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Hi,
I live in NY.
After obtaining an O1 visa 2001, I submitted my Green Card Application I-485 in 2003.
I was contacted by the USCIS in September, 2006 and told that I needed a Waiver.
I was told that I needed the Waiver because I had come over as a camp counselor.
The Waiver was granted by USCIS on Jan. 23, 2007.
I received a letter from USCIS dated Jan. 31, 2007 stating that my Green Card application was denied for 2 reasons:
1) that I was supposed to have had the Waiver before submitting the I-485 application in 2003 (is this true?).
2) That I did not currently have a Waiver. (untrue, as the waiver was granted 7 days before the letter).
The letter also stated that regulations do not allow for an appeal of my case, and that I am now out of status.
My Questions are as follows:
1) How can I have them re-open the case and show them that I have the Waiver?
2) Is it true that if I have the Waiver, that they can still deny my I-485 application if I didn't originally apply with the Waiver?
3) If so, what kind of precedents can I use to refute this?
4) Can I explain that neither my lawyer nor the USCIS never told me that I needed a Waiver before the Sept., 2006 contact?
5) I just got married to a US citizen, Shall I concurrently apply for change of status under my recent marriage?
6) Can I have two cases open at the same time?
What are the best ways to proceed?
Here is a detailed account of my Visas, actions and received information:
1) I Entered the USA in June, 1999, with a J-1 Visa, worked as a Camp Counselor
2) I Returned to Romania in October, 1999.
3) I Was granted a B2 Visa on January 25, 2000.
4) I entered the USA February 16, 2000 on the B2 for the International Karate Tournament in Atlantic City, NJ.
5) Was granted an extension on the B2 Visa: valid from 08/16/2000 – 2/15/2001
6) I was granted an O1 – Visa (Alien of Extraordinary Abilities) March 5, 2001 – 2/16/2004 and have been working as a Tae Kwon Do instructor at the same school until today. I teach and work with children, adults, and special Ed kids.
7) My Application I-485 (for a Green Card) was received by the Department of Immigration (USCIS) on September 25, 2003.
8) Every year, I was granted work permits. My current work permit expires on March 28, 2007
9) In 2005 I called USCIS about the status of my file, and was told that his file had been sent to California. Several months later USCIS told him that his file had been sent back to the Vermont Service Center.
10) On September 15, 2006, I received a letter from the U.S. Department of Homeland Security requesting a Waiver by December 11, 2006. I did not know that I needed a Waiver before this contact. Neither USCIS nor my lawyer ever told me that I needed a Waiver.
11) In November, 2006, the Waiver Application was submitted to the Department of State.
12) On December 9, 2006 my lawyer, sent a letter to the USCIS explaining that the Waiver Application had been submitted to the Department of State, and asked for an extension on the I-485 deadline, until the Department of State reached its decision.
13) December 27, 2006 the Department of State Approved the Waiver petition, and sent their recommendation to the USCIS.
14) On January 23, 2007, Approval Notice, Form I-797, Notice of Action, Notification Dated Jan. 23, 2007, USCIS Granted me the Waiver.
15) January 31, 2007 I received a letter from the USCIS, which denied my I-485 application. The reason for the denial was that:
a) I should have had the Waiver before applying with the I-485 in 2003. (I didn't know that I had needed one)
b) That there was no evidence of a Waiver in my file. (the Waiver had been granted on January 23, 2007).
16) In addition, the denial stated that the regulations do not provide for an appeal from this decision.
and,
17) that I am out of Status and am Violating the law.
18) I just married my girlfriend who is a U.S. Citizen
Thank you so very much for your help!
I live in NY.
After obtaining an O1 visa 2001, I submitted my Green Card Application I-485 in 2003.
I was contacted by the USCIS in September, 2006 and told that I needed a Waiver.
I was told that I needed the Waiver because I had come over as a camp counselor.
The Waiver was granted by USCIS on Jan. 23, 2007.
I received a letter from USCIS dated Jan. 31, 2007 stating that my Green Card application was denied for 2 reasons:
1) that I was supposed to have had the Waiver before submitting the I-485 application in 2003 (is this true?).
2) That I did not currently have a Waiver. (untrue, as the waiver was granted 7 days before the letter).
The letter also stated that regulations do not allow for an appeal of my case, and that I am now out of status.
My Questions are as follows:
1) How can I have them re-open the case and show them that I have the Waiver?
2) Is it true that if I have the Waiver, that they can still deny my I-485 application if I didn't originally apply with the Waiver?
3) If so, what kind of precedents can I use to refute this?
4) Can I explain that neither my lawyer nor the USCIS never told me that I needed a Waiver before the Sept., 2006 contact?
5) I just got married to a US citizen, Shall I concurrently apply for change of status under my recent marriage?
6) Can I have two cases open at the same time?
What are the best ways to proceed?
Here is a detailed account of my Visas, actions and received information:
1) I Entered the USA in June, 1999, with a J-1 Visa, worked as a Camp Counselor
2) I Returned to Romania in October, 1999.
3) I Was granted a B2 Visa on January 25, 2000.
4) I entered the USA February 16, 2000 on the B2 for the International Karate Tournament in Atlantic City, NJ.
5) Was granted an extension on the B2 Visa: valid from 08/16/2000 – 2/15/2001
6) I was granted an O1 – Visa (Alien of Extraordinary Abilities) March 5, 2001 – 2/16/2004 and have been working as a Tae Kwon Do instructor at the same school until today. I teach and work with children, adults, and special Ed kids.
7) My Application I-485 (for a Green Card) was received by the Department of Immigration (USCIS) on September 25, 2003.
8) Every year, I was granted work permits. My current work permit expires on March 28, 2007
9) In 2005 I called USCIS about the status of my file, and was told that his file had been sent to California. Several months later USCIS told him that his file had been sent back to the Vermont Service Center.
10) On September 15, 2006, I received a letter from the U.S. Department of Homeland Security requesting a Waiver by December 11, 2006. I did not know that I needed a Waiver before this contact. Neither USCIS nor my lawyer ever told me that I needed a Waiver.
11) In November, 2006, the Waiver Application was submitted to the Department of State.
12) On December 9, 2006 my lawyer, sent a letter to the USCIS explaining that the Waiver Application had been submitted to the Department of State, and asked for an extension on the I-485 deadline, until the Department of State reached its decision.
13) December 27, 2006 the Department of State Approved the Waiver petition, and sent their recommendation to the USCIS.
14) On January 23, 2007, Approval Notice, Form I-797, Notice of Action, Notification Dated Jan. 23, 2007, USCIS Granted me the Waiver.
15) January 31, 2007 I received a letter from the USCIS, which denied my I-485 application. The reason for the denial was that:
a) I should have had the Waiver before applying with the I-485 in 2003. (I didn't know that I had needed one)
b) That there was no evidence of a Waiver in my file. (the Waiver had been granted on January 23, 2007).
16) In addition, the denial stated that the regulations do not provide for an appeal from this decision.
and,
17) that I am out of Status and am Violating the law.
18) I just married my girlfriend who is a U.S. Citizen
Thank you so very much for your help!
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