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he dismissed my motion to reopen !!

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Old Dec 13th 2002, 9:40 am
  #1  
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Default he dismissed my motion to reopen !!

I hate this officer , he just send me the dismisse of the motion to reopen and his reson is I didnt submitt a 3 consecutive years of the co sponser tax return in fact I did submitt 01,00,and 96 coz my co sponser didn't have 99 one.


My question is can I reapply/put new motion to reopen in another state befor they put me in removal pro.

Thanks all for the support

Last edited by NID2; Dec 15th 2002 at 5:45 pm.
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Old Dec 13th 2002, 10:23 am
  #2  
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Default Re: he dismissed my motion to reopen !!

Originally posted by NID2
I hate this officer he really sucks veteran, he just send me the dismisse of the motion to reopen and his reson is I didnt submitt a 3 consecutive years of the co sponser tax return in fact I did submitt 01,99,and 96 coz my co sponser didn't have 98 one.

<snip>

Thanks all for the support
I'm sorry that you encountered even more problems with your motion to reopen.

The adjudicator was correct, however, in his decision. The I-864 clearly states the requirement of the last three tax returns for the sponsor. You were to have included years 2001, 2000, 1999. Is there any reason why your sponsor was not able to obtain the official tax transcripts from the IRS for your I-864?

Regardless of whatever office you will use in the future, the requirement will not change and you will find yourself in the same situation. It has nothing to do with your nationality.

Rita
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Old Dec 13th 2002, 10:31 am
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Default Re: he dismissed my motion to reopen !!

Originally posted by NID2 I didnt submitt a 3 consecutive years of the co sponser tax return in fact I did submitt 01,99,and 96 coz my co sponser didn't have 98 one.
Can't answer your last question, but you might consider that your nationality isn't an issue if your sponsor wants to request copies of past tax returns from the IRS. The form is at:

http://www.irs.gov/pub/irs-pdf/f4506.pdf

It seems reasonable for the INS to wonder if there is something to hide if the document is indeed available.

PS edit: Oops -- just saw that this very form is mentioned on another concurrent thread about transcripts, so might be additional insights there besides the link above.

Last edited by bobzy; Dec 13th 2002 at 10:35 am.
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Old Dec 13th 2002, 10:32 am
  #4  
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Default Re: he dismissed my motion to reopen !!

People such as this officer usually are not allowed to make decisions
without guidance. They usually have guidelines, called standards, that they
must follow. This is the way most government and commercial organizations
work. Even judges have guidelines they must follow when administering
justice.

Don't take it personally. You did NOT submit CONSECUTIVE tax returns as the
instructions directed.


"NID2" wrote in message
news:[email protected]...
    > I hate this officer he really sucks veteran, he just send me the
    > dismisse of the motion to reopen and his reson is I didnt submitt a 3
    > consecutive years of the co sponser tax return in fact I did submitt
    > 01,99,and 96 coz my co sponser didn't have 98 one.
    > any way he is really sick officer and I 'm fed up dealing those people
    > who take such descions .
    > or mybe coz Im arab and any arab now is a bad guy .
    > maybe work more than him in thise country and provide more services to
    > people rather than he do.
    > I m moving I m not going to deal with thise office any more
    > My question is can I reapply in another state befor they put me in
    > removal pro.
    > Thanks all for the support
    > --
    > Posted via http://britishexpats.com
 
Old Dec 13th 2002, 11:34 am
  #5  
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Default renewal motion

try re-submitting rather than the 're-open' route. It means you will have to pay all the form fees again but if you start from scratch, you'll know now to make sure everythings in order.

It clearly says they need are the last 3. You get penalized a percentage of your back-tax for lateness, and if its zero there's no dollar amount they can charge you but if they catch on to it being done over an extended period of time, tax due or not due, they can due the non-filer for tax evasion.
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Old Dec 13th 2002, 12:41 pm
  #6  
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Default Time frame

Hi, Happy holidays

I exposed my situation earlier and I thank all of you who has taken the time to answer me. I have another question if you may. Since I have received today the letter from the INS stating that my motion to re open once more has been denied I am wondering what it will come next? What is going to happen now? will I be in removal procedures and how long will this take from today? will it be better to reopen the case again or start all over again in another state since I am moving.


Thank you very much for your patiance
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Old Dec 13th 2002, 2:58 pm
  #7  
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Default Re: he dismissed my motion to reopen !!

Can i file another motion to reopen with correct document after the dismissal of the last motin to reopen??
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Old Dec 13th 2002, 11:04 pm
  #8  
Tom Butterworth
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Default Re: he dismissed my motion to reopen !!

You are strongly advised to get a lawyer involved with your case. Tom
"NID2" wrote in message
news:[email protected]...
    > Hi, Happy holidays
    > I exposed my situation earlier and I thank all of you who has taken the
    > time to answer me. I have another question if you may. Since I have
    > received today the letter from the INS stating that my motion to re open
    > once more has been denied I am wondering what it will come next? What is
    > going to happen now? will I be in removal procedures and how long will
    > this take from today? will it be better to reopen the case again or
    > start all over again in another state since I am moving.
    > Thank you very much for your patiance
    > --
    > Posted via http://britishexpats.com
 
Old Dec 14th 2002, 12:08 am
  #9  
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Default Re: he dismissed my motion to reopen !!

Originally posted by NID2
I hate this officer he really sucks veteran, he just send me the dismisse of the motion to reopen and his reson is I didnt submitt a 3 consecutive years of the co sponser tax return in fact I did submitt 01,99,and 96 coz my co sponser didn't have 98 one.

any way he is really sick officer and I 'm fed up dealing those people who take such descions .
or mybe coz Im arab and any arab now is a bad guy .
maybe work more than him in thise country and provide more services to people rather than he do.

I m moving I m not going to deal with thise office any more

My question is can I reapply in another state befor they put me in removal pro.

Thanks all for the support
Hi:

Don't forget that you can RENEW you adjustment in removal proceedings. Immigration Judges grant adjustment all the time.

Beware that if you entered on the visa waiver prograp [e.g. the green I-94W, the law is unclear as to whether you get a removal hearing]
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Old Dec 14th 2002, 3:06 am
  #10  
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Default Re: he dismissed my motion to reopen !!

Originally posted by Folinskyinla
Hi:

Don't forget that you can RENEW you adjustment in removal proceedings. Immigration Judges grant adjustment all the time.

Beware that if you entered on the visa waiver prograp [e.g. the green I-94W, the law is unclear as to whether you get a removal hearing]
Hi

Thankz for the advice,Is there any way to slove thise by another motion to reopen with complete evidance without reaching INS judge

THANK YOU
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Old Dec 14th 2002, 7:31 am
  #11  
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Default Re: he dismissed my motion to reopen !!

Originally posted by NID2
Hi

Thankz for the advice,Is there any way to slove thise by another motion to reopen with complete evidance without reaching INS judge

THANK YOU
I think you can resubmitt another motion within 30 days or 33 days if they mail to you the denial.
Don't forget to provide every thing in this one.

Good luck!
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Old Dec 14th 2002, 4:23 pm
  #12  
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Default Re: he dismissed my motion to reopen !!

bobzy wrote:
    >
    > Originally posted by NID2 I didnt submitt a 3
    > consecutive years of the co sponser tax return in fact I did submitt
    > 01,99,and 96 coz my co sponser didn't have 98 one.

Why would 98 be needed?
You need 01,00,99 or some documentation indicating you didn't need to
file one.
 
Old Dec 15th 2002, 4:50 am
  #13  
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Default In fact

I submitt 01,00,96
The sponsor gave me those copy of tax return from his record and he lost 99 one,he went next day to IRS after his work day found it close.
we couldnt do any better that time coz we didn't have any time and i figurout that INS officer will me back if he need any further documentation. i guess not he send the dismiss!!
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Old Dec 15th 2002, 7:06 am
  #14  
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Default Re: he dismissed my motion to reopen !!

NID2 wrote:
    >
    > I submitt 01,00,96
    > The sponsor gave me those copy of tax return from his record and he lost
    > 99 one,he went next day to IRS after his work day found it close.
    > we couldnt do any better that time coz we didn't have any time and i
    > figurout that INS officer will me back if he need any further
    > documentation. i guess not he send the dismiss!!

You didn't have 2 weeks to wait on a 99 tax transcripts prior to filing
the I-485?
The error was yours for not submitting the required information.

I think you would be in much better shape by starting from the
beginning.
 
Old Dec 15th 2002, 2:14 pm
  #15  
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Default Third round start monday

Third round start monday!
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