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My I485 was denied by immigrations,On my first interview the officers congratulates me and can't give the number coz need to wait for my I485 from the consulate once she gets the documents she will send me letter to go to the nearest INS branch for passport stamps. when my petition package arrive,after two months they called for another intervie,the second officer did not know it was my 2nd, for here if she knew, she should not let me come to that interview, after the interview again told me that needs a background interview. after 2 years no approval, I started pestering them.Then they denied me. My lawyer told that the reason they deny coz' pested them. IS THAT RIGHT? Where is the equal rights and equal opportunity>
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My I485 was denied by immigrations,On my first interview the officers congratulates me and can't give the number coz need to wait for my I485 from the consulate once she gets the documents she will send me letter to go to the nearest INS branch for passport stamps. when my petition package arrive,after two months they called for another intervie,the second officer did not know it was my 2nd, for here if she knew, she should not let me come to that interview, after the interview again told me that needs a background interview. after 2 years no approval, I started pestering them.Then they denied me. My lawyer told that the reason they deny coz' pested them. IS THAT RIGHT? Where is the equal rights and equal opportunity> -
Annoying government officials is a deportable offense ; get out (P.S. I am a government official for NYC ! )Comment
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Michael responding to this issue is a felony. Grow up.Comment
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Felony? This is not Grintland!! Learn to live like American.Comment
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INS (at least) has been successfully sued in the past - on the basis of things such as racial discrimination.
I am not sure whether or not you have a case or even exactly how to go about it... but at the very least there should be some avenue of appeal available!Comment
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Everyone can make a mistake, but INS. I also tkink about sueing the Immigration Office. I've got my GC in 1996. After I applied for citizenship (2004)they've found out that I should never receive my GC. What do they say now? Ooops, we've made a mistake. And after all these years they want to revoke my GC and sooner or later I'll be in removal proceeding.
Any comments?
ThanksComment
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A particular poster on this board who either does or has worked for INS has made certain comments which have lead me to believe that "pestering" INS could, indeed, lead to a denial or at least problems, in certain cases. That particular poster once responded to someone that getting a congressman to inquire about the status of a case would most likely cause the case to be processed slower............ INS employees are human. Anyway, it is entirely possible that your "pestering" could have resulted in the denial. It's not a given, however.Have a nice dayComment
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Margo,
They can try to take it back but after 5 years they have to put you in removal proceedings to take it away they just can't take it away administratively.Comment
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Jay,
What was the basis for the denial (please quote the denial letter). Without that knowledge it is difficult to see what the thinking was. It is entirely possible that your complaints made them take a closer look at your case and discovered that you should be denied for another reason. Did you by any chance apply under the DV lottery?Comment
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BronzeLady,
Thanks for your comment. You are absolutely right. But my point is....you can't win with Immigration Authorities.Comment
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I believe pestering can definitely put you on someone's bad side - but I don't think that they can legally deny you based only on that.
Margo, depending on the reason that you shouln't have gotten a green card - I would say you might have a good case to bring to trial or something... get a good lawyer!Comment
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As far as I'm concerned the INS is about as useful as two **** on a bull. I wouldn't be suprised if they did deny benefits based on the fact that they were 'pestered.' Heaven forbid you ask the INS about the status of your case. That means they would actually have to work for a living. God forbid they work. INS workers = oxymoron. I've had congressmen contact the useless INS and he determined that my case was never touched in 2 years of waiting for my I-130 to be approved. If I never did this my I-30 that I filed in 2001 would probably still be outstanding. Now I filed the 212 waiver, got a receipt letter stating a decision in 6 months. I filed in August 2003, the later stated I should receive something by February. When I call the Useless service center ( who never seems to know anything by the way) they said the receipt letters are estimates (like the estimate of between 180 and 999 days, really narrows it down doesn't it). I think the INS gets off on having peoples lives in their hands and that's why they are so useless. As far as the huge turnover... cry me a river already. Find competent people whould won't take 2 years to read a few sheets of paper. I'll get off my soapbox now. Have a good one.Comment
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The INS denied my case due to my petitioner is not entile to file petition agains me, due to marriage. but they did not put my mom in removal proceeding. the past district director appoved our case and that he allows me to apply for I485. Two years had past and I did not receive my GC so I started pestering as an advice from a lawyer, because he told that they have no reason to deny since my case was approved by the past discrict director from his prosecutorial discretion, now the present director deny me and went back to my petitioner issue, I spoke to my lawyer and told me that the main reason they deny me due to personal reason because I pested. I am studying to sue them for descrimination. Comment on this. To MR MICHAEL show me a regulations in immigration that annoying government official due to myriad of inquiries is a deportable offense. I always read the immigration regulations.Comment
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Jay- Let me know if you find anything regarding sueing the immigration.
I have my case in immigration court in October. My lawyer did mention something about Federal Court as a next step (in case of denial).Comment
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