mrs.salisbury

I've had an attorney from the beginning. Unfortunately, some papers from immigration came to me instead of my attorney. We had a notice to appear for the biometrics etc which we completed and the medical. like a dummy I sent off the papers to immigration without my attorney because I didn't know any better. This disrupted my case a bit and deleyed things. Finally they said they did indeed receive everything. I called immigration myself to check the status of my case and they said it was within normal processing time and my husbands advanced parole and work permit should be in the mail in the next few weeks. Three weeks went by, and my attorney said he was informed my case was denied and we had 30 days to file a motion to reconsider. He said it was over a missing tax paper because I only gave them what I had at the time (silly me) when I sent off everything else on my own. I gave them my W-2 instead of my completed tax document from the IRS. This is what has apparently got me denied. I paid the filing fee of $585 and gave the correct document and now I'm still waiting. I only filed head of househould because I am the one with income, we were married October 12th of 2007 (two months before the year was over) and he had no social security number to provide because our case was still being processed. I'm now afraid I've messed up everything. We just lost a baby and I am a nervous wreck! The thought of me losing my husband because of something stupid I did will kill me. Sorry to be emotional but this has been a nightmare. Thanks for everybodys help.

Elvira

Okay - you need to calm down because your situation is fixable.

I still do not understand why the original application was submitted without the requisite *properly filed!!!* tax returns and the medical. Your attorney should have known that you cannot do this and that you would receive a RFE/request for evidence.

Unless there is something which I have missed, or which you have not told us, I would have serious reservations about this attorney.

I have read advice elsewhere that it is often quicker and easier to refile a complete new petition rather than wait for a motion to reopen to be approved. If I were in your shoes, I would get a second opinion from another attorney. This could probably be done over the phone - provided you have all your facts and dates ready. (Might even be free - a lot of attorneys are happy to give 10 minutes of their time to damsels in distress ...)

Maybe one of our resident legal brains will see this thread in the course of the day and comment...

(Just re-read your post - so sorry to hear of you losing your baby)

Noorah101

I'm sorry for your recent loss.

Don't worry, I think you are on the right track now. You've reopened your case, you've sent them the tax document they've asked for, that's all you were required to do, and you've done it.

Keep in touch with the attorney from now on if you do get something from USCIS, share it with him and let him handle it. But from what you've said, it sounds like you are back on track.

Just take some time now for some TLC for yourself, sounds like you need it. Get a manicure, pedicure, and massage or something....relax.

Rene

mrs.salisbury

Thanks so much. I've read so many stories of immigration sending peoples loved ones back and my heart goes out to them. My husband in English and we have done everything legally, paid all the fees. We're still waiting word though whether or not immigration will re-open my case. My attorney did receive a receipt from immigration that the filing fee and document were received. I don't know what thier decision will be.