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REOPEN OR REFILE?????

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  • REOPEN OR REFILE?????

    sPRINT WHERE ARE U??? Im not sure if I should have my file reopened or refiled? My lawyer said to reopen could take up to a year!! so can i do both or only one them? and which one should i do???

  • #2
    sPRINT WHERE ARE U??? Im not sure if I should have my file reopened or refiled? My lawyer said to reopen could take up to a year!! so can i do both or only one them? and which one should i do???

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    • #3
      Bianca, so sorry, got back late. I will post back to you a bit later. I promise
      -----------------------------------------------------------------------------------------------
      God Bless America - God Bless Immigrants - God Bless Poor Misguided Souls Too

      National Domestic Violence Hotline:
      1.800.799.SAFE (7233) 1.800.787.

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      • #4
        thanks sprint, cant decide if i should file for motion to reopen or reconsider or both, my lawyer said reopen but that can take up to a year, or should i just refile for I-485???? woulnd that be quicker. or can i do both at the same time???
        Department of state cant issue me a copy of my lost IAP 66 nor can Embassy or the au pair program, because they dont keep hard copies over 3 years, all i have now is the letter from the program stating that i am not subject, i know it s not goverment issued,but it mentions how the program is designated by Dep. of state.Will that help? well, i dont have anything else.... any help appreciated, thanks.

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        • #5
          You need to understand the appellate procedure, that's why you should discuss these things with your lawyer directly. Sprint is not a lawyer and she cannot provide the kind of advice you seem to need.

          So, if you're denied on lack of evidence, what's to reconsider? I would start by asking that. Wouldn't you like to reopen the process so you can introduce evidence?

          Appeals, in general, only deal with questions and evidence already introduced. If you want to present new facts, then you need a new trial.

          I hope this helps you understand a bit more what the process is all about.

          However, nobody on this board can give you a clear answer or advice on how to proceed. That's why you have a lawyer, it's not a bad idea to make the lawyer earn his/her pay! lol

          -THIS IS NOT LEGAL ADVICE-

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          • #6
            Sprint, where are u?:-(just a little update, what i was able to do, is to have the American Embassy in my country write a letter stating that my J1 visa was not subject to the 2 year residency.....IS THIS GOING TO BE ENOUGH PROOF FOR THEM??? i cnat get the copy of myy Iap thats final. i lost it, for the waiver i have to have a copy of it...so my only proof as of now is the letter from the embassy signed by the consular and a letter from the head of the program that i came with stating the same that the program does not require the 2 year....if these dont help then i dont know what will.
            any thoughts?? oh and im filing motion to reopen...

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            • #7
              thanks for answering,well, i've been doing some research and jsut because my sponsor dont keep copies of my IAP -66 ON SITE, it has to be archived somewhere, rihgt??? if its such an important document it has to be kept somewhere, and that's what i have to find out, how about freedom of information request???

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              • #8
                Bianca, I think Davdah's and Houston's advice and info is worth reading.
                I don't know enough about this situation, I am sorry.

                Aneri on here, if he comes by, might have some additional knowledge if anyone.

                I hope this gets sorted for you Bianca, I can imagine the frustration you are going through right now.
                -----------------------------------------------------------------------------------------------
                God Bless America - God Bless Immigrants - God Bless Poor Misguided Souls Too

                National Domestic Violence Hotline:
                1.800.799.SAFE (7233) 1.800.787.

                Comment


                • #9
                  <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Sprint_girl07:
                  Aneri on here, if he comes by, might have some additional knowledge if anyone. </div></BLOCKQUOTE>Sorry, she doesn't know much more ... I would love to help since I kind of feel bad, like I opened this pandora box ... if I remember well, I told bianca 2year HR may be an issue way back and she should look into it. With the proofs she had, I've never expected it will come to this.

                  I'll try to do some research tomorrow.

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                  • #10
                    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by bianca1:
                    thanks for answering,well, i've been doing some research and jsut because my sponsor dont keep copies of my IAP -66 ON SITE, it has to be archived somewhere, rihgt??? if its such an important document it has to be kept somewhere, and that's what i have to find out, how about freedom of information request??? </div></BLOCKQUOTE>

                    Yes, if I were you, I would file a FOIA request (G-639?) in conjunction with all else that you do now. It's free and they relatively respond quite quickly now with copies of documents on a disc.

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                    • #11
                      first of all, thank you for taking the time to respond, i really appreciate it.
                      I will call USCIS see if they retain copies, which i know they do but want to asked them if they would give me a copy of it, sounds naive i know but worth a try.
                      also call the waiver review division see if i can get an advisory opinion or somehow make them write me a letter stating im not subject.
                      oh, if i file for motion to reopen, what is the diff. between reopen or reopen AND reconsider, which one should i check , because if i check jut the reopen then they only look at the new evidences right, but with reopen and reconsider they would look into whatever i have submitted????? im not sure which one...
                      thanks everyone, aneri, thanks for looking into it.

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                      • #12
                        Couldn't find "how to do it", but here are a few ideas:

                        1.When did you come to the USA on J1 visa?
                        If it was after SEVIS was implemented, you may want to contact the school where you attended classes. They have some data...
                        2. As suggested, do FOIA on USCIS, you never know what you may find there...
                        3. Have you lawyer write a letter why, according to the law, you couldn't be a 2YHRR subject
                        4. try to contact Tomek. He got a letter from DOS saying that he is a subject to 2YHRR.. Maybe you can get one saying you are not...
                        http://discuss.ilw.com/eve/forums/a/tpc/f/902603441/m/5...10384241#69310384241

                        I'll keep looking...

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                        • #13
                          Thanks Aneri,
                          Well i came before the SEVIS, i talked to the DOS and my Embassy and my sponsor, they DO NOT keep copies for more than 3 years, i've been here over 7.
                          what i was able to do is get a letter from each of them stating that i am not subject, on a letterhead, signed from the consular and from my sponsor, would that be enough i dont know, getting a copy of IAP is impossible, so i have to give them some kind of PROOF since that is what they want, not the copy but proof. also i'll try to file not just for the FOIA but for advisory opinion as well. see what happens.
                          i still dont know if i should file motion to REOPEN OR MOTION TO REOPEN AAANNNNDD RECONSIDER. any ideas??also for the infopass can i pay cash or it has to be check or money order?

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