Have you spoken at all to a reputable immigration attorney? You should consult with one to determine where you stand. This is only a forum and I don't think you should rely solely on what anyone says here. Try to find one who will consult with you for a reasonable fee. That way, you'll know what path you should follow.
Good luck.
Do not go where the path may lead, go instead where there is no path and leave a trail. (Ralph Waldo Emerson)
Ditto to what ProudUSC says. Consultation fees are usually $150-200 for a half-hour or about 3-400 for the hour. A competent immigration attorney should be able to give you straight answer in that time frame.
Have you spoken at all to a reputable immigration attorney? You should consult with one to determine where you stand. This is only a forum and I don't think you should rely solely on what anyone says here. Try to find one who will consult with you for a reasonable fee. That way, you'll know what path you should follow.
Good luck.
quote:
Originally posted by Mrs. Mani: Ditto to what ProudUSC says. Consultation fees are usually $150-200 for a half-hour or about 3-400 for the hour. A competent immigration attorney should be able to give you straight answer in that time frame.
Hi guys, I have not consulted any lawyers yet. Thanks for the advice, I'm gonna look for one and update you. Thanks again for your responses.
So you were saying that I have a small chance here or no chance at all? So I'm hopeless now? What do you think should I do if you're in my situation right now?
In Theory: Everybody is right except me. Yes, your marriage is supposed to be independent of your CSS/LULAC case. Yes, everybody is right about you seeing an attorney. Yes, you might be able to adjust your status……
In Practice: I‘m right. Number one, you will have a hard time finding an attorney who knows anything about CSS/LULAC, most don’t. They might say they do, but they really don’t. The USCIS already has internal notes about you. They will use this to thwart your marriage. The lawyer will then discover that your case is much more complicated than he originally thought, requiring him to actually work. Almost all lawyers are allergic to work, unless it’s on the golf course. Therefore the original price quote he gave you, will be multiplied by 10. The USCIS will then delay the processing of your marriage for beyond forever, because they can. In the mean time they will scrutinize your marriage 50 times more than other marriages, because they will assume that since you have lived in the USA for 30 years without getting married. Then after your I-687 is denied, you got married to only adjust your status. They will give you an extremely difficult time.
The bottom line. If you can prove that you originally entered with inspection, you might have a chance, but it will not be easy. If you cannot prove that you entered with inspection, you have zero chance. More than likely you won’t be able to prove that since it’s 30 years ago.
Originally posted by crazyberns: [QUOTE]Originally posted by ProudUSC: Crazyberns, Hi guys, I have not consulted any lawyers yet. Thanks for the advice, I'm gonna look for one and update you. Thanks again for your responses.
Hi Crazyberns:
Your case is some what unique and complicated in its own way. Take everyone's suggestion and talk to a couple of attorneys. Like UNIQUE said, interview the attorney to MAKE SURE THEY ARE FAMILIAR WITH THE CSS/LULAC cases.
Don't just ask the,"are you familiar with CSS/LULAC"---ALL will say YES just to get your retainer. Probe them with deeper questions.... you are paying them---therefore you should be the one asking the questions.
Talk to Carl Shusterman (I am not affliated with him at all)....but I know he is very familiar with LULAC/CSS cases and his background in the immigration field is very impressive. Google him and you will see.
Also, check out the list of lawyers (there used to be one on their website) who were trained by the Center for Human Rights (Peter Shey etc...). I was personally helped by ONE of their junior associates and had excellent results.
Keep positive, don't give up.... smile.....be nice....don't argue with anyone esp in USCIS... Good luck.
108jam has given you excellent advice. If I followed that kind of advice from the beginning I’d have been approved years ago. The irony to the story is 108jam was smart enough to make sure he went into this with a good attorney. He actually did much better than just that, he hired an attorney that was on Peter Schey’s team. 108jam was not even required to go in for an interview.
On the other hand, I went in alone, without an attorney. I did this because I had 119 pages of evidential proof, and thought my case was so strong I didn’t need a lawyer. In the end I had 4 scheduled interviews with 3 different immigration officers. When no legitimate reason to deny my application could be found , they made up a lie and denied me for the lie. They were able to find a 2 month period of time where I had no proof of presence, they then said that I had confessed “under oath” being in Europe during those 2 months. Which would have put me 2 weeks over the statutory 45 day maximum absents allowance. It was a total lie, but the way the law is written the Government does not have to prove your guilt. I then sent in absolute proof that I could not have gone to Europe, as I did not even have a passport at that time, and a passport is required for me to enter Europe. My Mother even found a letter that I had written to my Grandmother postmarked and mailed by me from the USA during the time they allege I was in Europe. I still got denied.
Naturally 108jam has a better attitude than me.
The only thing un-American about America, is the USCIS.
Hi Unique I understand what you're going through. It happened to me too. I was interviewed without a lawyer with me. That was my biggest mistake. I thought too that I have enough evidence. They denied my application because I answered incorrectly. I was really nervous that time. I'm not really comfortable if I'm being interviewed. Anyway, I just wish you the best in your future endeavors. Good luck.
108jam has given you excellent advice. If I followed that kind of advice from the beginning I’d have been approved years ago. The irony to the story is 108jam was smart enough to make sure he went into this with a good attorney. He actually did much better than just that, he hired an attorney that was on Peter Schey’s team. 108jam was not even required to go in for an interview.
On the other hand, I went in alone, without an attorney. I did this because I had 119 pages of evidential proof, and thought my case was so strong I didn’t need a lawyer. In the end I had 4 scheduled interviews with 3 different immigration officers. When no legitimate reason to deny my application could be found , they made up a lie and denied me for the lie. They were able to find a 2 month period of time where I had no proof of presence, they then said that I had confessed “under oath” being in Europe during those 2 months. Which would have put me 2 weeks over the statutory 45 day maximum absents allowance. It was a total lie, but the way the law is written the Government does not have to prove your guilt. I then sent in absolute proof that I could not have gone to Europe, as I did not even have a passport at that time, and a passport is required for me to enter Europe. My Mother even found a letter that I had written to my Grandmother postmarked and mailed by me from the USA during the time they allege I was in Europe. I still got denied.
Naturally 108jam has a better attitude than me.
Correction Unique.
I interviewed at least a dozen immigration attorneys (NOT on the Peter Shey's list----that list wasn't published yet when I applied) who told me they are familiar with LULAC/CSS.... however, asking a few more detailed questions lead me to conclude that I know more about LULAC/CSS then they did. So I wasn't going to pay these attorneys and educate them at the same time.
I did get some verbal help (no paperwork, NO FEES) from Peter Shey's junior associate. He just answered a lot of my questions and thought me how to do a declaration and affidavits during my phone conversation with him. For that....I am forever grateful to this individual and Peter Shey's office. Very very thankful that I am blessed.
I DID NOT HIRE ANY attorneys. I filled out the forms myself, did everything myself, went to the interview myself. NO ATTORNEYS.
When you talk to attorneys....you need to ask the right questions...but don't make them look stupid...cos that will back fire on you. Discuss the issues with them, probe them....ask "WHAT if...."..."how about...." etc....
You have to prepare and present your case to them to convince them.
YES...you may have lots of evidence...but if you DUMP too much info onto them and catch them on a bad mood....they will find fault with you.
But....if you prepare, package and present your file in an organized manner where all the info they need are at their finger tips, all marked clearly for them.... they would NOT find fault with you.
Imagine yourself in the officer's position....having to sort thru thousands of the same disorganized files----how would you fill?? Then, suddenly you see an neatly organized file where they don't have to think and find answers to their qualifying questions----would you not love that file and approve it and wish that every file is submitted that same way???
Make their job easy... that saves you a lot of grief.
This message has been edited. Last edited by: 108jam,
hello all. I haven't post in this forum b4(maybe once) but followed and read evryone story.Having nothing to add that would help someone i just remained quiet. I met jam 108 thru about .com,very good advice here indeed.And I did do this to my best ability.I was denied a few yrs back and did an appeala thru my new attorney and 10 days ago(after 3 yrs of waiting to hear back from that) they denied my case without recourse. I am CSS and have been here since 1979.Early on had an inneficient lawyer who didn't prepare me well and it is partly because of this that i didn't have as much proof as i would have had if i knew then what i know now... Anyhow it is in the past now.On my denied papers INS didn't" say the truth" about my affidavits not been notorized they ALL were and that they were not able to contact my people.that is "incorrect" as well.All these people haven't change their phone # nor moved since 1988.and they were never contacted from INS. According to my lawyer it now rest on what reforms this administration will do. I so love this coutry,pay my taxes,odey all laws,yes some will say except from coming here illigally,that i did and its true.i visited in 1979 from Canada and fell in love with America and stayed.i am guilty of this.but i have try since to do everything INS asked and truthfully. Unfortunately,it was not enough to be approve.it will be 30 yrs in a few months that i first arrived here.I learned the language and the American traditions and i just love this country so very much.my life is here.I just cannot leave! I wish everyone good luck.
Though those who have been fortunate enough to be approved count our blessings, we also feel very sad and empathize with you all who have been denied and or are still struggling to establish your residency.
One thing I must say is---DO NOT GIVE UP. The moment you even consider this.... you have already lost the battle. If you search for other avenues, you just may find the solutions.
I urge those who have been denied, write letters about your situations to The Center for Human rights, tell them your story. They are very good people at this place, regardless of what a few may say. More of you telling them your situation just may turn the tables for you.
What do you have to loose? Don't ask "WHY ME?" ASK "What If?"
What if by your telling all your stories, someone on the other side did something to help you get your case re-opened or re-investigated?
What if...some one finds another way and point you in that direction?
What if the legislatures know about this common problem and re-write some laws that will affect your situation?
Come on folks---Dont just give up....
If you want to change your life, you MUST change the way you think. Change your thoughts, change your life.
I have a thought, not that anyone would care, as I already know you don’t. I have been reporting huge abuses by the USCIS, and it has gotten near zero attention here on this immigration forum. This is perfectly understandable, as I’m a nobody.
What if…….The same things that were done to me (read a few posts back) were done to a celebrity immigrant, for example Michael J Fox, or Celine Dion? What would happen if an immigration officer made up a lie to deny Celine Dion’s application?? What if Celine was interrogated 4 times then denied for false reasons that could easily be disproved with prima facie evidence???
The inscription on the Statue of Liberty does not read “Bring us your Rich and Famous.”
The only thing un-American about America, is the USCIS.
Originally posted by unique: I have a thought, not that anyone would care, as I already know you don’t. I have been reporting huge abuses by the USCIS, and it has gotten near zero attention here on this immigration forum. This is perfectly understandable, as I’m a nobody.
What if…….The same things that were done to me (read a few posts back) were done to a celebrity immigrant, for example Michael J Fox, or Celine Dion? What would happen if an immigration officer made up a lie to deny Celine Dion’s application?? What if Celine was interrogated 4 times then denied for false reasons that could easily be disproved with prima facie evidence???
The inscription on the Statue of Liberty does not read “Bring us your Rich and Famous.”
Unique,
I think you are misreading the lack of attention given to your situation on the forum. I can only speak for myself, but I do feel bad about your case. I just don't know what to say or how to help. I know you have been denied, but is there any relief available for you in the future?
Btw, the famous people almost always get what they want. Not just immigration status, but just about anything else too.
Do not go where the path may lead, go instead where there is no path and leave a trail. (Ralph Waldo Emerson)
HELLO GUYS. ANY BODY KNOWS ANYTHING ON CSS/LULAC NEW MAN CASES PENDING ON WASHINGTON OFFICES WHY IS TAKING FOR EVER I BEEN WATING FOR 3 /2 YEARS AND NO RESPONCE SINCE THEN WHAT GO IN TO HAPPENG WITH ALL THOSE CASES THAT THEY DENIED. IS ANY CHANSE TO OPEN THOSE CASES IN THE SUPRIME COURT... THANK YOU FOR YOUR HELP..
In general, appeals have an extremely low success rate. Some say 1 in 100 are approved, others say the real number is closer to 1 in 1,000. This is for cases where the USC spouse is begging to not have her beloved husband taken away from her, and their children.
For CSS/Newman/LULAC cases, the appeal is basically a cruel joke, and a way to extract the last few drops of cash out of your pocket, before you get the final kick in the teeth.
hard rock, don’t even bother asking about the appeal. Ask what’s going to happen when the appeal gets denied. That is “THE” question. Both you and I are going to find out, the hard way.
This message has been edited. Last edited by: unique,
The only thing un-American about America, is the USCIS.
In general, appeal has very high success rate, provided it has valid grounds. In most of the cases appeals are filed without merit and with the sole purpose of prolonging the presence of alien who has no other means of relief.
I have read many Appelate Court decisions and true, sometimes the Third Cir Court or other conservative appelate Court will rule in favor of denying the benefit as opposed to 9th that would rule in favor of beneficiary under the similar circumstances, but those cases most of the time fall into grey area and thus give much opportunity to stretch applicability or non-applicability of relevant statutes as one may be inclined to interpret. Overruling the lower court Judges and BIA decisions by Appelate Courts is usually so rare because the lower courts and BIA do make their rulings consistent with what they read in INA.
Now, i have no idea who you are or what your case is. Reading your posts one couldn't write off possibility that you could be just another imaginary "immigrant" who in fact knows nothing about real experiences of immigrants or processes they go through. But overall, if your story is true, then it's most likely that you have nothing to show to prove that you are eligible to get the benefit under CSS/Newman/LULAC and just making up the whole thing about "arguing with USCIS" as a cause for denial of your petition. Even the Third Appelate Court is known to rule in favor of petitioners when there is a gross abuse of discretion by CIS employee, BIA or lower Court in denial of original petition.
So, if you are a troll go learn more about immigration cases and true immigrant experiences and create more believable stories next time around.
If you are not a troll then consult a good immigration attorney, someone else mentioned here Carl Shuterman as well versed in CSS/LULAC and you may wish to consult him as well.
CSS/Newman/LULAC cases are all decided in Washington DC by the AAO. There is no court, there is no Judge, and therefore no Justice.
Before you guess anything about me, PM me. I will send you my case summary, then you’ll know why I say what I say. I guarantee you will be shocked by my story.
The only thing un-American about America, is the USCIS.
No PM's, sorry. If you have a case you can share with a stranger you may as well post it on public forum.
CIS officer has many powers and discretion, but it doesn't include gross abuse of the same. I don't say so just because i think so: have read too many cases where even the most conservative appelate courts ruled in favor of beneficiary where it was so warranted. Even if paper reads "no appeal" it doesn't mean you can't appeal it. Question is what grounds do you have to claim the ruling was wrong to begin with? Most just file papers without giving second thought as to merits of it.
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