Don Quijote

Time line :
- applied for political asylum 1990 no answer until today Aug/2003 (13
years case pending)
- Immigrant petition for relative AUG/1996 I-485
- Scheduled interview no later than Jun/2003 according to INS letter

I was waiting in line for my interview - during this time I changed my
address - (I send INS new address - and they send me confirmation from
Chicago office and Nebraska center - everything is fine they have my
new address ... however ... INS keep sending all letters to my old
address .... why ? nobody knows why - total mess - both letters signed
by Brian Perryman District Director)

After Jun/2003 I asked for asistance US Senator Peter G. Fitzgerald
office <- quick proffesional response They call INS and informed me
that interview is scheduled Aug/2003 and that immigration Chicago
office sent me a letter ofcourse -> old address - we didnt received
any letters old or new address - I used newsgroups to get information
what should we bring on AOS interview.

We arrived on interview 1pm Chicago S.Dearborn office
All papers ready , waiting 1.5hr (why they can't schedule interview on
time ? nobody knows)Immigration officer invites me with question where
is my lawer?
Why should I have a lawer on my interview ? This is not a court and I
dont have to defend myself.

I am married for several years, my wife is citizen I have 2 kids boy
5yo and girl 10 yo born in the USA.Officer checked our papers few
standard questions and ... did you bring your photographs? Why? we
send you 2 photos with all necessery papers ... .Officer with smile
informed us they got lost somewhere. Thats ok no problem this not
first thing got lost.Finaly officer with smile told us that everythig
is ok but ... informed us that she can't close this case and stamp my
passport ... Why ?

My other case asylum from 1990 is still open - pending and my papers
got lost somewhwere between Chicago and Nebraska office.I told her
that we already received letter 1 year ago 2002 from Chicago office
that INS Chicago requested my papers for asylum case from central
office in Nebraska.
It was 1 year ago they should have all papers in Chicago. Well I guess
I was wrong and letters from Nebraska are travelling little bit longer
than 1 year.She reply - this letter doesnt metter , they cannot find
my case and thats all.

Other case is still pending and nobody in INS Chicago knows what to do
with my case. To resolve this problem sombody must first close pending
case but I guess nobody wants to take responsibility and they are keep
moving my case to the bottom of the pile.

Officer with smile informed us that she understand our frustration and
we must be patient ... and when my wife start to urgue she advise us
to ask Senator office for help ??? Is it not funny ?

What was the reason to call me for AOS interview ? To informed me that
my other case is pending ? I know this for the past 13 years. Or they
didnt know what to do after phone call from Senator office ?

I must be missing something ... patient ? after 13 years waiting for
answer and since 1996 familly sposor (7 years waiting), they keep
sending everything to my old address, my photographs lost somewhere I
was scheduled twice (fingerprints - every time - $200 taxpayers money)
I was patient 13 tears and I think thats far too long.

I am sure there are more people like me waiting forever to resolve
green card problem. And this is time for me to take care of this
problem and show others how to fight.I will send more information to
group as soon as we prepare letters to newpapers, congresmens,
senators and politicians. Maybe one of them will take a closer look
how Immigration in Chicago is working and where are taxpayers money
are flying away - if INS office is too busy loosing many papers maybe
something is wrong with the management and maybe that what should be
changed.

DON QUIJOTE DE LA MANCHA

Folinskyinla

Hi:

You have two things -- one is a particularly complicated case. The old asylum cases who later file for adjustment have been quite problematical.

Second is a bad attitude -- you finally get an interview, deal with extremely polite BCIS officers and you bitch.

Finally -- you ask "who needs a lawyer?" Hell, your case cries out for a good lawyer.

You want a green card -- how much is it worth to you? Get a good lawyer and you might just get it sooner. Bitch like you've been doing and it will take longer.

Good luck -- you're going to need it.

Matthew Udall

If he had an attorney all along, all of the important correspondence would have been sent to the client as well as the attorney. That way, the BCIS screw up of not sending things to your new address would have been eliminated. I'm not saying an attorney “should� be needed for this, however as we see all the time in this news group, the BCIS can and does screw up from time to time and having important correspondence sent to the attorney (as well as the client) provides a nice safety net for the client.

Good luck.

M.U.

Shussbar

    >Immigration officer invites me with question where
    >is my lawer?
    >Why should I have a lawer on my interview ? This is not a court

After reading your story and since it is very complicated case , may be too
complicated even for INS, since they loose all your paper, I think that YOU
should get a lawyer to get everything straight and all the documents where they
need to be.
My 2 cents. Good luck

Folinskyinla

Matt:

Go over to the 9th Circuits website and read the Malkit Singh case from August 15th.

Talk about lack of notice to someone who is unrepresented.

Don Quijote

    > Go over to the 9th Circuits website and read the Malkit Singh case from
    > August 15th.
    >
    >
    >
    > Talk about lack of notice to someone who is unrepresented.

Thanks for advice - but I must clear something up.I checked Malkit
Singh case on 9th Circuits website but this is totaly diferent story.
I was represented by attorney in asylum case and either me or his
office never received any correspondence or final answer in this case
from INS. I do not think so I need another lawer to represent me in
AOS case.

Folinskyinla

Hi:

My point on notice -- although Singh was not represented, it does demonstrate that notices get misdirected. I found Singh interesting because I have a case where the BIA did the same thing to ME and I found out about it when the INS attorney told me about it and I made the motion to correct and then the denied the motion and AGAIN notified me at the address that they knew was wrong.

Its your right not to have an attorney. But you are right in one thing -- your case is screwed up -- to my eye it screams for an attorney.

Your life, not mine.

Don Quijote

    >
    > Hi:
    >
    >
    >
    > My point on notice -- although Singh was not represented, it does
    > demonstrate that notices get misdirected. I found Singh interesting
    > because I have a case where the BIA did the same thing to ME and I found
    > out about it when the INS attorney told me about it and I made the
    > motion to correct and then the denied the motion and AGAIN notified me
    > at the address that they knew was wrong.
    >
    >
    >
    > Its your right not to have an attorney. But you are right in one thing
    > -- your case is screwed up -- to my eye it screams for an attorney.
    >
    >
    >
    > Your life, not mine.

When I get another attorney ? hmmm .. after fight using pople above
BCIS ... later it is possible I will take BCIS to the court - maybe I
am planning to ask Judge to return any lawers fees, and "other
reasonables" fees taken from me and wife (for BCIS mistakes) from my
kids (US citizens) education funds in this final battle ... I am not
sure if this is possible but I am sure it will be something right to
ask.

Don Quijote

    > >Immigration officer invites me with question where
    > >is my lawer?
    > >Why should I have a lawer on my interview ? This is not a court
    >
    > After reading your story and since it is very complicated case , may be too
    > complicated even for INS, since they loose all your paper, I think that YOU
    > should get a lawyer to get everything straight and all the documents where they
    > need to be.
    > My 2 cents. Good luck

Hi
If this is too complicated for INS and they dont know what to do with
immigrants papers maybe we should change the law and make "public
lawyer" with every case payed by US goverment ... I am sure taxpayers
gonne like that ;o)

Rete

Just so you know, when you filed for asylum it was those of us who use the INS/BCIS system who paid your asylum fees. We are surcharged additional monies on our fees to pay for your fees.

And when any of these cases go to court or illegals are placed in detetion or in deportation hearings, it is the USC again who pays the fees.

So nothing new there.

Rete

Folinskyinla

See Section 292 of the Immigration & Nationality Act -- although limited to "removal proceedings" it sets forth the right to an attoney with a parenthetical comment of "(at no expense to the Government). For BCIS, take a look at 8 CFR part 292.

BTW, the "Equal Access To Justice Act" allows for "prevailing party" attorneys fees when the government's position was without "substantial justification." Generally speaking, the courts uniformly allowed you to collect attorney's fees if the government agreed with you and "mooted" the suit by doing what they were supposted to do.

However, two courts later disagreed -- the first was the Fourth Circuit Court of Appeals in Virginia. They ruled in a non-immigration case that if the gov't rolls over and plays dead as a result of your suit, there is no "judgement" for there to be a "previaling party."

This was a definite minority position until the SECOND court happen to agree -- since the second court happened to be the Supremes, that law has now shifted the other way.

Sigh.

Nobby

Our attorney failed to notice our new address even though we gave it to him twice.. and continued to send correspondence to our old address 4 months after we had left!

And of course, he also failed to inform BCIS of our new address on the official form AR11.