Need your help, please!!
Dear ImmigattyLana:
Could you give us your contact information. We possibly need your assistance, and you seem knowledgeable and "pragmatic" on the subject. I have a very similar problem where my USC wife had petitioned for me in 1998. We had our interview in 2001.
Part 1:
To make a long story short, there were complications in my case (a deportation back in 1992, where my
EX-WIFE made some false accusations that I threatened her etc.) and USCIS eventually revoked the I-130 petition in OCTOBER 2003 (disregarding my rebuttal evidence, such as reference letters from past friends and acquaintances etc.). USCIS based their revocation, relying on a "protection order" got by my ex-wife to substantiate their adverse decision, claiming that I conspired with her to evade immigration laws. A very strong appeal was filed to the BIA with an overwhelming amount of
NEW EVIDENCE, not only addressing the protection order (which was obtained by her by default, and not by "statements made in court" as claimed by USCIS) - attorney affidavit & actual copy of protection order was presented as an exhibit in BIA appeal. We went well over and beyond this, to prove our side of the story by hiring a private investigator and uncovering all the horrendous gory details about my ex-wife (who was actually the one abusing and extorting from me), which included the fact that she actually got married to someone else while she was married to me, committing polygamy, and warrants for her arrest, extremely incriminating statements from THAT GENTLEMAN (the one she married) etc. etc. etc.
Part 2:
Although we filed the timely appeal in the time allotted, the appeal never made it to the BIA. Instead it went to archives and all over the universe, and my case was in legal limbo for 3 years (they kept renewing my work permit though) until we had to get really aggresive with them, and get it out of acrhives to be adjudicated. Again to make a long story short, it eventually landed at the US attorney's office at 606 N. Olive Street in Los Angeles (my case was initially filed at Los Angeles District Office). When I met with the US attorney she said that she was working on getting it to the BIA as soon as possible. However, I sat down and chatted with her and explained about the NEW EVIDENCE and asked, since this was very strong "Evidence de novo" as they call it, if she could have USCIS reconsider their decision. She agreed and said that if she deemed the evidence credible, she would send it back to the the district office. She apparently agreed, and 4 weeks later (September 2006) it was back in LA district office, where me and my wife spoke to the adjudicating officer on the 8th floor, who said the same thing: If I find the evidence convincing, I'll reverse, otherwise a judge will have to decide. We kept tracking the file, and finally in Jan 2007 I was told by LA district office that they had decided to grant, and "my IR6 class had already been granted" according to their records - he even showed me a copy of the document. He said that an FBI background check was all that was pending - Fingerprint and "FBI name check" were done and cleared in 2006. (FYI, I have no record. I am clean as a whistle. Not even traffic tickets!!!). Then suddenly on Mar 24th we get a notice from Laguna Niguel saying some nonsense such as: "there is no immediate visa available for you, the underlying I-130 was revoked in October 2003 and you are ineligible for an I485 adjustment because you are not the benficiary of an unexpired visa petition and you will have to depart the US within 30 days".....What are these people talking about??...Like you said, in all likelihood could they have made a big mistake?? ....it makes absolutely no sense, because even if, at the last moment, LA district office changed their mind, for some REAALLY ODD reason, against reconsidering in my favor, it would be illegal for them to send my file to Laguna Niguel, as my BIA appeal is STILL PENDING ( I have not exhausted that appeal yet), which means there does not exist a "finally resolved" I-130. That's why I believe this is a huge mistake made by Laguna Niguel. Besides what's really strange is: when I enter my receipt number on the website, and USCIS automated line, it says: "Your file has been transferred to CSC for routine processing, we mailed you an I-797 on March 08, 2007" (which, BTW, we have not yet received).
Thanks for reading my long post, and if you could please send us your contact info to our email address at
[email protected] we would highly appreciate it. ( we need an attorney to aggressively sort this out for us, with the USCIS)
