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  • Guest's Avatar
    Guest replied
    You have a choice either you can file For appeal IN EOIR/BIA and INS to join.because your case was not judged properly and denied with the technicality not in your part. You have to mentioned in your Afidavit that you are married to USC. Attached to Proof with it.
    BIA will consider it if it is within the time limit. You still can appeal BIA decission and ask for reconsider in the event of change in situation.
    OR you can apply again with the correct information, in that case the time limit or AOS may fall under the 3/10 year bar. But if it does then later you can refer the denial of AOS based on limited info of the spouse.

    Leave a comment:


  • Guest's Avatar
    Guest replied
    Yes, Mohan, I was asking about the time to get the plastic conditional green card, so 3-4 months not too bad.. it's just as same as a real green card, anyway...

    Leave a comment:


  • Guest's Avatar
    Guest replied
    to Mohan,

    My whole story is that I am married to USC and have 2 kids USC..When I joined my husband here, I came with a visa tourist and did not mention that my husband was a USC...
    So when I filed they denied my AOS...denied the waiver I-601.
    That's the end of the story..I still have no news from the INS. So my question should I file again for AOS and a waiver at the same time again as some lawyers recommend or should I ask the INS for a notice to go to Court as some other lawyers sugest..
    I am kind of scared of the court because according to one lawyer if the IJ denied my AOS than I will have only one chance left with the BIA..I will never be able to go to the 9 th circuit because this do no apply for waivers as that lawyer said.Is that true ????
    I am still thinking about the right decision to take...I am still consulting different lawyers...
    Thank you for any information you can advance...

    Leave a comment:


  • Guest's Avatar
    Guest replied
    You will get stamp in PP . Time allocated for Plastic is one year but they will send it within 3-4 month. again its depands on the case by case. its different if the marriage is less then two year old/OR if the conditional status etc.etc

    Leave a comment:


  • Guest's Avatar
    Guest replied
    Good to hear that, she already appeared with me many times... Heck, my mother-in-law even appeared in court with me :-)

    So after the IJ approves the AOS, how long does it take to get the plastic con. green card?

    Leave a comment:


  • Guest's Avatar
    Guest replied
    Yes. Load differs
    IJ will look the papers and there will be no need for interview. Take your spouse with you and all the papers in origional.
    thats all. the interview will only took place if papers work is not satisfied.
    IJ will ask your spouse just simple question and thats .. done.

    Leave a comment:


  • Guest's Avatar
    Guest replied
    Double Post by mistake

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  • Guest's Avatar
    Guest replied
    Mohan,

    Does the AOS processing time differ from judge to judge in terms workload? I mean the court's workload in Minnesota can't be as much as in New Jersey's... Hope it won't take more than 6 months... Who is going to do the AOS interview? The judge herself?

    Leave a comment:


  • Guest's Avatar
    Guest replied
    Mohan,

    Does the AOS processing time differ from judge to judge in terms workload? I mean the court's workload in Minnesota can't be as much as in New Jersey's... Hope it won't take more than 6 months... Who is going to do the AOS interview? The judge herself?

    Leave a comment:


  • Guest's Avatar
    Guest replied
    I was reading your thread . I don't know your case history but as you said you have last chance to apeal in BIA.
    If the BIA denied the apeal you can always apeal to reconsider which should be within 30 days.
    make sure you are writing all the fact in your affidavit. if you don't write all the BIA will denied the apeal.
    other main reason to deniel is Apeal not filled in timely manner which is within 90 days of the decision render to you fron the INS.
    let me know if your whole story.

    Leave a comment:


  • Guest's Avatar
    Guest replied
    thank you bushmaster Good luck to you
    fOR FRIEND :
    when they denied my AOS, INS asked me to file
    I-601. I did but they denied it , not enough
    hardship...I did not go for any interview..everything was done via mail.
    did they call you for an interview ??

    Leave a comment:


  • Guest's Avatar
    Guest replied
    IF IJ told your attorney that he will be filing the I-485 before the IJ only after the I-130 approval means they have to wait for I-130 result. Ij want to make sure of your 130 aproval, And it depends upon IJ to decide for your next hearing for AOS it can be more then 6 Month. regardless of the time period for AOS. And remember you can only adjust in front of IJ. other option is not for you. its procedure my friend. But judge normally will call you back within month or so. ask your attorney to get early date in your next hearing, He can request for early appointment. Is it not possible to file a "courtesy" motion to ask the IJ to review the AOS on an expedited basis.Don't even go there. when the INS attorney mumbled that they requested the I-130 for relocation from Nebraska and it never happened, It means He have no idea about your I-130 And your I-130 is not lost, just they don,t work towards it to get the the info. He will do it before the next apearing.( Where are you appearing before the IJ in NJ? Newark or Elizabeth? I was in Newark...
    My case in in Newark too.

    best of luck,.

    Leave a comment:


  • Guest's Avatar
    Guest replied
    Before I start I wish you well and hope that your case will go to right direction too...

    I appeared 6 times yes, actually it is 7 times but one of them was postponed before its date...

    Anyway, it is kind of a long story, I appeared first time last october for a bond hearing, the IJ in NJ intended to reduce the crazy bail and release me but as you know INS attorneys always have to object to something, they asked him to review the case, one week later, they agreed, I was out... Then I appeared for a master hearing, where the INS attorney told the IJ I was released by a mistake, I shouldn't have been released, there was another investigation going on which was skipped last bond hearing... IJ put the case off twice till governtment finished their investigation. Then he changed the venue to MN where I'd be applying for my greencard. I appeared in MN, first time the IJ was not ready for the case, she just put it off 2 months, and a week ago I appeared again, this time she knew what she was going to do and that's all about it... I hope next one in February will be the LAST hearing!

    Since I have no US government ID, I had to take the bus down to NJ several times... It is quite costly when your immigration court is not in town...

    Sarah, I don't think BIA's order is final, you should be able to appeal to that in federal courts too... Since I don't have much information about that, I can't be that helpful, hope things will get better for you...

    Leave a comment:


  • Guest's Avatar
    Guest replied
    Sarah,

    Are you in SF or LA? Can you share the timeline of your waiver i-601? Did they call you for interview, how were you notified?

    Thanks in advance and God bless.

    Leave a comment:


  • Guest's Avatar
    Guest replied
    Thank you for keeping us posted bushmaster...
    it's good to hear that your case is going into the right direction
    I just have a question here if you can help please..what do you by 6th hearing ? did you have to see an IJ 6 times ???????????
    I might be going through the same thing...and my lawyer said if the IJ denied your case I will then have one last chance to appeal (BIA )and this is the end of it..what about the 9th court ??
    my lawyer said that I do not qualify since my case involves a waiver for a hardship I-601..
    anyone can confirm that ??
    I am hesitating between filing again for AOS and asking to appear before an IJ...
    The INS has not done anything about it since they denied my waiver...so I need to act here but hard to take the right decision even with the help of a lawyer...
    I am in California..anyone know anything about judges here ??
    thank you so much for your help...
    NB : I am married to a USC ..have 2 USC... been here for 5 years...my problem is misrepresentation...did not mention that my husband is a usc when I came here to join him...
    that is my crime

    Leave a comment:

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