Well, VSC is now almost two months ahead of my second [waiver] I-751 filing and nothing yet, because I will be leaving the country soon, I decided to schedule an infopass appointment with my local office Newark to find out the status of my case just so I don't get any suprises on my return next year.
I have an appointment for 12/2/04 at 8am.
Also a couple of days ago I put an inquiry through the 1-800 number, this time with both NOA numbers since both cases are now overdue.
Posts: 1229 | Location: White Plains, NY, USA | Registered: 07-24-2003
I wish I would get an approval notice before that appointment so I coulde use that appointment to get an stamp and drop pics for new card, well enough dreaming for today, anyway thanks!
Posts: 1229 | Location: White Plains, NY, USA | Registered: 07-24-2003
Aguila, Thank you for your inputs and rely to my message. i have a question: what was your status before filing for your second I-751 and while waiting for VSC response? did the USCIS ever start removal proceedings against you or what happened after they denied your first application? thank you
Maybe you read about my case, which is an I-751 waiver too. I have been learning and working on my own case, as it was suggested by some of you guys.
I want to let you know what happened yesterday when I went to the appointment I made using INFOPASS, because are going to one in December.
It has nothing to do with interview. They do the same thing they used to do before. The difference is that you don't need to spend your day standing in line. They called me a few minutes after the scheduled time.
I asked them to stamp my passport. The officer in Sacramento was polite. They stamped one year more from yesterday. You should ask the same as you plan to travel abroad. To reenter they will check your passport and ask for the expired conditional resident card.
Do not dream that they will approve your case without an interview. I have been talking with attorneys about that. There is a strong concern from CIS officer that there was marriage fraud when there is a waiver, even though 50% of the marriages end in divorce in the first years!!!
If you don't have a competent attorney, I think you should search for one as I am. The attorney I have now was referred to me by a nonprofit institution, as the best in cases like mine. My experience shows that this is not true, because my case is real, I have a lot of proofs about my case. But I am almost in troubles because of my attorney. As I have seen on TV a case where the entire family was deported because of a bad attorney, I am doing my research and learning the most I can.
Every American State has a State Bar. I believe that most of them have a link that you can check about your attorney. I saw that the State Bar of Georgia tells if the attorney suffered a disciplinary action. Here in CA the site is great. It also tells you the schools your attorney attended, their membership date, address, and affiliations. So, don't go only by referral. Do your homework too.
Here in CA there aren't many attorneys that are Specialists in Immigration. It takes 5 years of experience and a lot of work in order for an attorney to have this certification. I believe that many good attorneys are in the process of being certified. Maybe even my bad attorney is trying to be certified. She is getting so many cases that she doesn't have time to contact the clients who paid her. She even has two cases scheduled for the same time. Consequently, I learned that it is better to hire an attorney that works with a team. Nobody can do everything well. So the team approach is the best. I am positive.
I can tell you this also because I have a family problem, and I was lucky enough to hire a family attorney that works with a team. They generally work with other 2 or 3 attorneys in an office. They also have paralegals working with them. They have bigger offices.
If they charge a bit more, I am not sure. But I believe that in the long run, you will feel that it was not expensive. This is how I feel in relation to my family attorney.
I hope this will help you, amigo.
This message has been edited. Last edited by: Luma,
Thank you for your input. My case is a little bit different though. To begin with I had pending a Joint I-751 for almost 14 months after filing when my divorce was finalized...so my marriage legally lasted almost 4 years, and when I filed the waiver I also used the extreme mental cruelty waiver.
I have read of 4 waiver cases at least that have been approved without interview, although I know that they are almost all of them interviewed.
I still have an unexpired NOA [the one for the second and waiver filing] so technically I should be able to travel with the expired green card and this latest NOA. I will ask however for a stamp.
Please keep me updated about your case, when did you file your I-751? How long were you married for?
You could contact me at: aguila@britishexpats.com
Good luck to you.
Posts: 1229 | Location: White Plains, NY, USA | Registered: 07-24-2003
i would advise you to read a few books you moron something you probnably have never done in your miserable life.And about american only the indians are americans you are comming from Great Europe you moron.As i said stop watching these stupid hollywood movies and start reading maybe after few books your mother will decide that you are not that useless creature after all.
I went to Newark USCIS today to inquiry about my case and I am glad I did. I had an appointment for 8am but was given a number and I was only called by 10:30am. The asian lady that was an immigration officer looked like she did not have a clue about her job since she said I could not travel because I have a waiver case pending (??). She could not file in the system my second and waiver filing. She went back and forth running checks on the IBIS system and call me to the window around 3 times. She said that although I have a NOA for the second filing is not showing up, but that the first and joint filing is showing and remains pending. She took my second NOA for the waiver filing and staple it to a referral sheet and send me to the 14th floor to speak to an actually adjudicator. I was sitted in the waiting room where they put couples that are interview either for AOS or for I-751's. After being there for 5 minutes I was called by very young guy and that was very sharply dress. He took me to his office and asked me to sat down. As soon as I was ready, he said: "so Mr. **** why are you here today?" I said: "Well my case is a little complex: I filed a Joint I-751 back in January of 2003, I got divorced in March of this year and immediately thereafter I re-file the I-751 based on waiver grounds. According to the last VSC report, they are working on I-751's from 6/1/04 and mine was received by them on 3/29/04 so I am worried about the status of my case" He listened to me respectfully and made eye contact all the time, he tried to intimidate me with his constant eye contact I guess he wanted to see if I would look down or something but I did not. I also wonder why he asked me why I was there...because he knew everything before I even walked into his office. He said: "Well your case has been here in Newark for quite a while now, it was sent to us based upon your first and joint filing and we had in the queue for an interview. The reason why the second and waiver filing is not showing up in the system is because VSC did not have the file to put it in. Today I will send your file back to VSC and ask them to put your waiver filing inside and have them return the file to Newark to schedule you for the interview. This will take betweeb 6-12 months" I told him that I had an exact copy of my second and waiver filing with me and if he wanted to make copies of it. He said no, but asked me for a copy of my divorce decree so he could attach it to the NOA and to the referral form. I asked him when did Newark got my file from VSC [I was curios to know if they sent it AFTER I filed the waiver, which would be ridiculous but knowing how this agency works...] and he said they the file has been in Newark since the end of May 2004. I was angry inside, asking to myself why did the VSC sent the file to Newark on May knowing that I had-refile and they had received my waiver at the end of March... I felt like asking him that question but since he did not have anything to do with it I kept to me. He gave me a new I-551 stamp valid for a year and assure me I could travel without a problem. I was able to bring my expired conditional green card back with me but they kept the original NOA for the second filing. The frustration will be carry over to 2005 and I might not even hear from the next year but I will be eligible to file N-400 at the beginning of 2006...sometimes I feel that my case will be all resolved then...
Finally I asked him why I never got a transfer notice from VSC, he said maybe because of the change of address so I made sure they have my current address both Newark and VSC.
I am glad I went today because otherwise I would be keep waiting and the only thing I was going to get was an interview notice based on the Joint filing.
Always be proactive when it comes to USCIS, because they could screw your case and they will not be held responsible for it.
Posts: 1229 | Location: White Plains, NY, USA | Registered: 07-24-2003
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