Appeals queston
May 30th 2004, 1:24 pm
#1
Guest
Posts: n/a
Appeals queston
So I was looking over the INS website, and I noticed something in the AOS
appeals stuff:
"... The only applications for permanent residency (Form I-485) which can be
appealed to USCIS are those based on a marriage which took place while the
alien's application was in process or those based on Section 586 of Public
Law 106-429, adjustment of status for certain nationals of Vietnam, Cambodia
and Laos. These appeals must be made to the Administrative Appeals Unit
(AAU).
Generally, you may appeal within 33 days after the immigration judge decides
to remove you from the country. After your appeal form and a required fee
are processed, the appeal will be referred to the Board of Immigration
Appeals in Washington, D.C. For more information, please see, How Do I
Appeal A Denial of My Application or Petition?."
Huh?
I thought it worked like this:
-- If denied I could appeal or file a motion to reopen the case at the local
office level,
-- if the still denied or they issued a deportation order then it went to a
immigration judge and we could appeal it there.
-- If the judge denied it then the final say was refiling it with the
immigration board of appeals.
According this it sounds like you're dealing with a immigration judge from
the get go. Maybe I'm missing a subtle of the law. I am half dead on my
feet right now.
And finally when can you refile for a AOS after a denial and when you have
to do the appeal after a denial. What's the difference between these two
procedures?
--
Toby & Antoinette Woods
-----------------------------------------
Family Homepage: http://www.woodsfamily.cjb.net
(Updated: 5-29-04)
----------------------------------------
appeals stuff:
"... The only applications for permanent residency (Form I-485) which can be
appealed to USCIS are those based on a marriage which took place while the
alien's application was in process or those based on Section 586 of Public
Law 106-429, adjustment of status for certain nationals of Vietnam, Cambodia
and Laos. These appeals must be made to the Administrative Appeals Unit
(AAU).
Generally, you may appeal within 33 days after the immigration judge decides
to remove you from the country. After your appeal form and a required fee
are processed, the appeal will be referred to the Board of Immigration
Appeals in Washington, D.C. For more information, please see, How Do I
Appeal A Denial of My Application or Petition?."
Huh?
I thought it worked like this:
-- If denied I could appeal or file a motion to reopen the case at the local
office level,
-- if the still denied or they issued a deportation order then it went to a
immigration judge and we could appeal it there.
-- If the judge denied it then the final say was refiling it with the
immigration board of appeals.
According this it sounds like you're dealing with a immigration judge from
the get go. Maybe I'm missing a subtle of the law. I am half dead on my
feet right now.
And finally when can you refile for a AOS after a denial and when you have
to do the appeal after a denial. What's the difference between these two
procedures?
--
Toby & Antoinette Woods
-----------------------------------------
Family Homepage: http://www.woodsfamily.cjb.net
(Updated: 5-29-04)
----------------------------------------
May 30th 2004, 2:50 pm
#2
Concierge
Joined: Apr 2001
Posts: 46,415
Re: Appeals queston
Why are you checking out the appeals process? Are you so sure that your wife will be denied AOS because she entered the US from Canada without a K-1 and married and remained or because there is issue with the affidavit of support.
Rete
Rete
Originally posted by AlphaTrion-TJW
So I was looking over the INS website, and I noticed something in the AOS
appeals stuff:
"... The only applications for permanent residency (Form I-485) which can be
appealed to USCIS are those based on a marriage which took place while the
alien's application was in process or those based on Section 586 of Public
Law 106-429, adjustment of status for certain nationals of Vietnam, Cambodia
and Laos. These appeals must be made to the Administrative Appeals Unit
(AAU).
Generally, you may appeal within 33 days after the immigration judge decides
to remove you from the country. After your appeal form and a required fee
are processed, the appeal will be referred to the Board of Immigration
Appeals in Washington, D.C. For more information, please see, How Do I
Appeal A Denial of My Application or Petition?."
Huh?
I thought it worked like this:
-- If denied I could appeal or file a motion to reopen the case at the local
office level,
-- if the still denied or they issued a deportation order then it went to a
immigration judge and we could appeal it there.
-- If the judge denied it then the final say was refiling it with the
immigration board of appeals.
According this it sounds like you're dealing with a immigration judge from
the get go. Maybe I'm missing a subtle of the law. I am half dead on my
feet right now.
And finally when can you refile for a AOS after a denial and when you have
to do the appeal after a denial. What's the difference between these two
procedures?
--
Toby & Antoinette Woods
-----------------------------------------
Family Homepage: http://www.woodsfamily.cjb.net
(Updated: 5-29-04)
----------------------------------------
So I was looking over the INS website, and I noticed something in the AOS
appeals stuff:
"... The only applications for permanent residency (Form I-485) which can be
appealed to USCIS are those based on a marriage which took place while the
alien's application was in process or those based on Section 586 of Public
Law 106-429, adjustment of status for certain nationals of Vietnam, Cambodia
and Laos. These appeals must be made to the Administrative Appeals Unit
(AAU).
Generally, you may appeal within 33 days after the immigration judge decides
to remove you from the country. After your appeal form and a required fee
are processed, the appeal will be referred to the Board of Immigration
Appeals in Washington, D.C. For more information, please see, How Do I
Appeal A Denial of My Application or Petition?."
Huh?
I thought it worked like this:
-- If denied I could appeal or file a motion to reopen the case at the local
office level,
-- if the still denied or they issued a deportation order then it went to a
immigration judge and we could appeal it there.
-- If the judge denied it then the final say was refiling it with the
immigration board of appeals.
According this it sounds like you're dealing with a immigration judge from
the get go. Maybe I'm missing a subtle of the law. I am half dead on my
feet right now.
And finally when can you refile for a AOS after a denial and when you have
to do the appeal after a denial. What's the difference between these two
procedures?
--
Toby & Antoinette Woods
-----------------------------------------
Family Homepage: http://www.woodsfamily.cjb.net
(Updated: 5-29-04)
----------------------------------------
May 30th 2004, 10:00 pm
#3
Guest
Posts: n/a
Re: Appeals queston
Option 1, Rete.
The I864 is a nonissue at the moment (money enough with my father a
consponsor) we're jsut worried because we didn't do the K-1 route that
everyone keeps saying is the only way to go for this sort of thing. I know
it's possible to get an approval so long as you prove there was no intent to
stay, still I worry.
--
Toby "AlphaTrion" Woods
~~~~~~~~~~~~~~~~~~~~
"...just so we're reminded of the ones who are held back, Up front there
ought 'a be a Man In Black" - Johnny Cash (1932-2003)
~~~~~~~~~~~~~~~~~~~~
http://www.tobyjwoods.cjb.net - My Website (May 5, 2004)
http://aplhatriontjw.blogspot.com/ - My Blog
The I864 is a nonissue at the moment (money enough with my father a
consponsor) we're jsut worried because we didn't do the K-1 route that
everyone keeps saying is the only way to go for this sort of thing. I know
it's possible to get an approval so long as you prove there was no intent to
stay, still I worry.
--
Toby "AlphaTrion" Woods
~~~~~~~~~~~~~~~~~~~~
"...just so we're reminded of the ones who are held back, Up front there
ought 'a be a Man In Black" - Johnny Cash (1932-2003)
~~~~~~~~~~~~~~~~~~~~
http://www.tobyjwoods.cjb.net - My Website (May 5, 2004)
http://aplhatriontjw.blogspot.com/ - My Blog
May 31st 2004, 12:34 am
#4
Concierge
Joined: Apr 2001
Posts: 46,415
Re: Appeals queston
I understand your concern but the K-1 is not the only way to go and most people who marry under the same circumstances you did are not asked to prove what their intent was at the border. You are aware of the possibility that it might come up and you have prepared yourself for that. I won't tell you not to worry as I know you are a worrier.
Rete
Rete
Originally posted by AlphaTrion-TJW
Option 1, Rete.
The I864 is a nonissue at the moment (money enough with my father a
consponsor) we're jsut worried because we didn't do the K-1 route that
everyone keeps saying is the only way to go for this sort of thing. I know
it's possible to get an approval so long as you prove there was no intent to
stay, still I worry.
--
Toby "AlphaTrion" Woods
~~~~~~~~~~~~~~~~~~~~
"...just so we're reminded of the ones who are held back, Up front there
ought 'a be a Man In Black" - Johnny Cash (1932-2003)
~~~~~~~~~~~~~~~~~~~~
http://www.tobyjwoods.cjb.net - My Website (May 5, 2004)
http://aplhatriontjw.blogspot.com/ - My Blog
Option 1, Rete.
The I864 is a nonissue at the moment (money enough with my father a
consponsor) we're jsut worried because we didn't do the K-1 route that
everyone keeps saying is the only way to go for this sort of thing. I know
it's possible to get an approval so long as you prove there was no intent to
stay, still I worry.
--
Toby "AlphaTrion" Woods
~~~~~~~~~~~~~~~~~~~~
"...just so we're reminded of the ones who are held back, Up front there
ought 'a be a Man In Black" - Johnny Cash (1932-2003)
~~~~~~~~~~~~~~~~~~~~
http://www.tobyjwoods.cjb.net - My Website (May 5, 2004)
http://aplhatriontjw.blogspot.com/ - My Blog
May 31st 2004, 1:31 am
#5
Guest
Posts: n/a
Re: Appeals queston
*Shrugs* It's one my more annoying charms, right behind being a hard-ass
boass to work for...ask anyone that used to work for me ;-)
I just wish I knew the odds, I'm always more comfortable is I know the
actual odds.
--
Toby "AlphaTrion" Woods
~~~~~~~~~~~~~~~~~~~~
"...just so we're reminded of the ones who are held back, Up front there
ought 'a be a Man In Black" - Johnny Cash (1932-2003)
~~~~~~~~~~~~~~~~~~~~
http://www.tobyjwoods.cjb.net - My Website (May 5, 2004)
http://aplhatriontjw.blogspot.com/ - My Blog
boass to work for...ask anyone that used to work for me ;-)
I just wish I knew the odds, I'm always more comfortable is I know the
actual odds.
--
Toby "AlphaTrion" Woods
~~~~~~~~~~~~~~~~~~~~
"...just so we're reminded of the ones who are held back, Up front there
ought 'a be a Man In Black" - Johnny Cash (1932-2003)
~~~~~~~~~~~~~~~~~~~~
http://www.tobyjwoods.cjb.net - My Website (May 5, 2004)
http://aplhatriontjw.blogspot.com/ - My Blog
