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Immigration Law Question: Work Permit and Appeals

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  • Immigration Law Question: Work Permit and Appeals

    I have very complicated situation going on in my life right. Please help me, if anybody can suggest me anything..
    Story is my husband applied for me I-130 on 12/08/2010 and I-485 AND I-765 on 01/14/2011..I had my finger prints done on 02/23/2011..His I-130 got denied on 04/25/2011. We submitted appeal that was received on 05/24/2011..I received my work permit in July 2011. They sent us scheduled interview date for 08/24/2011 butttttttt........on 08/12/2011, they sent us notice for cancellation of interview. On 08/23/2011, they sent us reasoning for cancellation of interview and denial of I-485 that it was because of denial of I-130. But question is why did they decide so late and they knew about denial of I-130 was in April, then whey did they approved my work permit in July and scheduling of my interview for august and later on revoking of my work permit and cancellation of interview seems so weird?
    Now please help me out. We have already sent them motion to re-consider our I-485 based on timely submission of I-290B for I-130. We filed motion but they did not send us any response yet of receiving I-290B for I-485. So any suggestions.
    How long does it take for decision on appeal? as we did not get any decision for our appeal of denied I-130.

    What should I do regarding my work permit?
    We are facing very bad financial situation right now, so are not in position to hire a lawyer. So if any guidance regarding work permit.

    Thanks in advance,

  • #2
    The post was deleted due to violation discussion board rules.


    • #3
      Pari, there is no rhyme or reason for the timing of USCIS decisions, nor is there a set schedule for any decisions. You just have to wait.

      But after six months, you should inquire in writing with the Field Office Director of the USCIS office where you applied.

      But it sounds like they are denying for fraud. You best gather together evidence that your marriage is valid and real.


      • #4
        Federale 86 Thanks alot for your nice reply. I really appreciate that. No actually they denied I-130 because of my husband's *** offendor case when he was teenager and they denied my I-485 because in their record we did not apply for appeal for I-130. But our lawyer told us that he did filed. That is the reason we are upset. But my question was for work permit. Should we apply I-765 form for revoked work permit or what shoudl we do? I am asking you because we cannot hire lawyer anymore and my husband works nights at store and sleeps day time, so he does not have time for all this.


        • #5
          Pari, was your marriage through an International Marriage Broker?

          You need to get the I-130 matter sorted before anything.
          The whole of life is but a moment of time. It is our duty, therefore to use it, not to misuse it - Plutarch


          • #6
            I am sure that most of the people who reads this forum are all illeterates..I live in USA and My husband was supposed to apply for me for I-485. This is what lawyer told us at that time. Your non-sense comments make me feel astonished. How do organizers of this forum let you talk like that?It seems like third class community is sitting here and no women should come here to discuss any matter... Thanks alot for all of your help..I think that I will leave this forum soon. You guys most probably dont have brains to think how to discuss any matter. I just asked for work permit and am reading funny comments except one that was nice from federale.


            • #7
              It wasn't a nonsense comment, Pari. It was a perfectly legitimate question. The sponsor's background is checked under IMBRA, but all they can do is inform the fiancé/spouse, not use it as a basis to deny. In that, you may have grounds for appeal. Unfortunately, that's not the case for you, so I will admit that the question may have been silly since your situation is a lot more dire. Your denial was based on the Adam Walsh Act, which means that anyone convicted of a *** offense against a minor is prohibited from petitioning a family member. You're going to have to do a lot more work and will need to prove that your husband is not a threat to you. More information on that is available here.

              EAD is only granted for a pending I-485 on the basis of an approved or pending I-130. Without that, you have no chance of an appeal or a re-issue. I stand by my original comment on this - you need to sort out the I-130 first and foremost.

              P.S. I'm a woman, Pari. But no worries. No more 'brainless' or 'third class' comments from me
              The whole of life is but a moment of time. It is our duty, therefore to use it, not to misuse it - Plutarch


              • #8
                If you appealed the I130 and were denied because you did not appeal, then you have to file a Motion To Reopen with the Field Office Director of the office where the I130 was denied.


                • #9
                  Hi pari 253,
                  I understand your problem dear.I would like to suggest you that you should take advice from visa and immigration experts.They will solve your problem definitely.

                  All the best.

                  us green card us green card


                  • #10
                    Its better to ask an assistance to an attorney that are expert in visa and immigration issue and also work permit.



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