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  • Decison-- Deportaion Hearing HELP PLEASE

    Hi,

    I am in situation and desperately looking for some insight. I will note the details below.

    1. July- 26, 2006 Filed I-751 Petition to remove Condition.

    2. Aug-11, 2006 Received I-797 C, Receipt notice extending 1 year, and wait for Fingerprint and Biometric letter.

    3. Dec-26, 2007 Received Notice of Decision letter explaining we didn't show up for the Biometric and finger print appointment on Aug. 31, 2006. NO appeal can be made, this petition to remove condition is abandoned and denied, and wait for a letter to appear from of Immigration judge.

    I immediately made the appointment and saw an immigration officer in Phoenix, AZ office, she assured me the letter will arrive soon to see the judge. Checked online and as of today after 8 months receiving the Notice of Decision letter it still shows in process. We NEVER received the letter for the fingerprint.

    Anyway, I went again after 8 months to immigration office (yesterday) she looked on the system and couldn't help me. I am still waiting for the letter to see the judge after 8 months from "Notice of Decision".

    I consulted with 2 attorney and paid 2 separate fees.

    First attorney said, contact the Congressman, senator and he gave me the address of "Office of the Chief Counsel" I sent an certified letter to them asking to remedy the situation or start the removal (Deportation process) since it has been 9 months and no notice to appear front of the Judge. I believe the Burden of proof is on the USCIS and I have some supporting document, it shows, multiple error on USCIS part, for example, they made mistakes on spelling and when I inquired with USCIS, they sent me records of other people. Also, for something simple as fingerprint, I think Judge will allow to be rescheduled.

    2nd attorney, I met today, he said refile I-751 after reading the letter. I just don't understand. We have been married for 3 years and the Condition card was issued 3 years ago. We filed on time to remove condition 90 days prior to expiration of 2nd anniversary date on the card. How can we re-apply now? It is beyond the time allowed to apply to remove condition.

    Both of the attorney's specialize in immigration related issues and both of the attorneys are on listed on USCIS page.

    Now here I am looking for advise. How long do we wait to see the Judge, first attorney said notice to see the judge arrives closely to the Notice of Decision.

    Any insight, experience, suggestion and support will be appreciated.

    Regards.

  • #2
    Hi,

    I am in situation and desperately looking for some insight. I will note the details below.

    1. July- 26, 2006 Filed I-751 Petition to remove Condition.

    2. Aug-11, 2006 Received I-797 C, Receipt notice extending 1 year, and wait for Fingerprint and Biometric letter.

    3. Dec-26, 2007 Received Notice of Decision letter explaining we didn't show up for the Biometric and finger print appointment on Aug. 31, 2006. NO appeal can be made, this petition to remove condition is abandoned and denied, and wait for a letter to appear from of Immigration judge.

    I immediately made the appointment and saw an immigration officer in Phoenix, AZ office, she assured me the letter will arrive soon to see the judge. Checked online and as of today after 8 months receiving the Notice of Decision letter it still shows in process. We NEVER received the letter for the fingerprint.

    Anyway, I went again after 8 months to immigration office (yesterday) she looked on the system and couldn't help me. I am still waiting for the letter to see the judge after 8 months from "Notice of Decision".

    I consulted with 2 attorney and paid 2 separate fees.

    First attorney said, contact the Congressman, senator and he gave me the address of "Office of the Chief Counsel" I sent an certified letter to them asking to remedy the situation or start the removal (Deportation process) since it has been 9 months and no notice to appear front of the Judge. I believe the Burden of proof is on the USCIS and I have some supporting document, it shows, multiple error on USCIS part, for example, they made mistakes on spelling and when I inquired with USCIS, they sent me records of other people. Also, for something simple as fingerprint, I think Judge will allow to be rescheduled.

    2nd attorney, I met today, he said refile I-751 after reading the letter. I just don't understand. We have been married for 3 years and the Condition card was issued 3 years ago. We filed on time to remove condition 90 days prior to expiration of 2nd anniversary date on the card. How can we re-apply now? It is beyond the time allowed to apply to remove condition.

    Both of the attorney's specialize in immigration related issues and both of the attorneys are on listed on USCIS page.

    Now here I am looking for advise. How long do we wait to see the Judge, first attorney said notice to see the judge arrives closely to the Notice of Decision.

    Any insight, experience, suggestion and support will be appreciated.

    Regards.

    Comment


    • #3
      All cases such as yours are now being reviewed on-line and on ilw.com. We are reviewing your case and a decision will be issued shortly. Thank you for you patience.

      Comment


      • #4
        We have completed our review of your application and it is hereby DENIED. You have 30 days to leave the country. Thank you for visiting.

        SonofMichael
        USCIS ON LINE SENIOR ADJUDICATOR

        Comment


        • #5
          <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">First attorney said, contact the Congressman, senator and he gave me the address of "Office of the Chief Counsel" </div></BLOCKQUOTE>

          - Sounds like a good suit for malpractice ! LOL contact the congressman - LOL LOL LOL ROFL

          Comment


          • #6

            Comment


            • #7
              davdah..

              as indicated, I did receive the I-797C, I believe it is the proof of filing.

              SonofMichael, I wish the USCIS will review the case fast as you did.

              Thanks for reading and replying..any more ideas?

              Comment


              • #8
                OK you seem like you have a good sense of humor so I will help you. First don't listen to the ninnies and fraudsters from this site. Second, stop using lawyers; they are no better than the retards and fraudsters from this site.

                Here is what you need to do. Make an appointment (don't just walk in there) to immigration to fix this up; expedite seeing the judge, etc.... DO NOT BRING A LAWYER. Did you change addresses at all? Show any such changes. Somehow the malil got lost. This will not be such a big deal and the judge will fix it up no problem.

                Comment


                • #9
                  SonofMichael,

                  I made the appointment twice, once back in Jan 2007 and another few days ago thru infopass.

                  First instance, back in Jan 2007, she was confidence, I will get a letter soon to appear, now few days ago, she said she dont know.

                  I didnt change the address.

                  Thanks

                  Comment


                  • #10
                    Sounds like they lost the file. They do that all the time. Yea go on another appointment. Don't waste money bringing a lawyer. The judge will slap them bad if they lost the file.

                    Comment


                    • #11
                      I just went to infopass site, no appointment is available in Phoneix office, LOL...

                      I will try again, I hope I get another officer, last 2 times I went I encountered the same person. She is lazy enough to get off of her seat to do anything.

                      Man, try to do everything right, pay the fees, obey the law and get screwed at the end.

                      Comment


                      • #12
                        <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Hi,

                        I am in situation and desperately looking for some insight. I will note the details below.

                        1. July- 26, 2006 Filed I-751 Petition to remove Condition.

                        2. Aug-11, 2006 Received I-797 C, Receipt notice extending 1 year, and wait for Fingerprint and Biometric letter.

                        3. Dec-26, 2007 Received Notice of Decision letter explaining we didn't show up for the Biometric and finger print appointment on Aug. 31, 2006. NO appeal can be made, this petition to remove condition is abandoned and denied, and wait for a letter to appear from of Immigration judge.

                        I immediately made the appointment and saw an immigration officer in Phoenix, AZ office, she assured me the letter will arrive soon to see the judge. Checked online and as of today after 8 months receiving the Notice of Decision letter it still shows in process. We NEVER received the letter for the fingerprint.

                        Anyway, I went again after 8 months to immigration office (yesterday) she looked on the system and couldn't help me. I am still waiting for the letter to see the judge after 8 months from "Notice of Decision".

                        I consulted with 2 attorney and paid 2 separate fees.

                        First attorney said, contact the Congressman, senator and he gave me the address of "Office of the Chief Counsel" I sent an certified letter to them asking to remedy the situation or start the removal (Deportation process) since it has been 9 months and no notice to appear front of the Judge. I believe the Burden of proof is on the USCIS and I have some supporting document, it shows, multiple error on USCIS part, for example, they made mistakes on spelling and when I inquired with USCIS, they sent me records of other people. Also, for something simple as fingerprint, I think Judge will allow to be rescheduled.

                        2nd attorney, I met today, he said refile I-751 after reading the letter. I just don't understand. We have been married for 3 years and the Condition card was issued 3 years ago. We filed on time to remove condition 90 days prior to expiration of 2nd anniversary date on the card. How can we re-apply now? It is beyond the time allowed to apply to remove condition.

                        Both of the attorney's specialize in immigration related issues and both of the attorneys are on listed on USCIS page.

                        Now here I am looking for advise. How long do we wait to see the Judge, first attorney said notice to see the judge arrives closely to the Notice of Decision.

                        Any insight, experience, suggestion and support will be appreciated.

                        Regards. </div></BLOCKQUOTE>

                        I don't think you would need to see the Judge had you timely filed Form I-290B
                        The routine mistakes/glitches happen (I remember reading on other forum about this very issue, though it was not Re: I-751 filings, but I-485 filings, not family related).
                        USCIS is aware of it and provides venues of remedy (your attorney must have known it, despite the generic letter stating "NO appeal can be made" ).

                        However, you may no longer be able to file I-290B, because it's been so long since you had the letter of decision in your case.

                        Good luck

                        Comment


                        • #13
                          Thanks RationalE,

                          Yes I saw this, and I have 30 or 33 days to file the motion.

                          However, immediate visit back in Jan 2007 to USCIS, which I have proof was told to wait for the letter.

                          She assured me it will come quick, now I know not to accept their answer.

                          I spoke to another attorney today, and he said filing another 751 is an option, despite it is over the time frame. He did say it is not a guarantee.

                          3 attorneys 3 answers. I was hoping for some help here.

                          Tahnks in advance.

                          Comment


                          • #14
                            When hiring an attorney discriminate wisely, make sure you are hiring a competent one.
                            That sounds obvious, but too often neglected (with predictable outcome).

                            Good luck

                            Comment


                            • #15
                              You are right, choosing an attorney is a task.

                              Senator's office is on top of it, after speaking to the person, he knew exactly what I was talking about, and they have direct connection with USCIS in CA. My Senator office also sent a letter after we spoke 2 days ago. WOW

                              Here is what I am going to do.

                              While his office is trying to remedy the situation, I AM REFILING I-751, I guess it wont hurt, except my bank accout will be less by around $600.

                              I will be express mailing them tomm.

                              Any more thoughts?



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