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Approved I-130! Yeah, but what is I-171 vs. I-797?? Help!

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  • Guest's Avatar
    Guest replied
    Mine was happened right after Sept.11. Not because I am one of Spec Reg Countries, but a pilot... Well, I do have those database search printouts... They had tried many aliases on my name... All returned "NO MATCH" LOL!!! They even had done a similar name search where a only guy popped up on the list. Similar first and last name but no relation...

    They charged me with overstay and locked me up! Same time INS ran an investigation. Cleared, I got released, came back to court after wedding, INS TA says "we are sorry, we released him by mistake, he is still in investigation" Judge was outraged! Everything on hold, waiting for government to finish investigation, 5 months later... all clear...

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  • Guest's Avatar
    Guest replied
    Yeah--I'm not on any list, they tried to find me during spec reg. It was pretty funny actually. There were 3 agents pouring through the computer, and I'm just sitting there. I heard the head investigator say to the others, "Well??" and they said, "there just isn't anything." and the other guy said, "We don't have any reason to hold him." They were sort of laughing about it. They tried a couple different databases. And they were about to let me go when they decided they wanted to keep my passport and issue me the NTA. I offered to show them all my paperwork (waiting to file, and even a plane ticket in case I had to go home) but they just said I could show it all to the judge. Our lawyer said that I would probably adjust in front of the judge. Maybe because there weren't any negative factors, aside from the overstay, they just wanted to get rid of their backlog. I hate to get my hopes up though

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  • Guest's Avatar
    Guest replied
    Yes, I am on hold since October 2001! Anyway, they might have wanted to move forward fast, due to the increased workload of the courts maybe... Because you have relief, and been married for a while now, why would the INS press on to get you out? Obviously, you did not appear on any terrorist list or other kind of lists which could raise a flag, and they just cleared your way. If judge does not remand your case to the local office, you would also get your AOS done pretty quick...

    Leave a comment:


  • Guest's Avatar
    Guest replied
    I guess I'm not really worried per se, just that, it all seems so unreal. With that whole spec. reg. thing, and all that we went through that day (harassing my wife, etc.) I just can't believe we're moving forward! I feel like this weight has been lifted. My lawyer just gave a call to say she couldn't believe it was approved so fast and we can move forward. It's like our lives have been on hold...I know you understand that feeling.

    Leave a comment:


  • Guest's Avatar
    Guest replied
    Oh also, no you didn't do anything wrong, I first compared to my case without knowing the exact details of your case and it seemed wrong, but it is not. No why would you be worried about anything now? Relax...

    Leave a comment:


  • Guest's Avatar
    Guest replied
    Thanks Bushmaster!
    Good luck also to you in all your efforts!

    Leave a comment:


  • Guest's Avatar
    Guest replied
    Oh yea that is it, my bad, I missed that part... Yea, that also must be the reason it took quicker, since the marriage was entered before the proceedings... Yea, you won't have a problem at all after this point...

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  • Guest's Avatar
    Guest replied
    The lawyer told us we didn't need a letter or waiver because we were married before the NTA was issued. She said you only need that if you were married while in proceedings. Is this the letter you are talking about? I thought the I-130 was for the INS to determine whether the marriage was bonafide? Oh well, I guess it all worked out. I mean, we just followed what we were told to do, by INS, lawyer, judge, etc.; we have not done anything wrong, is that what you were saying? Maybe our stuff went through fast because we had lots of evidence, affadavits testifying to our marriage, etc? Am I supposed to be worried now

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  • Guest's Avatar
    Guest replied
    Well the request for exemption letter is required by the law, I mean when the person is in proceedings, the law says the service can not approve the I-130 unless the person demostrates evidence of good faith relationship. But obviously, your judge wanted to work this thing out. Judges are sitting at the top of the INS structure, so I would assume whatever the judge said it is going to be done. You came out of the tangled part so it is just the matter of waiting.

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  • Guest's Avatar
    Guest replied
    Actually,
    The judge requested that we re-file the I-130 through the local office. He claims that some people in proceedings are trying to circumvent the interview by going through a service center. Perhaps such papers can be filed by the lawyer when requested by the judge. Lawyers have special windows at the INS where they only can file papers, so I don't think anything was done wrong. We didn't send any request for exemption. Actually, the TA wanted to read our I-130 too before the hearing, so there is a special division within INS for cases in proceeding. They had to have copies of NTA, and court request with the date.

    What do you think

    Leave a comment:


  • Guest's Avatar
    Guest replied
    That is pretty messed up. Not for normal cases, but removal cases. Normal cases I know I-130s gets approved pretty quick. I have never heard of approval in 2 months. But you gotta play "hush hush" bro... Technically, you are supposed to file the I-130 at the service center and local office should not accept it. LA office accepted it, it is wrong, had to go thru preliminary processing. That is where you got lucky in my opinion. Did you send a "request for exemption" letter when filing the I-130s? Now I think you can apply for a EAD but not sure if you have to wait until Sept hearing to file I-485, I guess you will.

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  • Guest's Avatar
    Guest replied
    Oh yeah--
    the state is California, LA area
    sorry, in my excitement Iforgot your original post!!!

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  • Guest's Avatar
    Guest replied
    My timeline is unbelievable Bushmaster, I don't know, it must be God on my side!

    Married beginning of December 2002.

    Special Reg. at end of Dec. (no paperwork filed yet, because didn't have official marriage cert from state) I'd overstayed my visa and was unlawfully present as of Sept. 2002

    Received NTA at Spec. Reg. b/c of overstay but not detained (longer than a few hours) or issued bond, ROR

    Got marriage licence beginning Jan '03, filed I-130 immediately with CSC as was told by one lawyer (we changed lawyers then b/c he changed his price to $15,000!!) We went pro bono.

    Received letter for Master Calender hearing to be at beginning of March '03. In the meantime, our new lawyer told us to re-submit I-130 app. to local office so they would have it before the trial.

    At the hearing, admitted to deportability, but showed that I had relief (marriage to USC before NTA), he scheduled another hearing (master cal) for Sept. '03 to give INS a chance to adjudicate the I-130.

    In April got letter for I-130 interview, which was to be at beginning of May.

    Went to interview on Friday. Officer said we'd know in two weeks, (lawyer said probably more like two months).

    We received approval of I-130 letter Thursday!

    It says that they adjudicated the I-130 submitted in March (not in January) so it says date submitted, in March, date approved, May!!

    I can't believe it! Is that time unreal or what???

    Leave a comment:


  • Guest's Avatar
    Guest replied
    Wait a min, you were served NTA due to Spec. Reg. and then you filed the I-130... It is not that long ago...

    I forgot what state were you in? And what was the timeline? I mean when were you put in proceedings and when was the I-130 submitted?

    Leave a comment:


  • Guest's Avatar
    Guest replied
    It reads as follow on immigration site.
    Forms Used in Orphan Cases
    Form I-171 -- Notice of Approval of Relative Immigrant Visa Petition (sent to petitioning parent when the I-600 orphan petition is approved

    Leave a comment:

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