i feel like a retard.

[fawn]

ive been living in philadelphia for 3 years now, and for the entire 3 years ive been attempting the immigration thing and i just dont get it!

i mean, id consider myself a girl with an above average iq and eq but i just cant grasp this concept!

im 19, and am married to an american citizen. when i first started this process, i filled out a huge chunk of paperwork, none of which i understood ajustment of status, permanent residence, work authorization etc well, eventually i had to return to canada fora funeral and i did so without filing for um, advanced parol? and my paperwork has been terminated.

my work authorization has also just recently expired.

i have a criminal record in canada but its a juvenille record and i was under the assumption that its cleared after you turn 18 but i guess the ins still needs to see it....


basically i guess i have to start fresh over, i m just wondering whats the easiest fastest way for me to be legal in this country???! considering im already here, and where can i get help???

ps. please excuse my ignorance, im bewildered by my lack of knowledge just as much as some of you probably are

[Cosmopol]

please excuse my ignorance, im bewildered by my lack of knowledge just as much as some of you probably are

Not to worry -- you are not alone by far. The U.S. Immigration law is a highly complex and evolving thing, much of the interpretation of which is driven by court precedents, especially in off-the-beaten-track cases.

The best thing always in problematic cases is to hire a lawyer, and the more difficult the case, the better lawyer it should be. Don't go it alone. You've already made a slip by leaving the country after applying for adjustment of status. If you were from a country other than Canada, you probably wouldn't even get back in so easily - they'd suggest for you to apply for an immigrant visa at your local US Consulate.

I could speculate about how to move your case forward, but I am not a lawyer, and so I shouldn't. Find yourself an attorney -- check with your friends/colleagues for a recommendation, or do a personal research.

Good luck!

[Filip]

Hi,

Do not try to go through all this paperwork by yourself! As mentioned earlier, the US Immigration Law has been changed since September 11 and, speaking frankly, it is very complicated to obtain any of the US visas. First of all you need to check your eligibility to obtain either immigrant or nonimmigrant visa. Of course it could be relevant only if the consular officer did not refuse your application under the section (6)(c)(1) of INA. If INS has made a "6C1" entry in the lookout system, any post may assume that a formal finding of ineligibility was made, and the consular officer should refuse the visa application under INA. It means, that you became permanently uneligible to obtain any US visas, unless you obtain a waiver of inadmissibility. In addition, I would recommend to you to find a well-experienced Immigration Lawyer.

- what happened at time of interview?
- why did the consular officer refuse your application? what was the main reason?

[Kayalami]

basically i guess i have to start fresh over, i m just wondering whats the easiest fastest way for me to be legal in this country???! considering im already here, and where can i get help???

It seems the OP (fawn) was undergoing AOS then left for her native country Canada (I am assuming she is Canadian) to attend a funeral without obtaining AP which terminated the AOS. From the quote above she then seemed to have re-entered the US presumably admitted as B2 visitor for 6 months without a I-94. Not sure how she got through or what reasons she gave at the POE but there may be issues around misrepresentation - I would be suprised if the DHS official admitted her despite her saying she was the spouse of a USC. At her age she would have no compelling ties to return home and had previous immigrant intent with the AOS filing? I dare say there may be issues around a bar to entry for overstays if she filed whilst out of status and exceeded the relevant trigger days for the 3/10 yr bars.

Fawn you need to provide some info:

1. When did you first go to the US for the relevance of this case.
2. What category did you go to the US and how long was your I-94 (if you were issued one) valid to.
3. What was your marriage date.
4. When did you file for AOS.
5. When did you leave the US.
6. When did you return to the US and more importantly what did you say at the Port of Entry when asked purpose of visit.

In the meantime I will echo Cosmopol and Filip and advise you to get a good lawyer pronto - you are in one big mess and need professional help to sort it out.

[fawn]

basically i guess i have to start fresh over, i m just wondering whats the easiest fastest way for me to be legal in this country???! considering im already here, and where can i get help???

It seems the OP (fawn) was undergoing AOS then left for her native country Canada (I am assuming she is Canadian) to attend a funeral without obtaining AP which terminated the AOS. From the quote above she then seemed to have re-entered the US presumably admitted as B2 visitor for 6 months without a I-94. Not sure how she got through or what reasons she gave at the POE but there may be issues around misrepresentation - I would be suprised if the DHS official admitted her despite her saying she was the spouse of a USC. At her age she would have no compelling ties to return home and had previous immigrant intent with the AOS filing? I dare say there may be issues around a bar to entry for overstays if she filed whilst out of status and exceeded the relevant trigger days for the 3/10 yr bars.

Fawn you need to provide some info:

1. When did you first go to the US for the relevance of this case.
2. What category did you go to the US and how long was your I-94 (if you were issued one) valid to.
3. What was your marriage date.
4. When did you file for AOS.
5. When did you leave the US.
6. When did you return to the US and more importantly what did you say at the Port of Entry when asked purpose of visit.

In the meantime I will echo Cosmopol and Filip and advise you to get a good lawyer pronto - you are in one big mess and need professional help to sort it out.

hahahahah damn.....

when i re entered the U.S. i was almost turned away, but i told them i wasnt informed about the a.p. (i was also incredibly sick at the time, we ended up showing the officer our marriage certificate and he and the philadelphia ins decided(after a bunch of phone calls) that they would terminate my 485 and let me re enter WITH an i 94 stating that i was ajusting status..... and thats where im at now. now im incredibly worried and my biggest problem is i dont KNOW the dates.. when i got here what day etc... the WHENS are my biggest problem! looks like im gonna have to get a lawyer...i cant afford this crap.

thanks you guys. ive emailed countless officials and tried to plea my case to no avail we'll see what happens...

[Cosmopol]

Hey - the good news is: you've been LEGALLY admitted into the U.S., you didn't just "slip" through via immigration officer's negligence or misstating the facts, and that's a big one!

As for the dates: isn't your passport stamped by immigration controls?

A good lawyer is worth borrowing the money for, but... if both of you are absolutely desperate and have no one to turn to, you may attempt to file the I-485 package again - since you were let into the country officially, AND with explicit consent regarding your marriage, the whole thing suddenly seems a much lesser concern to me.

You mention they've terminated your I-485 -- what happened to your husband's I-130? Termed along with the whole package or was it filed separately? (In case you know, which you might not). In case your husband ever got an approval for his I-130, you don't have to file it again, just enclose a copy of it with your I-485 package.

Good luck - the sun is shining much brighter than it seemed before

P.S. notwithstanding the monetary concerns, DO spend the extra bucks for certified mail with return receipt when filing your forms -- you'll take care of the "whens", and free yourself of other worries as well - it's a good habit to have when dealing with bureaucracy

[fawn]

Hey - the good news is: you've been LEGALLY admitted into the U.S., you didn't just "slip" through via immigration officer's negligence or misstating the facts, and that's a big one!

As for the dates: isn't your passport stamped by immigration controls?

A good lawyer is worth borrowing the money for, but... if both of you are absolutely desperate and have no one to turn to, you may attempt to file the I-485 package again - since you were let into the country officially, AND with explicit consent regarding your marriage, the whole thing suddenly seems a much lesser concern to me.

You mention they've terminated your I-485 -- what happened to your husband's I-130? Termed along with the whole package or was it filed separately? (In case you know, which you might not). In case your husband ever got an approval for his I-130, you don't have to file it again, just enclose a copy of it with your I-485 package.

Good luck - the sun is shining much brighter than it seemed before

P.S. notwithstanding the monetary concerns, DO spend the extra bucks for certified mail with return receipt when filing your forms -- you'll take care of the "whens", and free yourself of other worries as well - it's a good habit to have when dealing with bureaucracy

the i30 was filed with the whole sebang, and i have a copy of it thats the only form thats out of the way, i dont *have* a passport either, as a canadian all i needed was 3 peices of id to cross the border

and when i came back into the us and they told me of the termination, i got a letter about 3 weeks later, saying i had my meeting with the ins for my permenant residence*sigh* making me WISH i had NEVER left the country in the first place, i explained what happened to the officer and he asked me if i had been arrested. i have, but it was juvenille, he said i STILL have to obtain my crininal records from canada, and that if i had 3 months to do so. i couldnt get it in the 3 months so lol this is so complicated, in the end yeah, i have to refile the 485 package.... if i havent refiled the 485 could i still renew my work authorization?? and what about school... i mean how could i go about being able to go to school???? hahaha this is REALLY complicated.. i wish i could afford to go to a lawyer.. so much of this wouldve been avoided

[Cosmopol]

Unfortunately your work authorization is contingent on I-485 being filed, so the earlier you do it the beter from that aspect.

As for the schools -- check with schools individually, each may have a different set of rules, and each enforces it with varying diligence. Do you have any US IDs, e.g. driver license or state ID cards ? If you do, sometimes that's all you need to to attend a community college...

As for this being complicated, thank your stars you are a Canadian in the U.S. - that's probably the easiest among the possible immigrant combinations available...

[Filip]

Hi,

Do not try to go through all this paperwork by yourself! As mentioned earlier, the US Immigration Law has been changed since September 11 and, speaking frankly, it is very complicated to obtain any of the US visas. First of all you need to check your eligibility to obtain either immigrant or nonimmigrant visa. Of course it could be relevant only if the consular officer did not refuse your application under the section (6)(c)(1) of INA. If INS has made a "6C1" entry in the lookout system, any post may assume that a formal finding of ineligibility was made, and the consular officer should refuse the visa application under INA. It means, that you became permanently uneligible to obtain any US visas, unless you obtain a waiver of inadmissibility. In addition, I would recommend to you to find a well-experienced Immigration Lawyer.

- what was happening at time of interview?
- why did the consular officer refuse your application? what was the main reason?

[fawn]

Thank God for this forum, you guys are awesome to be helping all these people out, i hope you know how important this type of thing is to some people*

that being said, im gonna really try and get some things together before i really *have* to get a lawyer, of course, ive taken your advise and im seeking out a good lawyer for a consultation.... so i have a couple questions if you guys mght have the answers*

1.How do i obtain the status of my paperwork?

2.If my ajustment of status package has been terminated, does that mean my
work authorization cant be renewed?


4.If when i had previously submitted my paperwork, i had taken the
physical required of me at that time, is there any way to retrive that
information and re file it with my new I485?

5.If my 485 has been terminated does that mean my affidavit of suppor and
biographical information form has been terminated as well??

[Cosmopol]

Thank God for this forum, you guys are awesome to be helping all these people out, i hope you know how important this type of thing is to some people*

nice to hear

1.How do i obtain the status of my paperwork?

As of now, it seems, there is no status, because nothing is currently filed, and what was there before is terminated, so the case is no longer pending. But generally, one needs to go by the reference number shown on the Service's Notice of Action. It would be in this format: XYZ-12-123-12345. Having this number you can either call the Service Center number listed on the Notice, or use the online service.

2.If my ajustment of status package has been terminated, does that mean my work authorization cant be renewed?

At least not on the basis of that filing. When you refile, include form I-765 again for a new permit; you should get it in 90 days.

4.If when i had previously submitted my paperwork, i had taken the
physical required of me at that time, is there any way to retrive that
information and re file it with my new I485?

Highly unlikely to get anything from the government in this case. You may visit the same doctor(s) and appeal to their sense of empathy and justice, and ask for a duplicate (if it's not too old). More likely than not, you may need to re-do the whole thing and shell out all the new fees -- makes sense to do some research and legwork in finding a less expensive doctor: from what I hear the pricing is ruthless towards I-485 applicants, but I know that if one looks around it's possible to save around 50%. Do ask them in advance of what exactly is included in the price quotes they give you. I've heard of cases when doctors quote the fee for their "services" only, and then double the bill to include the "lab costs".

5.If my 485 has been terminated does that mean my affidavit of suppor and biographical information form has been terminated as well??

Yes, unless specifically noted to the contrary. You file this as a package and it's termed as a package. The only exception is your husband's I-130 - it can be filed and approved separately.

Good luck!