immigration
Jul 2nd 2001, 5:16 am
#1
Guest
Posts: n/a
I personally think my case is nearly hopeless, but can you please give me your
perspective?
I came to the US on J-1 in 1996. Then switched to F-1 and got my undergraduate
degree in Charleston, SC. When I was 19, my mom won a Green Card and we filed
I-485 to adjust my status. Somehow, I have not heard from the INS ever since they
took my finger prints, I have not even received a letter of denial. Senator
Hollings was on my case and his guy told me that my application was lost once and
then it was processed 19 days late , i.e. 19 days after the year of the Diversity
program was over. So, I was left with nothing and my mom filed I-130 in October
1999. Meanwhile, I was accepted to a PhD program in Economics at the University
of MN. Although my student visa has expired last year, I am still legal in the US
and just completed my first year of grad school. This year I went to Canada but
my application for student visa was denied there because my case was too
complicated for them, they said I need to reapply in Russia, my home country.
What should I do? Should I go ahead and apply for a waiver of J-1 and get married
to an American? Should I bother some MN senator to help expedite my I-130? Should
I travel to Mexico and apply for my student visa and lie about my mom petitioning
for me, btw, can they get that information? Or wait for my mom to get her
citizenship, but that's another problem as my farther doesn't want to live here.
Or should I sue the INS on the basis of their incompetence in the processing my
I-485? Which is the best way and the easiest and the fastest? Also, given that I
complete the PhD here and suppose get a job at IMF, will I be able to work for
the IMF without going home for two years? Is there any special treatment of intl
organization workers? I am really sorry for this long letter, can you please
respond? Thank you very much, Oksana
perspective?
I came to the US on J-1 in 1996. Then switched to F-1 and got my undergraduate
degree in Charleston, SC. When I was 19, my mom won a Green Card and we filed
I-485 to adjust my status. Somehow, I have not heard from the INS ever since they
took my finger prints, I have not even received a letter of denial. Senator
Hollings was on my case and his guy told me that my application was lost once and
then it was processed 19 days late , i.e. 19 days after the year of the Diversity
program was over. So, I was left with nothing and my mom filed I-130 in October
1999. Meanwhile, I was accepted to a PhD program in Economics at the University
of MN. Although my student visa has expired last year, I am still legal in the US
and just completed my first year of grad school. This year I went to Canada but
my application for student visa was denied there because my case was too
complicated for them, they said I need to reapply in Russia, my home country.
What should I do? Should I go ahead and apply for a waiver of J-1 and get married
to an American? Should I bother some MN senator to help expedite my I-130? Should
I travel to Mexico and apply for my student visa and lie about my mom petitioning
for me, btw, can they get that information? Or wait for my mom to get her
citizenship, but that's another problem as my farther doesn't want to live here.
Or should I sue the INS on the basis of their incompetence in the processing my
I-485? Which is the best way and the easiest and the fastest? Also, given that I
complete the PhD here and suppose get a job at IMF, will I be able to work for
the IMF without going home for two years? Is there any special treatment of intl
organization workers? I am really sorry for this long letter, can you please
respond? Thank you very much, Oksana
Jul 2nd 2001, 12:53 pm
#2
Guest
Posts: n/a
Get an Attorney to process your case!!
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Jul 5th 2001, 7:08 am
#3
Guest
Posts: n/a
Oksana Leukhina wrote:
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If you are subject to the 2 year HRR, you should apply for a waiver of that
obligation. With the 2 year HRR, you would not have obtained permanent resident
status through your mother's Diversity program anyway, even if INS had not delayed
the processing of your case.
By the way, the reason that you became obligated to the 2 year HRR has an effect on
the waiver method available to you. For example, if you became obligated based on the
skills list, you can get a waiver through a statement of no objection from your home
country, but if you are obligated because you accepted Fulbright funding, the
no-objection waiver method is not available to you. See
http://travel.state.gov/j_faq.html.
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You should marry only if you would have married that person anyway. It is not worth
ruining your life to marry for immigration purposes.
Should I bother some MN senator to
>
No. I assume your category is Family 2B, unmarried son or daughter of a U.S.
permanent resident, and the waiting period for the quota is over 8 years. You should
make a written or fax or telephone inquiry of the INS Service Center if the I-130 has
taken more than the usual processing time. It's not unusual for the INS Service
Centers to take a couple of years to approve I-130s in these backed up categories.
See http://www.usvisa.com/process_times.htm for usual processing times.
If your Mom were to become a U.S. citizen, probably 6 years at the earliest after
obtaining PR status, your approved I-130 would be converted automatically to category
Family 1, if you have remained unmarried. You would have a visa immediately available
to you at that time, because the Family 1 waiting period is less than 5 years, and by
that time the wait would have been completed, probably.
Should I travel to Mexico and apply
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This is the stupidest option you have mentioned. Of course they can get that
information if they want, and even if they do not obtain the information right away,
Forms OF 156 (the nonimmigrant visa application form) remain on file, so any lie can
come back to haunt you later.
Or wait for my mom to get her
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See above. By the way, if your mother abandons her permanent resident status by
moving out of the U.S., you will lose eligibility under the I-130 she filed.
Or should I sue the INS on the basis of their
>
No. If you are obligated to the 2 yr HRR, you would not have obtained permanent
resident status anyway.
Which is the best way and the
>
Probably, for you, employment-based immigration.
Also, given that I complete the PhD here and
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Maybe. If you need a J-1 waiver, and you are not eligible for a no-objection
waiver, your employer can pursue an "interested government agency" waiver. Your
employer would have to make the case that your employment at the IMF is in the U.S.
national interest.
Is there any special treatment of
>
Not with respect to obtaining a J-1 waiver.
I am really sorry for this long letter, can
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>
If you are subject to the 2 year HRR, you should apply for a waiver of that
obligation. With the 2 year HRR, you would not have obtained permanent resident
status through your mother's Diversity program anyway, even if INS had not delayed
the processing of your case.
By the way, the reason that you became obligated to the 2 year HRR has an effect on
the waiver method available to you. For example, if you became obligated based on the
skills list, you can get a waiver through a statement of no objection from your home
country, but if you are obligated because you accepted Fulbright funding, the
no-objection waiver method is not available to you. See
http://travel.state.gov/j_faq.html.
>
You should marry only if you would have married that person anyway. It is not worth
ruining your life to marry for immigration purposes.
Should I bother some MN senator to
>
No. I assume your category is Family 2B, unmarried son or daughter of a U.S.
permanent resident, and the waiting period for the quota is over 8 years. You should
make a written or fax or telephone inquiry of the INS Service Center if the I-130 has
taken more than the usual processing time. It's not unusual for the INS Service
Centers to take a couple of years to approve I-130s in these backed up categories.
See http://www.usvisa.com/process_times.htm for usual processing times.
If your Mom were to become a U.S. citizen, probably 6 years at the earliest after
obtaining PR status, your approved I-130 would be converted automatically to category
Family 1, if you have remained unmarried. You would have a visa immediately available
to you at that time, because the Family 1 waiting period is less than 5 years, and by
that time the wait would have been completed, probably.
Should I travel to Mexico and apply
>
>
This is the stupidest option you have mentioned. Of course they can get that
information if they want, and even if they do not obtain the information right away,
Forms OF 156 (the nonimmigrant visa application form) remain on file, so any lie can
come back to haunt you later.
Or wait for my mom to get her
>
See above. By the way, if your mother abandons her permanent resident status by
moving out of the U.S., you will lose eligibility under the I-130 she filed.
Or should I sue the INS on the basis of their
>
No. If you are obligated to the 2 yr HRR, you would not have obtained permanent
resident status anyway.
Which is the best way and the
>
Probably, for you, employment-based immigration.
Also, given that I complete the PhD here and
>
>
Maybe. If you need a J-1 waiver, and you are not eligible for a no-objection
waiver, your employer can pursue an "interested government agency" waiver. Your
employer would have to make the case that your employment at the IMF is in the U.S.
national interest.
Is there any special treatment of
>
Not with respect to obtaining a J-1 waiver.
I am really sorry for this long letter, can
>
Jul 5th 2001, 9:54 am
#4
Guest
Posts: n/a
Sylvia Ottemoeller wrote:
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[usenetquote2]> > I personally think my case is nearly hopeless, but can you please give me your[/usenetquote2]
[usenetquote2]> > perspective?[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > I came to the US on J-1 in 1996. Then switched to F-1 and got my[/usenetquote2]
[usenetquote2]> > undergraduate degree in Charleston, SC. When I was 19, my mom won a Green[/usenetquote2]
[usenetquote2]> > Card and we filed I-485 to adjust my status. Somehow, I have not heard from[/usenetquote2]
[usenetquote2]> > the INS ever since they took my finger prints, I have not even received a[/usenetquote2]
[usenetquote2]> > letter of denial. Senator Hollings was on my case and his guy told me that my[/usenetquote2]
[usenetquote2]> > application was lost once and then it was processed 19 days late , i.e. 19[/usenetquote2]
[usenetquote2]> > days after the year of the Diversity program was over. So, I was left with[/usenetquote2]
[usenetquote2]> > nothing and my mom filed I-130 in October 1999. Meanwhile, I was accepted to[/usenetquote2]
[usenetquote2]> > a PhD program in Economics at the University of MN. Although my student visa[/usenetquote2]
[usenetquote2]> > has expired last year, I am still legal in the US and just completed my first[/usenetquote2]
[usenetquote2]> > year of grad school. This year I went to Canada but my application for[/usenetquote2]
[usenetquote2]> > student visa was denied there because my case was too complicated for them,[/usenetquote2]
[usenetquote2]> > they said I need to reapply in Russia, my home country. What should I do?[/usenetquote2]
[usenetquote2]> > Should I go ahead and apply for a waiver of J-1[/usenetquote2]
>
>
>
>
>
>
[usenetquote2]> > easiest and the fastest?[/usenetquote2]
>
>
>
>
[usenetquote2]> > suppose get a job at IMF, will I be able to work for the IMF without going[/usenetquote2]
[usenetquote2]> > home for two years?[/usenetquote2]
>
>
>
>
>
One more option: the IMF may be able to obtain O-1 status for you. You can get into
O-1 status, by leaving the U.S., getting an O-1 visa stamp, and re-entering in O-1
status, even if you are obligated to the 2 year HRR. Your obligation is not waived;
you still have to get a waiver before obtaining H-1B or permanent resident status.
O-1 status is available for an initial 3-year period, renewable one year at a time
indefinitely after that.
>
>
[usenetquote2]> > I personally think my case is nearly hopeless, but can you please give me your[/usenetquote2]
[usenetquote2]> > perspective?[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > I came to the US on J-1 in 1996. Then switched to F-1 and got my[/usenetquote2]
[usenetquote2]> > undergraduate degree in Charleston, SC. When I was 19, my mom won a Green[/usenetquote2]
[usenetquote2]> > Card and we filed I-485 to adjust my status. Somehow, I have not heard from[/usenetquote2]
[usenetquote2]> > the INS ever since they took my finger prints, I have not even received a[/usenetquote2]
[usenetquote2]> > letter of denial. Senator Hollings was on my case and his guy told me that my[/usenetquote2]
[usenetquote2]> > application was lost once and then it was processed 19 days late , i.e. 19[/usenetquote2]
[usenetquote2]> > days after the year of the Diversity program was over. So, I was left with[/usenetquote2]
[usenetquote2]> > nothing and my mom filed I-130 in October 1999. Meanwhile, I was accepted to[/usenetquote2]
[usenetquote2]> > a PhD program in Economics at the University of MN. Although my student visa[/usenetquote2]
[usenetquote2]> > has expired last year, I am still legal in the US and just completed my first[/usenetquote2]
[usenetquote2]> > year of grad school. This year I went to Canada but my application for[/usenetquote2]
[usenetquote2]> > student visa was denied there because my case was too complicated for them,[/usenetquote2]
[usenetquote2]> > they said I need to reapply in Russia, my home country. What should I do?[/usenetquote2]
[usenetquote2]> > Should I go ahead and apply for a waiver of J-1[/usenetquote2]
>
>
>
>
>
>
[usenetquote2]> > easiest and the fastest?[/usenetquote2]
>
>
>
>
[usenetquote2]> > suppose get a job at IMF, will I be able to work for the IMF without going[/usenetquote2]
[usenetquote2]> > home for two years?[/usenetquote2]
>
>
>
>
>
One more option: the IMF may be able to obtain O-1 status for you. You can get into
O-1 status, by leaving the U.S., getting an O-1 visa stamp, and re-entering in O-1
status, even if you are obligated to the 2 year HRR. Your obligation is not waived;
you still have to get a waiver before obtaining H-1B or permanent resident status.
O-1 status is available for an initial 3-year period, renewable one year at a time
indefinitely after that.
Dec 10th 2002, 2:52 pm
#5
Guest
Posts: n/a
From a Russian Friend with the same problem
Oksana. Hi, my name is Natalie and I also lived in SC. First at Clemson, then in Hilton Head. The academic first year, 1998-1999, I had a J-1 with the requirement, of course. Then I went to Yekaterinburg and miraculously got an F-1. My mom is in the US now, she is adjusting her status, no green card yet. I am planning on getting married but my boyfriend is really scared to do it, b/c he is not sure if I will be able to get a waiver or I am gonna have to go to Siberia for 2 years. I am trying to get a no-objection letter now, but stilll not confident if I am actually going to be that lucky to get it. I feel your pain and I understand the tone of your letter - pissed. So am I. With me it's even worse. I had a scholarship, but changed schools and lost it. I can't graduate with my Bachelor's degree yet (for 4,5 years + 2 years of schooling in Russia) b/c I can't afford to pay for the Master's, not do I want to go back, nor do I want to stay here illegally. Crap! Sorry! I would like to talk to you. I just subscribed to this thing, I don't even know where I am right now, I just did it to reply to your letter. Email me directly [email protected] or call me 843 263 5095 or 323 571 3905. I am dying to talk to you. You are the first person I know who has the same problem as I do. Good luck. Natasha.
