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How Do I Apeal Time Is Running

How Do I Apeal Time Is Running

Old Sep 29th 2002, 1:31 pm
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Unhappy How Do I Apeal Time Is Running

MY APPLICATION FRO ADJUSTMENT STATUS HAVE BEEN DEINED BECUSE I DIDNT SUBMIT A JOINT SPONSER AT THE PERIOD WERE GIVEN TO ME.
THEY SENT ME THE LETTER OF DENIAL AT SEPT 11 2002!!!!
AND I DONT HAVE MUCH TIME TO APEAL CAN ANY ONE TELL ME WHAT FORM SHOULD I FILL .
I FOUND THAT I CAN ADD MY WIFE ASSET OVER SEAS TO THE AFFIDAVT OF SUPPORT ,WHAT KIND OF DOUCUMENT SHOULD I ATTACHED TO THE FOURM.

E MAIL ME [email protected]
THANK U VERY MUCH
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Old Sep 29th 2002, 1:54 pm
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Default Re: How Do I Apeal Time Is Running

Originally posted by NID2:
MY APPLICATION FRO ADJUSTMENT STATUS HAVE BEEN DEINED BECUSE I DIDNT SUBMIT A JOINT SPONSER AT THE PERIOD WERE GIVEN TO ME.
THEY SENT ME THE LETTER OF DENIAL AT SEPT 11 2002!!!!
AND I DONT HAVE MUCH TIME TO APEAL CAN ANY ONE TELL ME WHAT FORM SHOULD I FILL .
I FOUND THAT I CAN ADD MY WIFE ASSET OVER SEAS TO THE AFFIDAVT OF SUPPORT ,WHAT KIND OF DOUCUMENT SHOULD I ATTACHED TO THE FOURM.

E MAIL ME [email protected]
THANK U VERY MUCH
Hi:

You do have remedies. First of all, although there is no "appeal" from a denial of an adjustment of status, you CAN renew the application before an Immigration Judge, if and when the INS should put you in removal proceedings. [the problem is that you have no control over whether or not you are put in proceedings].

You can put in a Motion To Reopen or Reconsider with the new evidence, but you have only 30 days to do this. Read the regulations quite carefully on this.

Finally, the denial you have is "without prejudice." There is nothing preventing you from simply filing a new AOS form. You don't mention if you filed based upon an I-130 or as a K-1 entrant. If upon an I-130, did INS at least approve the I-130? They may not have told you, but it is likely that they denied only the adjustment and NOT the I-130. So, you don't have to file a new I-130.

I'd recommend you get an attorney on this one -- tomorrow.
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Old Sep 29th 2002, 2:10 pm
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Default Re: How Do I Apeal Time Is Running

[i]Originally posted by Folinskyinla:
Dear sir, Thank you for your answer but I have one more question. How can the motion to be open can be put? . Also my wife has foreign assets, can I use this for a new affidavit of support to be submitted with the motion to be open?

Hi:

You do have remedies. First of all, although there is no "appeal" from a denial of an adjustment of status, you CAN renew the application before an Immigration Judge, if and when the INS should put you in removal proceedings. [the problem is that you have no control over whether or not you are put in proceedings].

You can put in a Motion To Reopen or Reconsider with the new evidence, but you have only 30 days to do this. Read the regulations quite carefully on this.

Finally, the denial you have is "without prejudice." There is nothing preventing you from simply filing a new AOS form. You don't mention if you filed based upon an I-130 or as a K-1 entrant. If upon an I-130, did INS at least approve the I-130? They may not have told you, but it is likely that they denied only the adjustment and NOT the I-130. So, you don't have to file a new I-130.

I'd recommend you get an attorney on this one -- tomorrow.
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Old Sep 29th 2002, 2:33 pm
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Default Re: How Do I Apeal Time Is Running

Originally posted by NID2:
Hi:

The "MTR" is not made on a form. The regulations refer to the I-290A form. But through a quick of the regulations, no such form exists. In any case, the 290 series of forms have always been more of a notice form and not a substantive form.

Do get an attorney. You need one.
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Old Sep 30th 2002, 9:53 pm
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Angry Re: How Do I Apeal Time Is Running

Originally posted by Folinskyinla:
Hi:

The "MTR" is not made on a form. The regulations refer to the I-290A form. But through a quick of the regulations, no such form exists. In any case, the 290 series of forms have always been more of a notice form and not a substantive form.

Do get an attorney. You need one.
I called the prepaid legal service provider and she told me that she will look for lawyer to take my case and it will take here 3 bus days.
I pick up phones number from yellow pages and I called one of them asking $1000 and he told me you have weak standing and you should bring a co sponser to reconsider the case other wise they will put u in removal and then you will need a lawyer.
My wife and I looking for some relative over other states so she can travel and bring "AOS".
1)do we realy need to submit the "AOS" along with the motion to reopen in the same time or I have some time there.
final question2):can my brother which his application bending sponser me however his tax income for previous years show little amount .but thise year he earn $36000.
I 'm going to hir a lawyer tommorow i have several appointment with consltation fees up to $75.
It's realy hard life for us!!!
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