inquiry on appealing for AoS
 

Hello there!

Long time lurker, first time poster here on BritishExpats.

Just a couple of questions on adjustment of status'. Did some googling, and I'd just like to get questions re-affirmed for a peace of mind.
Been living in the US since 2002, filed for adjustment of status in 2007, thus rescinding my A2 visa. Almost 5 years later, around mid-march is when I received a letter from USCIS denying my adjustment of status for section 13 (diplomat). Right now I was weighing my options on what to do. I was thinking of doing an appeal I-290B.

1. How much would it cost to file an appeal regarding my adjustment of status.
2. How long would it take for USCIS to make a final decision on my claim.
3. Can I re-apply my EAD while I wait for my appeal (expires in March of 2013).

Just being positive and strong, and if the decision comes that I have to go back home, then it just is. I'm actually grateful for those 5 years staying in America, even while it was in limbo. If you guys need more information in order to help, I'd be happy to oblige.


Thanks

Re: inquiry on appealing for AoS
 

My guess is that your case is beyond the scope of an internet forum, you need to speak to an immigration attorney. Especially AOS from A2 visa. Normal AOS cases take under 1 year...yours took an unusually long time, at 5 years!

Rene

Re: inquiry on appealing for AoS
 

For some reason, maybe there was someone watching over me and my family, that's why it took such a long time. Then again, so was the backlog for USCIS until they took a look at my case. Haven't been back home in almost 10 years (due to A2, and then AoS in 2007).

But, thanks anyways, if anyone else can put in their two cents, much obliged. (I'll look into an attorney sometime this week or early next).

Re: inquiry on appealing for AoS
 

Was there no reason given for the denial?

Rene

Re: inquiry on appealing for AoS
 

On page 2 of the I-485: http://www.uscis.gov/files/form/i-485instr.pdf

10. Who is Not Eligible to Adjust Status?

I. You have A, E, or G nonimmigrant status.....if you are an A or G nonimmigrant, unless you submit a completed Form I-566.

Does this apply to you? Did you submit Form I-566?

Rene

Re: inquiry on appealing for AoS
 

Your EAD would no longer be valid as it is linked to your AoS status.

Re: inquiry on appealing for AoS
 

On what grounds did you apply for adjustment of status if it states that A visa holders are not eligible to apply which is further validated by their denial of your petition.

If you did file who not eligible count your lucky stars and make your plane reservations back to your own country as you can't appeal something that had no grounds for filing.

Re: inquiry on appealing for AoS
 

Hello,

and thanks a lot for the replies, that is much appreciated.

I based it on asylum - and yes, there is a motion to appeal. I've already googled for decent lawyers in the San Francisco bar area locale (where I'm currently living), but from what I can gather, very few lawyers know about section 13. Lawyers in Washington D.C. and New York are more familiar with it, since they're close to the U.N; and a lot of foreign dignitaries live there as well.

Also, to Rene, yes, I did file the I-566 rescinding my diplomatic immunity, much appreciated that you took the time to check that out.

Does anyone know any good lawyers in the San Francisco Bay Area with an excellent track record?

Thanks

Re: inquiry on appealing for AoS
 

Immigration Law is Federal, so even if you find a good lawyer in Washington DC or New York, they can still help you.

I don't know anyone personally, but you can try searching www.ailalawyer.com to start asking around.

Rene

Re: inquiry on appealing for AoS
 

Just curious...I take it you did not use a lawyer to file your asylum-based AOS? You should have retained an immigration attorney from the start, for that sort of thing, in my opinion. An asylum case is not really a do-it-yourself kind of thing.

Rene

Re: inquiry on appealing for AoS
 

I find these two statements to be contradictory. An asylum-based case means you are in fear of returning to your home country....but in your first post, you seem OK going back home if that's what it comes to.

It can't be both...

Rene

Re: inquiry on appealing for AoS
 

Ah, yes. Thanks Rene for your continued responses. I did acquire the services of a Lawyer 5 years ago, back in 07. He was based in New York, and was familiar with section 13 for diplomats.

Right now i'm currently shooting off emails to several lawyers within the SF area, asking if they're familiar with both appeals and section 13. I'm also trying to get in touch to my old lawyer that did my papers in 07.

I also privately PM'd you Rene my reasons on asylum.

Re: inquiry on appealing for AoS
 

Thank you for the PM. I understand your situation more now.

Rene

Re: inquiry on appealing for AoS
 

One more question, and I am curious; I've accrued a modest amount of credit card/loan debt during my stay in the US, and I've got a sizable credit line available for use, (less than 10,000USD).

If I do have to go home, knowing the possibility that I won't come back to the US, will my debt come haunting me back in my home country?

thanks for the response.

Re: inquiry on appealing for AoS
 

Probably not.

Rene