country_canuck

Our 130 interview went really well, nice officer and helpful. She even allowed us to fax a document we didn't have and have our attorney hand deliver a copy of a "related file" dealing with our appeal that she didn't have in order to move things along.

We are cautiously optimistic.

Folinskyinla

Hi:

Sounds good. I wonder if the DAO was working with a "T" file? [Was her file in a brown folder or was it in a colored folder. Normal "A" files are the brown folders. FWIW, the EOIR file will be blue -- you saw that when you were in court].

ian-mstm

Excellent!

Ian

country_canuck

To be honest I can't recall what colour it was! Trying to think back and I think it was brown/green like all the others in her office. I did notice ours was pretty thick and almost the thickest. That struck me as interesting given that she had nothing dealing with the appeal. We sent 2 requests for remand, a supplementary and a very in depth brief which all added up to perhaps almost double our file size. As I said, that was apparently all missing. Our attorney explained how sometimes that can happen when files are split and somehow don't get joined back up, they have to create a "temp" file... is this the "T" file that you refer to perhaps?

Are you kidding? We saw nothing in court, we were not even allowed to enter our 130 copies to the court (after I made 4 or 5 copies, they were huge because they had as much supporting evidence as we could put together including pictures etc.), remember which IJ we are talking about here!

My attorney and this officer had a nice small talk on the way to her office, they obviously have an aquaintance relationship built. She seemed almost grateful when our attorney offered to hand deliver a complete copy of the appeal docs and made a point that this would spare her having to write an RFE.

One area of concern arose, we don't have a lease or deed on our house. Our housing is part of my wife's compensation package, we pay the utilities. We had utility bills, joint names, but no lease. We explained why and asked her if we could have my wife's boss fax her a letter confirming this and she seemed pleased that we would do that, today. Again she mentioned that then she would not have to issue an RFE.

So it appears that she wants to move our case along, get it off her desk.

I guess that could go both ways but everyone is satisfied that a positive decision will be issued and we will have an approved 130.

Next step is to write the BIA and ask them to remand our case back to the court based on an approved 130, which they apparently have to do. (We have a very solid appeal anyway, but we need to get it back down to the court level the sooner the better)

It could take several months for BIA to remand, they might even have a decision enroute anyway given it has been 6 months since we briefed and the government filed their answer. But the BIA doesn't seem to dance to a "schedule" per se.

Once we get that we are going to try and get the DOA to dismiss the case and hopefully not have to appear in front of her highness again!

The new AOS will be filed around then as well, apparently timing will be the determining factor on when that will be done.

Apparently, a Velarde hearing will not be required with an approved 130 in hand since the Velarde is used primarily to determine whether the petitioner and spouse will qualify for a 130. However, the IJ could pull a quickie and set a calendar date - perhaps just cuz. We are hoping that she just lets it go and agrees to dismiss. Truthfully, this would be just.

Then it should be simply paperwork.

Please correct any holes Mr. F., I am sure that I have glossed over some things but in a nutshell this is how I understand the process should go barring anymore wierdness...

One major stress and hurdle behind us! Many more to come. I wouldn't wish this path on anyone!

country_canuck

Thanks Ian!

Our Pom wears pink sneakers and green Ralph Lauren Cashmere Turtleneck Cardigans...except in the summer - then he wears a pink Ralph Lauren Polo...

Folinskyinla

Hi:

You don't know the jargon -- but there is no need to make those corrections in your description -- which doesn't seem all that bad.

The only thing I would mention is something that I mentioned before -- it is my position that you can "renew" your old adjustment based upon the second marriage. However, my experience with this is quite varied. If DHS goes along with it, fine and dandy. However, they may want their $1010. Also, I think you can "file" the adjustment with the board directly after approval of the I-130 [and paying fee via Texas] and ask for remand of the filed petition.

When I mention this, I want to emphasize that this is a judgment call by your attorney. You like him and you trust his judgment.

I may be a lawyer, but I am not your lawyer and I am not sniping at your lawyer in any way -- he seems to have a good handle on it.

Good luck.

country_canuck

Mr. F. Thanks.
There are a couple of other options as well and most of them hinge on timing, when the 130 gets approved, where the appeal is etc. My attorney has several plans in hand and will play the one that best suits the "timing" as he put it. Best case scenario, green card for Christmas. but there is still a lot of work to do and many things could go awry.

So we wait.

Folinskyinla

Hi:

It is good that you realize the uncertainty and the multiple paths your case can take. This is not all that uncommon when in litigation. I know from experience that many people are very uncomfortable with this -- and I don't blame them. But sometimes, I feel that the attorney is the one that gets blamed.

country_canuck

Attorneys are only human, well some of them!
They make mistakes, like our first one that didn't file a written request for exemption with our 130. That's a pretty major procedural gaff, yes?

country_canuck

So a letter from DHS arrives today, do I want to open it or not? Good news or bad? I open it and chuckle... it is a I-797C NOA informing me of an appointment for biometrics. Apparently my fingerprints have expired on the 485 and 765 filed in December 2006. That is of course the AOS file from my marriage gone bad that lead to my current removal proceedings status.

So not good news nor bad news, just silly.

An approved 130 would have made my day... sigh!

I wonder if our 130 is approved and somehow we are able to file the new 485 and 765 before this appointment .... if I will then have to go in for yet another set of bios? Interesting, but I sure don't plan on missing this appt. at any rate!

Folinskyinla

Hi:

Talk to your lawyer on Monday. No sense on mutchering on it over the weekend.

country_canuck

Mutchering? That's a new one!

Doesn't matter really, I just thought it was funny as I am sure a computer somewhere spit it out automatically, since the old 485 is still on the books.

That and chuckling over how fingerprints can "expire".... what a waste of financial resources.

meauxna

heh, I had to look that one up too just for the fun of it. The #1 hit site is called bubbygram.com which you HAVE to just love.

I don't think the fingerprint call is automagic; it's probably related to your recent activity. Biometrics 'expire' after 15 months IIRC.
hmm, but you don't have a new I-485.

Well, enjoy the dictionary over the weekend instead. Maybe you can learn some effective new cuss words.

Folinskyinla

Not that new -- it is a Yiddish word for bother or harass, often used in the self-reflective sense of "don't bother yourself over it."