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ILW.COM Homepage    discuss.ilw.com    discuss.ilw.com    Immigration Discussion    Re:CSS/LULAC - When An Immigration Officer Makes A Wrongful Determination
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Associate Member
Posted Hide Post
Bambulu - I agree with Kumnas's take on your situation and that no offense was intended. It was just a practical and likely accurate point of view and you are taking it way too personally. Just focus on getting past where you are psychologically with the unfortunate outcome of your experience and move on with an alternate view or approach for next time. Maybe I'm being naive, but from what you describe of your history here, you sound like an honorable person and I find it hard to believe that you will not be able to get your status approved. I sincerely wish you the best of luck.
 
Posts: 15 | Registered: 09-12-2006Reply With QuoteReport This Post
Regular Member
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Thanks Bannister!
 
Posts: 78 | Registered: 05-05-2006Reply With QuoteReport This Post
Associate Member
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Thanks, and I appreciate that. We are all human and no one needs kicking when they are down. I welcome constructive criticism and really did not take it personally. My lawyer thought my case was a slam-dunk given the very authentic documents (which I was really lucky to still have after all these years) and was taken aback when the officer decided in an about-face manner like that. I'll keep hope alive. Thanks.

quote:
Originally posted by LeeD:
Bambulu - I agree with Kumnas's take on your situation and that no offense was intended. It was just a practical and likely accurate point of view and you are taking it way too personally. Just focus on getting past where you are psychologically with the unfortunate outcome of your experience and move on with an alternate view or approach for next time. Maybe I'm being naive, but from what you describe of your history here, you sound like an honorable person and I find it hard to believe that you will not be able to get your status approved. I sincerely wish you the best of luck.
 
Posts: 7 | Registered: 09-26-2006Reply With QuoteReport This Post
Frequent Member
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Bambulu,
Once again, I am not criticizing you. I am talking to you from the bottom of my heart. Maybe I should have spinned and tell you what you want to hear. Although that may make you feel good, I doubt it would help you get your green card. And remember, the truth will set you free, but it will p i s s you first.

As for you being a person, having feelings and family, I agree. But next time you go to the interview, leave this idea behind you at your house. Take a second and think about it: you waited all this time, saved all the bills, took your time and even hired a lawyer for this interview, which usually takes about an hour maximum. Now when you walk through that door for the interview, shoot down any idea that may prevent you from successfully passing the interview. This includes, but not limited to, your ego, your gender, race, any personal belief or sensitivity you may have. For one hour, I am sure you can do it: Keep your focus on getting your green card. At the end of the day, what counts is not how well or bad you were treated, how smart your lawyer is, how good your background is or how well documented your case is, but what really counts is the answer to this short question: did I get the card?

You have been talking about all the documents you have. Having the most impressive documents on earth is not a guarantee for the green card even if you are married to a USC. GC is a priviledge, not a right. My advice to you, dont rely on the documents too much. They are a requirement in the process, so consider them as such.

After you get your waiver, you may have to deal with the same officer again. Be mentally prepared to deal with him with a positive attitude. If he feels like you have some sort of anger against him for doing what he did, then he will try to find a nail in the sand with your case. Believe it or not, the system has given him the power to do that. So, as you go through the frustration of starting all over again, dont forget about this little detail that can make a big difference. Think of couple things that can add some human touch to your case. Maybe 2 or 3 mixed american idioms well lined up that can make him smile when you remind him of having to go back and get the waiver.

I have not gone through the particular process you are referring to, but I believe there are very little things that can make a huge difference. I thought I would share with you. But who knows, you may come back again and tell me that I am being judgemental. Either way, I suggest you think about them.

Kumna.
 
Posts: 314 | Registered: 11-08-2004Reply With QuoteReport This Post
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Picture of unique
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What Kumna wrote, is a very sad thing to read. But Kumna is correct, unfortunately.

To think that's it's more important to appease the immigration officer than the solid facts of the case. Both Bambulu and I are in the exact same situation. We both far exceed the requirements for legalization, but are getting denied because we turned off the officer for some reason.

Sometimes it's just a chemistry thing, some people you naturally like, some you don't. We are all guilty of discriminating, sometimes for reasons we don't understand ourselves. The same exact case that gets denied by one officer, could be approved very easily by another. Very sad.


:?:
 
Posts: 476 | Registered: 07-26-2006Reply With QuoteReport This Post
Associate Member
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Thanks anyway, Kumna. I am a lover of the truth, even if it may be bitter, but it's not supposed to hurt. But if the truth is not delivered right, it will be bitter and hurt at the same time. I am a "man of the world" and have done my best to understand people. I don't like arrogant people, and therefore will never be arrogant to others. I don't liars, and so I don't lie to others. In short, I don't do to others what I don't like or like others to do to me. Most people in the world today are not like that. I have worked hard to attain this disposition in life. But believe me, I am not self-righteous either. We are all human. I only try. So, that's why it did not sit well with me initially when you said some of those things you said. I am very down to earth and would never have been rude or haughty in behavior towards an officer who I know has so much power over me. That will be foolhardy. In fact, the work I do requires that you understand the humanist ethic and some etiquette. I practise that in my daily life. Thanks for your advice and I wish you the best in your undertakings too. Merry Xmas and happy New Year in advance.

quote:
Originally posted by Kumna:
Bambulu,
Once again, I am not criticizing you. I am talking to you from the bottom of my heart. Maybe I should have spinned and tell you what you want to hear. Although that may make you feel good, I doubt it would help you get your green card. And remember, the truth will set you free, but it will p i s s you first.

As for you being a person, having feelings and family, I agree. But next time you go to the interview, leave this idea behind you at your house. Take a second and think about it: you waited all this time, saved all the bills, took your time and even hired a lawyer for this interview, which usually takes about an hour maximum. Now when you walk through that door for the interview, shoot down any idea that may prevent you from successfully passing the interview. This includes, but not limited to, your ego, your gender, race, any personal belief or sensitivity you may have. For one hour, I am sure you can do it: Keep your focus on getting your green card. At the end of the day, what counts is not how well or bad you were treated, how smart your lawyer is, how good your background is or how well documented your case is, but what really counts is the answer to this short question: did I get the card?

You have been talking about all the documents you have. Having the most impressive documents on earth is not a guarantee for the green card even if you are married to a USC. GC is a priviledge, not a right. My advice to you, dont rely on the documents too much. They are a requirement in the process, so consider them as such.

After you get your waiver, you may have to deal with the same officer again. Be mentally prepared to deal with him with a positive attitude. If he feels like you have some sort of anger against him for doing what he did, then he will try to find a nail in the sand with your case. Believe it or not, the system has given him the power to do that. So, as you go through the frustration of starting all over again, dont forget about this little detail that can make a big difference. Think of couple things that can add some human touch to your case. Maybe 2 or 3 mixed american idioms well lined up that can make him smile when you remind him of having to go back and get the waiver.

I have not gone through the particular process you are referring to, but I believe there are very little things that can make a huge difference. I thought I would share with you. But who knows, you may come back again and tell me that I am being judgemental. Either way, I suggest you think about them.

Kumna.
 
Posts: 7 | Registered: 09-26-2006Reply With QuoteReport This Post
Frequent Member
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quote:
Originally posted by Bannister:
I called the court yesterday to find out if it will hold. i am told they have till 31st to appear before the judge. I shall let you know next week.


Hi Bannister,

Any update on this settlement?

Freedom1.
 
Posts: 267 | Registered: 02-08-2006Reply With QuoteReport This Post
Frequent Member
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I-687 if anybody's application is not legalize timely and probably in AAO might be deny be a class member because they cannot prove their resident from1983 to 1988,in application the affidavit have to be 100% before they approve their class member.If they will prove any applicants as a class member their case will aprove,school or medical peper will help but not as important as the wittnes of residancy.


sa
 
Posts: 121 | Registered: 10-04-2005Reply With QuoteReport This Post
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Attorney's of both sides were to file final settlement on sunday according to seattle court record. I have the final submission but cannot explain why they were not on pacer. when i called the court I am only told of the last date to file but do not know and understand why they are not in conpliance of court order by judge robart
 
Posts: 110 | Registered: 11-21-2006Reply With QuoteReport This Post
Regular Member
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what is "wittness of residency"?

quote:
Originally posted by shafiq344:
I-687 if anybody's application is not legalize timely and probably in AAO might be deny be a class member because they cannot prove their resident from1983 to 1988,in application the affidavit have to be 100% before they approve their class member.If they will prove any applicants as a class member their case will aprove,school or medical peper will help but not as important as the wittnes of residancy.
 
Posts: 61 | Registered: 11-05-2006Reply With QuoteReport This Post
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affidts in I687 application and 1989 css/lulac class member application wittness your residence from 1983 to 1987.The person have to prove that he is a class member I was told my mr.Peter


sa
 
Posts: 121 | Registered: 10-04-2005Reply With QuoteReport This Post
Junior Member
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Dear Bambulu:

(1) You have a bachelor's, master's, and an MBA. You can apply for permanent residency under the "aliens of exceptional ability and aliens with advanced degrees" category. Not all US citizens have three degrees like you.

(2) You have been here for 30 years and counting. Is your wife a US citizen? If your wife is a US citizen, she can apply for your permanent residency when they are 18 or more years old.

(3) Are your children born in the US? If your children are born in the US, they are automatically US citizens so they can apply for your permanent residency when they are 18 or more years old.

I hope this helps.

I'm in a different situation. I'm a cook in an Indian restaurant. My wife and I came here in 1976 as tourists and we didn't leave. Our five children are all US citizens (26, 24, 23, 20, and 18) and they are now sponsoring us for permanent residency.
 
Posts: 2 | Registered: 01-13-2007Reply With QuoteReport This Post
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[QUOTE]Originally posted by ramamurthy:
Dear Bambulu:

(1) You have a bachelor's, master's, and an MBA. You can apply for permanent residency under the "aliens of exceptional ability" or "aliens with advanced degrees" category. Not all US citizens have three degrees like you.

(2) You have been here for 30 years and counting. Is your wife a US citizen? If your wife is a US citizen, she can apply for your permanent residency.

(3) Are your children born in the US? If your children are born in the US, they are automatically US citizens so they can apply for your permanent residency when they are 18 or more years old.

I hope this helps.

I'm in a different situation. I'm a cook in an Indian restaurant. My wife and I came here in 1976 as tourists and we didn't leave. Our five children are all US citizens (26, 24, 23, 20, and 18) and they are now sponsoring us for permanent residency.
 
Posts: 2 | Registered: 01-13-2007Reply With QuoteReport This Post
Power Member
Picture of Rough Neighbor
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quote:
I have a silly question. What is LULAC?
I keep seeing it on the boards constantly but haven't read much.
Is this the 1986 amnesty thing? If so, why are you guys applying for legalization 20 years later???


It's League of United Latin American Citizens. Actually, in 2005, a judge in California ruled in favor of a class legalization suit filed under Catholic Social Services (CSS) v. Ridge et all or under Newman/LULAC v. USCIS. Using Form I-687, members of the class (or those who missed to file/filed but rejected) under the Immigration Reform and Control Act of 1986, 8 U.S.C. 1255a could file. But the opportunity window had sunset on December 31, 2005. The flurry of interviews are taking place until now.

IPerson, I'm new on board, Someone12 kept me busy immediately upon landing. I know it's late,
but I'm uncomfortable to have a lady, any lady for that matter, to have a hanging question.






"The letter of the law is a sword that killeth; its intent is a spirit that giveth life." (Justice Holmes on II Cor 3:6)
 
Posts: 2982 | Registered: 01-16-2007Reply With QuoteReport This Post
Power Member
Picture of Rough Neighbor
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Actually, in 2005, a judge in California ruled in favor of a class legalization suit filed under Catholic Social Services (CSS) v. Ridge et all or under Newman/LULAC v. USCIS.

On January 23, 2004, the federal district court in Sacramento, California, approved a settlement of the CSS class action (PDF document). On February 17, 2004 a federal judge approved a final settlement in the Newman (LULAC) case.






"The letter of the law is a sword that killeth; its intent is a spirit that giveth life." (Justice Holmes on II Cor 3:6)
 
Posts: 2982 | Registered: 01-16-2007Reply With QuoteReport This Post
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Picture of Rough Neighbor
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I stand corrected and I caught it myself, because I initially defined it off-hand.






"The letter of the law is a sword that killeth; its intent is a spirit that giveth life." (Justice Holmes on II Cor 3:6)
 
Posts: 2982 | Registered: 01-16-2007Reply With QuoteReport This Post
Senior Member
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I do not understand this whole dilema..

I do not wanna be judgmental,but the officer aka ins officer immigration officer had all the right in the world to deny you.

You need to realize something...you are not nor were a good US resident.U were in the US as non immigrant,you are not even a US resident meaning u are not a permanent resident,nor were you one...

so it really does not matter how well u behaved here.
 
Posts: 715 | Registered: 07-16-2006Reply With QuoteReport This Post
Senior Member
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quote:
I told him illnesses prevented me from going to school but he did not believe me. He was merely looking for any reason to deny me.


What did you bring in with you to back up your claims? I mean, a school semester lasts a minimum of 4 months. Were you sick a full semester in a row? Two semesters? If you came in to study, yet couldn't, why didn't you go back home?

Doctor's notices, prescriptions, hospital stays/bills, surgeries, etc?
 
Posts: 429 | Registered: 02-08-2006Reply With QuoteReport This Post
Associate Member
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BAMBULA
We also came in 1980 on a f1 and f2 and went back once in 1982.We filed for LULAC in 1989 and LIFE in 2001.Like you ,we had all the evidence to show residency. The issue really is to show "illegal" residency, meaning that in some sort of way you violated the terms of your visa e.g working
We received our GC in 2004 through the LIFE ACT.Went to the interview and there were issues that the officer wanted resolved. Took care of that and after 4 months got approved.
Yes, we had a local well known attorney present for the proceedings and I would NEVER go without one for ANY LEGAL proceeding.
We had the same issues, the officer was basically looking for a way to deny and you just have to prove otherwise.
Good luck.
 
Posts: 19 | Registered: 12-01-2003Reply With QuoteReport This Post
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hi,i had my interview for i-687 at hartford,conn and after two weeks i got denial letter stating that i came in 80s with my aunt and my aunt can't apply for my legalization that time and i had legal status for two months after jan,1982.now i don't know what to do,i have chance to appeal but i think its not gonna work.if somebody have any experience like this,share it,i will be grateful or any piece of advice.thnx in advance.
 
Posts: 6 | Registered: 12-15-2006Reply With QuoteReport This Post
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