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Asylee adjustment denied - Need Info

Asylee adjustment denied - Need Info

Old Feb 27th 2009, 7:58 pm
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Default Asylee adjustment denied - Need Info

This is a bit unusual situation for the site, but have a friend who is an asylee since 1987. He has lived here since 1982, owns a successful business and has 2 young sons born in US. His I-485 for adjustment was pending since 1998.

He was interviewed sometime around 2003 or 2004, adjudicator at that time said adjustment was approved but waiting on security clearance. He heard nothing further from them. He evenually hired attorney who filed writ of mandamus in 2007 to move the adjudication.

Shortly after filing the writ, the DHS called him for another interview. This interiew they said would be video taped and asked him to bring all docs, which he did. They kept him there for 5+ hours asking all sorts of questions about everything and everyone for the last 20+ years. He answered everything to the best of his recollection.

Sometime later, he received a denial of his I-485 based on misrep stating numerous alleged instances which are all bogus, such as not properly filing AR-11 and misrepresenting his whereabouts, that in the taped interview he left off a trip outside the US that he had provided them with info on when he filed his petition and provided copies of his passport, but because he didn't mention it again at the 2nd interview, that was misrep, etc.

In the denial, they said he could file an I-602 waiver for this misrep. I suggested that he respond with a filing of the I-602 and respond to each of their claims of misrep and show that was not the case, that he had not infact ever committed misrep and prove his case in the I-602 filing.

However, his lawyer decided instead to simply send a letter to DHS asking them to reconsider the denial and responded to only one of the alledged accusations of misrep in that letter while also claiming that he was refusing to file the I-602 because he did not commit misrep.

Now the DHS has said, well, too bad for you, we're not changing our decision. Your client can just be an asylee for the rest of his life. We can't kick him out and you can't get judicial review. So he can be in limbo forever.

Any ideas on which way to proceed? The lawyer is not much help so far. I was thinking possibilities might be to go ahead and file the I-602 now responding to each of the charges of misrep and providing evidence for each and/or to file a motion to reopen? Also, perhaps filing a new I-485 but the first one took so many years so that isn't ideal. Lastly, if there is any way to take it to Federal Court to seek relief in this situation?

Anyone have any insight on this situation? Please share. :-) Thanks.

Last edited by bluesails; Feb 27th 2009 at 8:15 pm.
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Old Feb 27th 2009, 8:13 pm
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Default Re: Asylee adjustment denied - Need Info

Originally Posted by bluesails View Post

Anyone have any insight on this situation?
Hi:

Yes.
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Old Feb 27th 2009, 9:34 pm
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Default Re: Asylee adjustment denied - Need Info

Looks like it's gonna cost ya.
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Old Feb 28th 2009, 12:52 am
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Default Re: Asylee adjustment denied - Need Info

Originally Posted by bluesails View Post
This interiew they said would be video taped and asked him to bring all docs, which he did. They kept him there for 5+ hours asking all sorts of questions about everything and everyone for the last 20+ years. He answered everything to the best of his recollection.
I have nothing to add, but I've got to ask... where was the lawyer during this interview? If he wasn't with the guy, I'm absolutely gobsmacked!

Ian
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Old Mar 1st 2009, 6:49 pm
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Default Re: Asylee adjustment denied - Need Info

The lawyer attended the interview with him but mostly she was not allowed to say much. From what I know she did comment several times as to what they were doing since it was not any kind of adjustment of status interview that she had ever attended.

Based on what they did and the nature of the denial letter, it was an effort at intimidation and a witch hunt to find something to deny. But in the end, they really didn't need any real reason, they just take something twist it up and they make wild accusations. No basis in law needed because they are the law.

They did the same in our case, but at least finally the AAO applied the law for us. I'm just not sure what the best course of action is now for him and his lawyer isn't being very proactive. I will suggest he contact Folinsky for a consult and perhaps another to see what their official opinion is. But just hoping for insight from the group if anyone had some to share.

Thanks.
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Old Mar 1st 2009, 10:55 pm
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Default Re: Asylee adjustment denied - Need Info

Originally Posted by bluesails View Post
The lawyer attended the interview with him but mostly she was not allowed to say much. From what I know she did comment several times as to what they were doing since it was not any kind of adjustment of status interview that she had ever attended.

Based on what they did and the nature of the denial letter, it was an effort at intimidation and a witch hunt to find something to deny. But in the end, they really didn't need any real reason, they just take something twist it up and they make wild accusations. No basis in law needed because they are the law.

They did the same in our case, but at least finally the AAO applied the law for us. I'm just not sure what the best course of action is now for him and his lawyer isn't being very proactive. I will suggest he contact Folinsky for a consult and perhaps another to see what their official opinion is. But just hoping for insight from the group if anyone had some to share.

Thanks.
Hi:

Here is my insight -- the friend has problems. You really don't give much in the way of facts, but a lot of conclusions. He may have to go to court -- but the danger in that is if there really IS something questionable about your friend's case or background -- I have no idea.

Also, sometimes, the lawyer can do their best or even go above and beyond the call of duty and still walk away muttering "WTF?"
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