Tjw & Acw

I keep hearing about if a AOS is filed, about going and refiling and going
through the process again. How does that work? If we're denied the first
go around and refile, can my wife still stay stateside while going through
the second attempt?
--
TJW & ACW
---------------------------------------

--------------------------------------

Ben Johnson

You heard wrong....

If your AOS is denied, then it is denied....you don't just pick up a new
form an re-file.

There is an appeals process and you should hire a lawyer if this is
important to you.....

Ben

"TJW & ACW" wrote in message
news:[email protected]...
    > I keep hearing about if a AOS is filed, about going and refiling and going
    > through the process again. How does that work? If we're denied the first
    > go around and refile, can my wife still stay stateside while going through
    > the second attempt?
    > --
    > TJW & ACW

Chris Parker

    > I keep hearing about if a AOS is filed, about going and refiling and going
    > through the process again. How does that work? If we're denied the first
    > go around and refile, can my wife still stay stateside while going through
    > the second attempt?

This is usually done after an "abandonment" of an application occurs
to resume the adjustment process. That can happen if you miss an
adjustment interview without rescheduling, depart the U.S. without
Advance Parole and return some other way, or if you don't supply
additional requested evidence to INS by the specified deadline. It is
also done in deportation/removal proceedings before the immigration
judge to obtain adjustment to permanent residence status rather than
an order of deportation/removal.

Yes, you are lawfully present in the United States as long as an
adjustment of status application is pending before the INS, and in any
case you may remain in the U.S. until completion of the application.


CP

Tjw & Acw

    > This is usually done after an "abandonment" of an application occurs
    > to resume the adjustment process. That can happen if you miss an
    > adjustment interview without rescheduling, depart the U.S. without
    > Advance Parole and return some other way, or if you don't supply
    > additional requested evidence to INS by the specified deadline. It is
    > also done in deportation/removal proceedings before the immigration
    > judge to obtain adjustment to permanent residence status rather than
    > an order of deportation/removal.

Done before the judge? Meaning in the courtroom or that you have a chance
to file before they issue the removal order?

Thanks for answering my questions. My wife is worried that, since I"ve been
out off work for a month now-- to take care of her and the baby-- that
she'll be denied an AOS and that they'll kick her back to Canada. Naturally
she doesn't want to leave our son or me, and we don't want her to leave.
And, from what I've looked into too, it's very, very, rare for the INS to
deny an AOS for the mother of a american citizen, especially a newborn
infant. Yet, it still is something that worried her, you know. As I told
her: 1) They'll understand me taking time off to be with my new son, plus
take care of her case of medical problems due to the labor 2) As I said
before, according to 99% of the sources I've seen, it's exteremly rare for
the mother of a newborn american citizen to be deported; especially
considering that I"m a natural-born USC. In most cases where the mother was
deported she was here illegally, had a criminal record, and a lot of time
was preggers before entering the US and only gave birth on US ground so they
could get a green-card. Besides even if they did deny her, we'd have the
right to appeal the ruling and refile, with a hardship waiver the
second-go-around; since sending her back to Toronto would be a harship on
our family.

Ever since our son was born, my wife has gotten more and more worred about
being deported/having her AOS denied. She's seriously afraid that something
will f--k things up and she'll be sent back to Canada and seperated from me
and our son for up a year (the amount of time it would take to get my and
our son's Canadian immigration papers and get the money saved for us to
move.)

Again thanks for answering all my questions.


--
TJW & ACW
---------------------------------------

--------------------------------------

Chris Parker

    > You heard wrong....
    >
    > If your AOS is denied, then it is denied....you don't just pick up a new
    > form an re-file.
    >
    > There is an appeals process and you should hire a lawyer if this is
    > important to you.....

You heard wrong, there is no appeal available on adjustment of status
application decisions. You are only granted the privilege of
renewing your application before an immigration judge in
deportation/removal proceedings, if they are initiated by INS.

If, following the denial, they do not initiate deportation/removal
proceedings, re-filing is exactly what you should do to stay out of
deportation/removal proceedings and remain eligible for employment
authorization and advance parole.

Of course, the reasons for the denial of the prior application will be
considered when the second application is processed, and if it was an
outright denial for a ground of inadmissibility or fraud, they are
must deny again unless there is a change in circumstances (such as the
3/10 year bar has expired, etc.) or other new facts presented which
show the prior decision was invalid.


CP

Chris Parker

    > Done before the judge? Meaning in the courtroom or that you have a chance
    > to file before they issue the removal order?

Usually you'd file it with the court under your case file prior to the
hearing. You could also present it to the judge at the hearing, I
suppose (I'd bring another copy if I were you). BTW, this is known as
filing for adjustment "defensively," so there is no filing fee when
done.

    > Thanks for answering my questions. My wife is worried that, since I"ve been
    > out off work for a month now-- to take care of her and the baby-- that
    > she'll be denied an AOS and that they'll kick her back to Canada.

Get a co-sponsor (who is employed) on your Affidavit of Support;
that'll solve that issue pretty quickly.


CP

Tjw & Acw

Ahh, I see now. If they deny us and say "Get out" then we file through the
court. If they just deny and take no removal actions , we can still refile
like a normal AOS?

--
TJW & ACW
---------------------------------------

--------------------------------------
"Chris Parker" wrote in message
news:[email protected]...
    > > You heard wrong....
    > >
    > > If your AOS is denied, then it is denied....you don't just pick up a new
    > > form an re-file.
    > >
    > > There is an appeals process and you should hire a lawyer if this is
    > > important to you.....
    > You heard wrong, there is no appeal available on adjustment of status
    > application decisions. You are only granted the privilege of
    > renewing your application before an immigration judge in
    > deportation/removal proceedings, if they are initiated by INS.
    > If, following the denial, they do not initiate deportation/removal
    > proceedings, re-filing is exactly what you should do to stay out of
    > deportation/removal proceedings and remain eligible for employment
    > authorization and advance parole.
    > Of course, the reasons for the denial of the prior application will be
    > considered when the second application is processed, and if it was an
    > outright denial for a ground of inadmissibility or fraud, they are
    > must deny again unless there is a change in circumstances (such as the
    > 3/10 year bar has expired, etc.) or other new facts presented which
    > show the prior decision was invalid.
    > CP

Tjw & Acw

All ready have one: my father. He clear 50k a year before taxes (compared
to my typical under 20k, so we knew we needed a cosponsor when we filed.)

--
TJW & ACW
---------------------------------------

--------------------------------------
"Chris Parker" wrote in message
news:[email protected]...
    > > Done before the judge? Meaning in the courtroom or that you have a
chance
    > > to file before they issue the removal order?
    > Usually you'd file it with the court under your case file prior to the
    > hearing. You could also present it to the judge at the hearing, I
    > suppose (I'd bring another copy if I were you). BTW, this is known as
    > filing for adjustment "defensively," so there is no filing fee when
    > done.
    > > Thanks for answering my questions. My wife is worried that, since I"ve
been
    > > out off work for a month now-- to take care of her and the baby-- that
    > > she'll be denied an AOS and that they'll kick her back to Canada.
    > Get a co-sponsor (who is employed) on your Affidavit of Support;
    > that'll solve that issue pretty quickly.
    > CP

Ben Johnson

Chris,

Are you hard of hearing (or reading) ??

There IS a process more involved that just picking up another form and
filing...... you said so yourself..... "appeals", "renewing your application
before a judge"...whatever....

AND....these guys should get a lawyer.......

If they were foolish enough to show up to an AOS interview without a
supportable I-864, they can not handle this, from here on out...... That is,
if they are serious about the wife staying here.

Ben


"Chris Parker" wrote in message
news:[email protected]...
    > > You heard wrong....
    > >
    > > If your AOS is denied, then it is denied....you don't just pick up a new
    > > form an re-file.
    > >
    > > There is an appeals process and you should hire a lawyer if this is
    > > important to you.....
    > You heard wrong, there is no appeal available on adjustment of status
    > application decisions. You are only granted the privilege of
    > renewing your application before an immigration judge in
    > deportation/removal proceedings, if they are initiated by INS.
    > If, following the denial, they do not initiate deportation/removal
    > proceedings, re-filing is exactly what you should do to stay out of
    > deportation/removal proceedings and remain eligible for employment
    > authorization and advance parole.
    > Of course, the reasons for the denial of the prior application will be
    > considered when the second application is processed, and if it was an
    > outright denial for a ground of inadmissibility or fraud, they are
    > must deny again unless there is a change in circumstances (such as the
    > 3/10 year bar has expired, etc.) or other new facts presented which
    > show the prior decision was invalid.
    > CP

Tjw & Acw

Do you honestly think I would risk my wife being deported and seperated from
our son because I just thought it was cool to file for an AOS? I knew there
was no way in hell I was going to met the 125% guideline; fates above and
below I worked freelance for the last 6 years, 90% of the time for the
byline (ie no pay) and there were years I was lucky to clear 3K if event
that. I can read and I do have a brain. We've not even gotten a interview
date yet. We have my father as a consponsor (trust me he more than clears
the guideline). And there is no reason for us to be denied.

The reason I asked the question is from an academic point of view. It's
called being prepared and learning. This is a first for me and my wife, so
naturally I want to learn as much as I can. Even if we needed/had a lawyer
I would still be checking facts and studying up on procedures. It's simply
the smart thing to do.
--
TJW & ACW
---------------------------------------

--------------------------------------
"Ben Johnson" wrote in message
news:[email protected]...
    > Chris,
    > Are you hard of hearing (or reading) ??
    > There IS a process more involved that just picking up another form and
    > filing...... you said so yourself..... "appeals", "renewing your
application
    > before a judge"...whatever....
    > AND....these guys should get a lawyer.......
    > If they were foolish enough to show up to an AOS interview without a
    > supportable I-864, they can not handle this, from here on out...... That
is,
    > if they are serious about the wife staying here.
    > Ben
    > "Chris Parker" wrote in message
    > news:[email protected]...
    > > > You heard wrong....
    > > >
    > > > If your AOS is denied, then it is denied....you don't just pick up a
new
    > > > form an re-file.
    > > >
    > > > There is an appeals process and you should hire a lawyer if this is
    > > > important to you.....
    > >
    > > You heard wrong, there is no appeal available on adjustment of status
    > > application decisions. You are only granted the privilege of
    > > renewing your application before an immigration judge in
    > > deportation/removal proceedings, if they are initiated by INS.
    > >
    > > If, following the denial, they do not initiate deportation/removal
    > > proceedings, re-filing is exactly what you should do to stay out of
    > > deportation/removal proceedings and remain eligible for employment
    > > authorization and advance parole.
    > >
    > > Of course, the reasons for the denial of the prior application will be
    > > considered when the second application is processed, and if it was an
    > > outright denial for a ground of inadmissibility or fraud, they are
    > > must deny again unless there is a change in circumstances (such as the
    > > 3/10 year bar has expired, etc.) or other new facts presented which
    > > show the prior decision was invalid.
    > >
    > >
    > > CP
    > >

Rita

It is not as rare as you believe it to be. However, knowing you and
your wife and your story, I don't feel that you will be denied. The
only reason would be denial based on inability to financially sponsor
and you have that covered with your father's co-sponsorship. Your
marriage is legitimate and the issue you both are concerned about is
the medical bills outstanding because of her delivery problems.

Are you both still considering your moving to Canada. I know this was
an option you had wanted to pursue in the beginning of your courtship.

Rete


"TJW & ACW" wrote in message news:...
    > > This is usually done after an "abandonment" of an application occurs
    > > to resume the adjustment process. That can happen if you miss an
    > > adjustment interview without rescheduling, depart the U.S. without
    > > Advance Parole and return some other way, or if you don't supply
    > > additional requested evidence to INS by the specified deadline. It is
    > > also done in deportation/removal proceedings before the immigration
    > > judge to obtain adjustment to permanent residence status rather than
    > > an order of deportation/removal.
    >
    > Done before the judge? Meaning in the courtroom or that you have a chance
    > to file before they issue the removal order?
    >
    > Thanks for answering my questions. My wife is worried that, since I"ve been
    > out off work for a month now-- to take care of her and the baby-- that
    > she'll be denied an AOS and that they'll kick her back to Canada. Naturally
    > she doesn't want to leave our son or me, and we don't want her to leave.
    > And, from what I've looked into too, it's very, very, rare for the INS to
    > deny an AOS for the mother of a american citizen, especially a newborn
    > infant. Yet, it still is something that worried her, you know. As I told
    > her: 1) They'll understand me taking time off to be with my new son, plus
    > take care of her case of medical problems due to the labor 2) As I said
    > before, according to 99% of the sources I've seen, it's exteremly rare for
    > the mother of a newborn american citizen to be deported; especially
    > considering that I"m a natural-born USC. In most cases where the mother was
    > deported she was here illegally, had a criminal record, and a lot of time
    > was preggers before entering the US and only gave birth on US ground so they
    > could get a green-card. Besides even if they did deny her, we'd have the
    > right to appeal the ruling and refile, with a hardship waiver the
    > second-go-around; since sending her back to Toronto would be a harship on
    > our family.
    >
    > Ever since our son was born, my wife has gotten more and more worred about
    > being deported/having her AOS denied. She's seriously afraid that something
    > will f--k things up and she'll be sent back to Canada and seperated from me
    > and our son for up a year (the amount of time it would take to get my and
    > our son's Canadian immigration papers and get the money saved for us to
    > move.)
    >
    > Again thanks for answering all my questions.

Tjw & Acw

That's still the plan, but it's more like 2 to 3 years done the road; at the
least. Money being the biggest hurdle. I don't want to move up to Toronto
just to end up living with her parents. That's the biggest reason for the
AOS, next to her getting pregnant, so we have time to prepare and move
right.

--
TJW & ACW
---------------------------------------

--------------------------------------
"Rita" wrote in message
news:[email protected]...
    > It is not as rare as you believe it to be. However, knowing you and
    > your wife and your story, I don't feel that you will be denied. The
    > only reason would be denial based on inability to financially sponsor
    > and you have that covered with your father's co-sponsorship. Your
    > marriage is legitimate and the issue you both are concerned about is
    > the medical bills outstanding because of her delivery problems.
    > Are you both still considering your moving to Canada. I know this was
    > an option you had wanted to pursue in the beginning of your courtship.
    > Rete
    > "TJW & ACW" wrote in message
news:...
    > > > This is usually done after an "abandonment" of an application occurs
    > > > to resume the adjustment process. That can happen if you miss an
    > > > adjustment interview without rescheduling, depart the U.S. without
    > > > Advance Parole and return some other way, or if you don't supply
    > > > additional requested evidence to INS by the specified deadline. It is
    > > > also done in deportation/removal proceedings before the immigration
    > > > judge to obtain adjustment to permanent residence status rather than
    > > > an order of deportation/removal.
    > >
    > > Done before the judge? Meaning in the courtroom or that you have a
chance
    > > to file before they issue the removal order?
    > >
    > > Thanks for answering my questions. My wife is worried that, since I"ve
been
    > > out off work for a month now-- to take care of her and the baby-- that
    > > she'll be denied an AOS and that they'll kick her back to Canada.
Naturally
    > > she doesn't want to leave our son or me, and we don't want her to leave.
    > > And, from what I've looked into too, it's very, very, rare for the INS
to
    > > deny an AOS for the mother of a american citizen, especially a newborn
    > > infant. Yet, it still is something that worried her, you know. As I
told
    > > her: 1) They'll understand me taking time off to be with my new son,
plus
    > > take care of her case of medical problems due to the labor 2) As I said
    > > before, according to 99% of the sources I've seen, it's exteremly rare
for
    > > the mother of a newborn american citizen to be deported; especially
    > > considering that I"m a natural-born USC. In most cases where the mother
was
    > > deported she was here illegally, had a criminal record, and a lot of
time
    > > was preggers before entering the US and only gave birth on US ground so
they
    > > could get a green-card. Besides even if they did deny her, we'd have the
    > > right to appeal the ruling and refile, with a hardship waiver the
    > > second-go-around; since sending her back to Toronto would be a harship
on
    > > our family.
    > >
    > > Ever since our son was born, my wife has gotten more and more worred
about
    > > being deported/having her AOS denied. She's seriously afraid that
something
    > > will f--k things up and she'll be sent back to Canada and seperated from
me
    > > and our son for up a year (the amount of time it would take to get my
and
    > > our son's Canadian immigration papers and get the money saved for us to
    > > move.)
    > >
    > > Again thanks for answering all my questions.

Tjw & Acw

    > It is not as rare as you believe it to be. However, knowing you and
    > your wife and your story, I don't feel that you will be denied>

As you said, it's not rare, but rare for a couple whose case is legit.
Mainly I'm going on articles I've read and from what I've spoken with INS
agents about. The biggest reason they'll deport a new mother is, as I said
before, there was something illegal from the get go-- biggest one being
women who enter the US pregnant and use the baby as the reason to get a
greencard. And you're right my father being the cosponsor clears up a lot
of headaches for us; plus the hope that I can get back to work soon, get
some money saved, etc...Even if we feel short on the 125%, if I'm working
and showing that I can keep us off the public-welfare, they'll be forgiving
on the 125% thing, so long as it's not a large sum of difference; again this
is going on what the INS agents I've spoken with have told me. Plus the
big thing they look at is whether my wife is actually trying to be part of
the community and the like (that's the reason I'm hoping the photos I took
when she was helping with Tornado reliefe efforts will come out.)

On a side note:

It's amazing how helpful 90% of the agents are if you treat them like human
beings and actually try to study and find the answers before you call. One
young-lady told me that she's used to getting called and when she can't
answer the question or tells someone they need to reference a certain
information source before calling, they call her a stormtrooper, other
vulgar names, accuse her of violating their civil-rights, etc...She told me
that I was one of the few that actually researched and called only as the
last resort and was actually polite to her. See you get more flies, or
info, with sugar that cuss words.

--
TJW & ACW
---------------------------------------

--------------------------------------
"Rita" wrote in message
news:[email protected]...
. The
    > only reason would be denial based on inability to financially sponsor
    > and you have that covered with your father's co-sponsorship. Your
    > marriage is legitimate and the issue you both are concerned about is
    > the medical bills outstanding because of her delivery problems.
    > Are you both still considering your moving to Canada. I know this was
    > an option you had wanted to pursue in the beginning of your courtship.
    > Rete
    > "TJW & ACW" wrote in message
news:...
    > > > This is usually done after an "abandonment" of an application occurs
    > > > to resume the adjustment process. That can happen if you miss an
    > > > adjustment interview without rescheduling, depart the U.S. without
    > > > Advance Parole and return some other way, or if you don't supply
    > > > additional requested evidence to INS by the specified deadline. It is
    > > > also done in deportation/removal proceedings before the immigration
    > > > judge to obtain adjustment to permanent residence status rather than
    > > > an order of deportation/removal.
    > >
    > > Done before the judge? Meaning in the courtroom or that you have a
chance
    > > to file before they issue the removal order?
    > >
    > > Thanks for answering my questions. My wife is worried that, since I"ve
been
    > > out off work for a month now-- to take care of her and the baby-- that
    > > she'll be denied an AOS and that they'll kick her back to Canada.
Naturally
    > > she doesn't want to leave our son or me, and we don't want her to leave.
    > > And, from what I've looked into too, it's very, very, rare for the INS
to
    > > deny an AOS for the mother of a american citizen, especially a newborn
    > > infant. Yet, it still is something that worried her, you know. As I
told
    > > her: 1) They'll understand me taking time off to be with my new son,
plus
    > > take care of her case of medical problems due to the labor 2) As I said
    > > before, according to 99% of the sources I've seen, it's exteremly rare
for
    > > the mother of a newborn american citizen to be deported; especially
    > > considering that I"m a natural-born USC. In most cases where the mother
was
    > > deported she was here illegally, had a criminal record, and a lot of
time
    > > was preggers before entering the US and only gave birth on US ground so
they
    > > could get a green-card. Besides even if they did deny her, we'd have the
    > > right to appeal the ruling and refile, with a hardship waiver the
    > > second-go-around; since sending her back to Toronto would be a harship
on
    > > our family.
    > >
    > > Ever since our son was born, my wife has gotten more and more worred
about
    > > being deported/having her AOS denied. She's seriously afraid that
something
    > > will f--k things up and she'll be sent back to Canada and seperated from
me
    > > and our son for up a year (the amount of time it would take to get my
and
    > > our son's Canadian immigration papers and get the money saved for us to
    > > move.)
    > >
    > > Again thanks for answering all my questions.

Rita

"TJW & ACW" wrote in message news:...
Plus the
    > big thing they look at is whether my wife is actually trying to be part of
    > the community and the like (that's the reason I'm hoping the photos I took
    > when she was helping with Tornado reliefe efforts will come out.)
    >
    > TJW & ACW

I have never heard of this as one of the criteria for approving an
AOS. I'm sure the photos will be an added plus but if being a part of
the community is a requirement I would think that it would be a large
percent of adjusters who would not make the grade. People are so busy
adjusting to marriage, staying afloat financially, and accimilating to
a new country/language/culture, etc. that not many have time to
volunteer for community activities.

Did you leave your job completely or just go on maternity leave to
care for your child. I'm not sure about this but I thought men were
to be given some maternity time off if they desired to take it without
losing their positions.

Rete

Tjw & Acw

    > I have never heard of this as one of the criteria for approving an
    > AOS. I'm sure the photos will be an added plus but if being a part of
    > the community is a requirement I would think that it would be a large
    > percent of adjusters who would not make the grade. People are so busy
    > adjusting to marriage, staying afloat financially, and accimilating to
    > a new country/language/culture, etc. that not many have time to
    > volunteer for community activities.

I'm not taking it as a criteria, it's just something I wanted to have. The
reason we volunteered was because the affected area was less than 30 minutes
from us, plus the fact that it was the area that the bulk of my family
lives in. Frankly I"m surprised we had the time, but we did. Mostly we
jsut hauled food up to the shelters/FEMA/Red Cross centers (you've not had
fun till you've changed a diaper in the middle of Red Cross staging area
LOL) To be honest I wasn't even thinking about the INS while we were up
there, I was taking the photos for a local paper and TV station (one of my
unpaid freelance gigs, really got stop doing those)

    > Did you leave your job completely or just go on maternity leave to > care
for your child. I'm not sure about this but I thought men were to be given
some maternity time off if they desired to take it without losing their
positions.

Lost it completely. I was having personal problems with one of the
assistant-managers anyway and was in the process of filing a grievance
against her anyhow; so, even though I loved the job I had, it wasn't to much
of a heart-break on the personal front when I quit. The phrased used by the
AM when I put in for time off for around the time of my wife's due date and
told her that I would have to cut and run at a moment's notice when my wife
went into labor was "Well, we'll see. You never know, you might not be
useful when you come back if you take to much time off" and, my personal
favorite "Do you really need to be there? You do have an obligation to the
store." So it was decided that I would be better off moving on down the
road.

Right now I've gotta couple of promising leads, in fact I'm taking the
Postal-Civil Service test this Thrusday, and one standing offer for a
Prepcook job waiting anytime after the 1st of the month; I just don't want
to go that route cause me and one the young-ladies at the place don't get
along too well, plus I hated being up to my elbows in blood on a daily
basis. I'm also expanding my freelance business into online publishing. I'm
going the route of publishing all original, experimental style sci-fi series
and reviviing, by popular demand, my old political analysis column;
hopefully this expansion will get some fund rolling in, since my design
business is down to one contract and some charity work that I do (I tell you
I'm to soft a touch). So it's not like I don't have irons in the fire,
it'll just be 2 to 3 weeks more before they play out. Worse comes to worse,
I can sling fries at the local Mickey-D's or fix sandwiches at the Subway
(which I actually do love doing, next to being a Barista)
.


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TJW & ACW
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