pascal

I have problem with approved I-130.
I file I130 7years ago and got approval 6 years ago. I file I-485 after the approval. I recently got a letter from INS stating that my Petition was withdrawn and due to that reason i am not eligible for adjustment.
we never file for withdraw. Very next day I went to INS with my Spouse( USC) and where we ask for the proof of withdrawal but INS only gave one confirmation letter of withdrawn posted to the address where we never lived.
INS told us this case is closed and I need to file again, or I can apply for Voluntary departure within 10 days of this letter.
we didnot get any original letter asking for withdrawal written by my spouse.
In 2003 january We apply for FOIA too but didnot get any record from That request . we received one letter instead stating that Record exsists but INs is unable to locate the record.
What should I do?
I don't want to wait for another 7 years in thsi scrutiny, we have two US born children also.
I also want to know if Refiling can be experdited?
What form to fill with I-130.
Can the same I-130 can be reinstated? Or can I stay here legally as I filed and got approval before 245I?
How long it takes to approve I-130 IN california?

Please help Me....

Psalazar

You need to speak to someone at a senator's office or a congressman's
office really soon! Sounds like the INS has really messed up!

pascal <member21802@british_expats.com> wrote in message news:<[email protected]>...
    > I have problem with approved I-130.
    > I file I130 7years ago and got
    > approval 6 years ago. I file I-485 after the approval. I recently got a
    > letter from INS stating that my Petition was withdrawn and due to that
    > reason i am not eligible for adjustment.
    > we never file for withdraw.
    > Very next day I went to INS with my Spouse( USC) and where we ask for
    > the proof of withdrawal but INS only gave one confirmation letter of
    > withdrawn posted to the address where we never lived.
    > INS told us this
    > case is closed and I need to file again, or I can apply for Voluntary
    > departure within 10 days of this letter.
    > we didnot get any original
    > letter asking for withdrawal written by my spouse.
    > In 2003 january We
    > apply for FOIA too but didnot get any record from That request . we
    > received one letter instead stating that Record exsists but INs is
    > unable to locate the record.
    > What should I do?
    > I don't want to wait for
    > another 7 years in thsi scrutiny, we have two US born children also.
    > I
    > also want to know if Refiling can be experdited?
    > What form to fill with
    > I-130.
    > Can the same I-130 can be reinstated? Or can I stay here legally
    > as I filed and got approval before 245I?
    > How long it takes to approve
    > I-130 IN california?
    >
    > Please help Me....

Hnchoksi

    >Subject: Re: I-130 problem please help
    >From: [email protected] (Psalazar)
    >Date: 2/27/04 9:48 AM Eastern Standard Time
    >Message-id: <[email protected] >
    >You need to speak to someone at a senator's office or a congressman's
    >office really soon! Sounds like the INS has really messed up!

There is no such thing as INS any more...

tortoise

same government body, but they've changed their name to BCIS, or CIS in some cases. it seems to change on a whim.

Hnchoksi

    >Subject: Re: I-130 problem please help
    >From: tortoise member13298@british_expats.com
    >Date: 2/27/04 6:24 PM Eastern Standard Time
    >Message-id: <[email protected]>
    >>
    >>
    >> There is no such thing as INS any more...
    >>
    >same government body, but they've changed their name to BCIS, or CIS
    >> in some cases. it seems to change on a whim.

They should probably call it Department of Smoke and Mirrors considering the
way they operate...

Rete

During the 6 years of waiting didn't you renew your EAD and Advance Parole annually? San Diego does not take 6 years to adjudicate an adjustment petition. Had you inquired as to the status of your petition during all that time?

See an immigration attorney as soon as possible for advice on how to refile or just refile everything as quickly as possible. Check for any community services that provide free or low cost immigration services in your area, i.e. Catholic Charities.

BTW if you refile, all the petitions are sent to the district office of the USCIS. Do not send the I-130 to the service center and the I-485 to the district office. Send everything to the district office.

Rete

Amanda

Rete <member167@british_expats.com> wrote in message news:<[email protected]>...
    > During the 6 years of waiting didn't you renew your EAD and Advance
    > Parole annually? San Diego does not take 6 years to adjudicate an
    > adjustment petition. Had you inquired as to the status of your petition
    > during all that time?
    >
    > See an immigration attorney as soon as possible
    > for advice on how to refile or just refile everything as quickly as
    > possible.

No no no no no no NO. Why should they refile and wait?

I say get a lawyer, and contact the senator or congressman as
susggested.

You would get your greencard immidiately since CIS (or INS or BCIS or
whatever that Dept of Smoke and Mirros as someone put it) could not
prove that your spouse ever filed for withdrawal of I-130 and you have
already waited too long and should already have received the
greencard.



>Check for any community services that provide free or low
    > cost immigration services in your area, i.e. Catholic Charities.



    >
    > BTW if
    > you refile, all the petitions are sent to the district office of the
    > USCIS. Do not send the I-130 to the service center and the I-485 to the
    > district office. Send everything to the district office.
    >
    > Rete
    >
    >
    >
    >
    > Originally posted by pascal
    > > I have problem with
    > approved I-130.
    > > I file I130 7years ago and got approval 6 years ago.
    > I file I-485 after the approval. I recently got a letter from INS
    > stating that my Petition was withdrawn and due to that reason i am not
    > eligible for adjustment.
    > > we never file for withdraw. Very next day I
    > went to INS with my Spouse( USC) and where we ask for the proof of
    > withdrawal but INS only gave one confirmation letter of withdrawn posted
    > to the address where we never lived.
    > > INS told us this case is closed
    > and I need to file again, or I can apply for Voluntary departure within
    > 10 days of this letter.
    > > we didnot get any original letter asking for
    > withdrawal written by my spouse.
    > > In 2003 january We apply for FOIA
    > too but didnot get any record from That request . we received one letter
    > instead stating that Record exsists but INs is unable to locate the
    > record.
    > > What should I do?
    > > I don't want to wait for another 7 years
    > in thsi scrutiny, we have two US born children also.
    > > I also want to
    > know if Refiling can be experdited?
    > > What form to fill with I-130.
    > >
    > Can the same I-130 can be reinstated? Or can I stay here legally as I
    > filed and got approval before 245I?
    > > How long it takes to approve I-130
    > IN california?
    > >
    > Please help Me....