AOS denied,what's next?
Oct 2nd 2002, 5:44 am
#1
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Joined: Oct 2002
Location: NYC
Posts: 4
AOS denied,what's next?
I'm writing from New York City.My husband ans I are dealing with the INS at 26 Federal Plaza and the INS at Stewart Ave in Garden City, Long Island. Does anyone have any specific information about these particular locations? It would be very helpful, A.S.A.P.
We basically got married in April 2001[taking advantage of the paragraph 245].My husband is an U.S citizen and me as a polish immigrant I've been in this country for 5 years.We filed all the necessery doc with a laywer ,but we never really had one to run our case to its happy end.To our surprise we never recieved any invitation to an interview and were waiting patiently to get any news from INS.And finally we've got one 3 days ago.It was a denial of our case.According to INS document our interview was scheduled for the 15th of May 2002 and because we,ve"abandoned "our interview ,I loose the previllage to adjust my status.This is a complete misunderstanding because we've never received any notification from INS and now we are being punished seriously for something that we haven't done.What would be the best solution.MOTION TO REOPEN or STARTING THE CASE ALL OVER AGAIN.Can we do both at the same time? What is the chance that we will be reconsidered if we file for the motion to reopen? Can fighting for juistice by getting a congressmen attention makes any sense? Please advice what to do.Feeling so hopless , situation is very painfull.
We basically got married in April 2001[taking advantage of the paragraph 245].My husband is an U.S citizen and me as a polish immigrant I've been in this country for 5 years.We filed all the necessery doc with a laywer ,but we never really had one to run our case to its happy end.To our surprise we never recieved any invitation to an interview and were waiting patiently to get any news from INS.And finally we've got one 3 days ago.It was a denial of our case.According to INS document our interview was scheduled for the 15th of May 2002 and because we,ve"abandoned "our interview ,I loose the previllage to adjust my status.This is a complete misunderstanding because we've never received any notification from INS and now we are being punished seriously for something that we haven't done.What would be the best solution.MOTION TO REOPEN or STARTING THE CASE ALL OVER AGAIN.Can we do both at the same time? What is the chance that we will be reconsidered if we file for the motion to reopen? Can fighting for juistice by getting a congressmen attention makes any sense? Please advice what to do.Feeling so hopless , situation is very painfull.
Oct 2nd 2002, 10:58 am
#2
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Joined: Sep 2002
Posts: 16,266
Re: AOS denied,what's next?
Originally posted by giselle:
I'm writing from New York City.My husband ans I are dealing with the INS at 26 Federal Plaza and the INS at Stewart Ave in Garden City, Long Island. Does anyone have any specific information about these particular locations? It would be very helpful, A.S.A.P.
We basically got married in April 2001[taking advantage of the paragraph 245].My husband is an U.S citizen and me as a polish immigrant I've been in this country for 5 years.We filed all the necessery doc with a laywer ,but we never really had one to run our case to its happy end.To our surprise we never recieved any invitation to an interview and were waiting patiently to get any news from INS.And finally we've got one 3 days ago.It was a denial of our case.According to INS document our interview was scheduled for the 15th of May 2002 and because we,ve"abandoned "our interview ,I loose the previllage to adjust my status.This is a complete misunderstanding because we've never received any notification from INS and now we are being punished seriously for something that we haven't done.What would be the best solution.MOTION TO REOPEN or STARTING THE CASE ALL OVER AGAIN.Can we do both at the same time? What is the chance that we will be reconsidered if we file for the motion to reopen? Can fighting for juistice by getting a congressmen attention makes any sense? Please advice what to do.Feeling so hopless , situation is very painfull.
I'm writing from New York City.My husband ans I are dealing with the INS at 26 Federal Plaza and the INS at Stewart Ave in Garden City, Long Island. Does anyone have any specific information about these particular locations? It would be very helpful, A.S.A.P.
We basically got married in April 2001[taking advantage of the paragraph 245].My husband is an U.S citizen and me as a polish immigrant I've been in this country for 5 years.We filed all the necessery doc with a laywer ,but we never really had one to run our case to its happy end.To our surprise we never recieved any invitation to an interview and were waiting patiently to get any news from INS.And finally we've got one 3 days ago.It was a denial of our case.According to INS document our interview was scheduled for the 15th of May 2002 and because we,ve"abandoned "our interview ,I loose the previllage to adjust my status.This is a complete misunderstanding because we've never received any notification from INS and now we are being punished seriously for something that we haven't done.What would be the best solution.MOTION TO REOPEN or STARTING THE CASE ALL OVER AGAIN.Can we do both at the same time? What is the chance that we will be reconsidered if we file for the motion to reopen? Can fighting for juistice by getting a congressmen attention makes any sense? Please advice what to do.Feeling so hopless , situation is very painfull.
I'm in Los Angeles and can't testify to the details in New York. However, this has happened to our office on occassion. Here in L.A., we can make an motion to reopen without filing fee and get the thing reset. Inasmuch as both our clients AND us were to get notice, these have been granted.
Oct 2nd 2002, 12:49 pm
#3
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Re: AOS denied,what's next?
"giselle" wrote in message
news:431371.1033537493@britishexpats-
.com...
> I'm writing from New York City.My husband ans I are dealing with the INS
> at 26 Federal Plaza and the INS at Stewart Ave in Garden City, Long
> Island. Does anyone have any specific information about these particular
> locations? It would be very helpful, A.S.A.P.
> We basically got married in April 2001[taking advantage of the paragraph
> 245].My husband is an U.S citizen and me as a polish immigrant I've been
> in this country for 5 years.We filed all the necessery doc with a laywer
Do you mean section 245(i)? You may just mean section 245 which is
adjustment of status - perfectly fine. *If* you mean section 245(i) I'm
wondering why? Usually spouses of US citizens do not need section 245(i)
because they originally entered the US legally - the main exception are
Mexicans and some other central / Southern American nationals who sneak
across the border from Mexico. That's rather unusual for a Pole so I'm
assuming you entered legally and overstayed - in which case you wouldn't
need 245(i) at all. Anyway, perhaps you meant what you wrote in which case
forgive my rambling!
> waiting patiently to get any news from INS.And finally we've got one 3
> days ago.It was a denial of our case.According to INS document our
> interview was scheduled for the 15th of May 2002 and because
> we,ve"abandoned "our interview ,I loose the previllage to adjust my
This happens all the time - especially if you have changed address during
the process, but even without that. You go in, you tell them you never got
the interview notice and usually they'll just re-open it and sometimes
generate a new date on the spot (though that's not that common so don't
expect it). If you get any problems you immediately contact your husband's
representatives (senate / congress).
Andy.
--
I'm not really here - it's just your warped imagination.
news:431371.1033537493@britishexpats-
.com...
> I'm writing from New York City.My husband ans I are dealing with the INS
> at 26 Federal Plaza and the INS at Stewart Ave in Garden City, Long
> Island. Does anyone have any specific information about these particular
> locations? It would be very helpful, A.S.A.P.
> We basically got married in April 2001[taking advantage of the paragraph
> 245].My husband is an U.S citizen and me as a polish immigrant I've been
> in this country for 5 years.We filed all the necessery doc with a laywer
Do you mean section 245(i)? You may just mean section 245 which is
adjustment of status - perfectly fine. *If* you mean section 245(i) I'm
wondering why? Usually spouses of US citizens do not need section 245(i)
because they originally entered the US legally - the main exception are
Mexicans and some other central / Southern American nationals who sneak
across the border from Mexico. That's rather unusual for a Pole so I'm
assuming you entered legally and overstayed - in which case you wouldn't
need 245(i) at all. Anyway, perhaps you meant what you wrote in which case
forgive my rambling!
> waiting patiently to get any news from INS.And finally we've got one 3
> days ago.It was a denial of our case.According to INS document our
> interview was scheduled for the 15th of May 2002 and because
> we,ve"abandoned "our interview ,I loose the previllage to adjust my
This happens all the time - especially if you have changed address during
the process, but even without that. You go in, you tell them you never got
the interview notice and usually they'll just re-open it and sometimes
generate a new date on the spot (though that's not that common so don't
expect it). If you get any problems you immediately contact your husband's
representatives (senate / congress).
Andy.
--
I'm not really here - it's just your warped imagination.
Oct 2nd 2002, 4:19 pm
#4
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Thread Starter
Joined: Oct 2002
Location: NYC
Posts: 4
Re: AOS denied,what's next?
Thank you for your advice.But I'm really afraid it will take INS log time to reconsider and they may deny.How can I possibly proof that I havn't received this document if it wasn't sent with cerified mail.Can I possibly file motion to reopen anf file for new case at the same time?
Oct 2nd 2002, 6:05 pm
#5
Guest
Posts: n/a
Re: AOS denied,what's next?
> To our surprise we never recieved any invitation to an interview and were
> waiting patiently to get any news from INS.And finally we've got one 3
> days ago.It was a denial of our case.According to INS document our
> interview was scheduled for the 15th of May 2002 and because
> we,ve"abandoned "our interview ,I loose the previllage to adjust my
> status.This is a complete misunderstanding because we've never received
> any notification from INS and now we are being punished seriously for
> something that we haven't done.What would be the best solution.MOTION TO
> REOPEN or STARTING THE CASE ALL OVER AGAIN.Can we do both at the same
> time? What is the chance that we will be reconsidered if we file for
> the motion to reopen? Can fighting for juistice by getting a congressmen
> attention makes any sense? Please advice what to do.Feeling so hopless ,
> situation is very painfull.
Be thankful you got the denial notice. I did not (had to get EAD and
AP denied and make a congressional inquiry to find out what happened).
You are not being punished, just being delayed in obtaining permanent
resident status.
Lawyers tell me a motion to reopen/reconsider in NYC will take as long
as a new adjustment case. However, you won't be able to receive a new
EAD or AP while waiting for a reopen/reconsider case, nor will you be
"lawfully present" while waiting since you do not have a pending
adjustment application while they are deciding if to reopen the case.
The best choice is to just refile for adjustment (help avoid 6 months
or 1 year of unlawful presence from accruing, if it hasb't already).
You'll probably be adjusted after 2 years of marriage that way also,
and thereby avoid the 2-year conditional residency process and the
extra $145 involved.
If this was a 245(i) case due to an unlawful entry, and the I-130
petition was also denied, you've got a bigger problem and must pursue
reopen/reconsider to maintain eligibility for adjustment. That
probably isn't your case, however, and if so and you sent INS $1000
extra last year and rushed to marry by April 2001, then you made an
unnecessary mistake.
CP
> waiting patiently to get any news from INS.And finally we've got one 3
> days ago.It was a denial of our case.According to INS document our
> interview was scheduled for the 15th of May 2002 and because
> we,ve"abandoned "our interview ,I loose the previllage to adjust my
> status.This is a complete misunderstanding because we've never received
> any notification from INS and now we are being punished seriously for
> something that we haven't done.What would be the best solution.MOTION TO
> REOPEN or STARTING THE CASE ALL OVER AGAIN.Can we do both at the same
> time? What is the chance that we will be reconsidered if we file for
> the motion to reopen? Can fighting for juistice by getting a congressmen
> attention makes any sense? Please advice what to do.Feeling so hopless ,
> situation is very painfull.
Be thankful you got the denial notice. I did not (had to get EAD and
AP denied and make a congressional inquiry to find out what happened).
You are not being punished, just being delayed in obtaining permanent
resident status.
Lawyers tell me a motion to reopen/reconsider in NYC will take as long
as a new adjustment case. However, you won't be able to receive a new
EAD or AP while waiting for a reopen/reconsider case, nor will you be
"lawfully present" while waiting since you do not have a pending
adjustment application while they are deciding if to reopen the case.
The best choice is to just refile for adjustment (help avoid 6 months
or 1 year of unlawful presence from accruing, if it hasb't already).
You'll probably be adjusted after 2 years of marriage that way also,
and thereby avoid the 2-year conditional residency process and the
extra $145 involved.
If this was a 245(i) case due to an unlawful entry, and the I-130
petition was also denied, you've got a bigger problem and must pursue
reopen/reconsider to maintain eligibility for adjustment. That
probably isn't your case, however, and if so and you sent INS $1000
extra last year and rushed to marry by April 2001, then you made an
unnecessary mistake.
CP
