern of mine and he said "who said your files were going to leave this building?"

THEY DID say that our petition was approved - that they recognized my wife and I had a bonafide relationship - the only hangup is the green card based on the I-864.

I'm hoping they realize that our relationship IS real, and my wife IS NOT going anywhere no matter what they say - and just stop putting us through this nightmare and give my wife her freedom.