scrubbedexpat099

That would depend on which is your home country.

So you intend maxing out your CC and doing a runner?

isual13

No. That would be wrong; It has crossed my mind though. I believe my country should not be within the GCC. So I should be fine -unless there are stipulations with other countries that I do not know of. I'm thinking of closing all my accounts, and just paying when I'm back home minimum payments.

I'd like to come back to the States, and really do not want to burn bridges should I have to leave.

Noorah101

One thing you should find out is whether all this time you were waiting for your AOS to be adjudicated is considered an overstay, now that the AOS is denied.

Rene

S Folinsky

Not really related:

OP is correct that most people knowing Section 13 will be in NYC [the UN] or D.C. That said, some of the "national" immigration firms have offices in both Bay Area and the East Coast. [Fragomen comes to mind].

When I was in practice here in Los Agneles, I dealt with section 13 exactly once. I had not done the adjustment on that one, but it was long pending when the old approved petition by the US citizen sister came "current." Although the Section 13 adjustment is not under regular section 245 adjustment, I convinced the local office to "convert" the pending adjustment rather than file a new I-485.

By the time we did that, three children had "aged-out" [no Child Status Protection Act back then], so they did not adjust with parents. Nonetheless, newly minted LPR parents filed I-130's. When the new I-130's came "current" upon naturalization of parents, we pulled the same stunt again. Fortunately, there was case law that following to join Section 13 adjustment was not limited by the standard age provisions and on top of that, the "children" could adjust as follow to join long after parent obtained LPR by other means!

isual13

Thanks Rene, I'll have to remember that one.

isual13

Thanks for the reply. I'm talking with a lawyer, and he said it would be prudent to file a motion to consider, and THEN file for an appeal.

If we go for a motion to consider, do you have any idea how long before AAO would come to a decision? Months? a year or two? Been looking up online, forums and threads put it to 20-24 months, and a lawyer I asked via email said 6-8 months. Unfortunately, this is a section 13 case, so it could possibly be longer or shorter. Of course, I have to think minimally of time in this case, so the 6-8 months would be the realistic spot.

ian-mstm

I don't think anyone here will know the answer to your question, since no one here has had your experience. My guess - it will take as long as it takes.

Ian

isual13

thanks for the reply. I'll keep this thread updated.

scrubbedexpat099

Does an MTR get you an EAD?

isual13

No idea if filing for an MTR re-authorizes my EAD. What I do know now is, it is now revoked which puts me out of status (asked a couple of lawyers on this). Legally, I'm out of status, but when I do speak to the lawyer this week who can help me out seek possible avenues, we'll see. again, I'll keep this thread updated.

also, for anyone lurking, if you have any questions that I could possibly ask my lawyer that come to mind, please feel free to input them. I'm trying to brainstorm, peruse through forums and threads on questions about what I can do, what options I can take. Anything would be much appreciated.

Noorah101

Just to be clear, it's not the EAD being revoked which puts you out of status. It's the AOS denial. A consequence of having AOS denied means that the EAD is no longer valid.

Rene

isual13

thnaks for the clarification, appreciate it. going to talk to a lawyer on Monday and Tuesday; question is, will our EAD be re-instated while we file for a motion to reconsider.

scrubbedexpat099

The issue is more can you apply for one, not that it would be reinstated.

isual13

Update on my situation, currently going for a re-application, and will drop close to 4k.

Noorah101

So not the motion to reconsider? You're doing a whole new AOS application?

Rene