Unbelievable! I-130 Approval has been WITHDRAWN!

[Brenglen]

What is the name of your state (only U.S. law): Michigan

So im begining to think i should be giving up on this case, i mean everytime i present something they automaticly find something else just to hold against me. My i-130 was approved back in April of 2007, however my I-485 was not due to my status not being cleared when i moved back to canada from my mom's previous divorce. My mom met someone else in 2000, got married in 2003 and their still married. My step-father and my mom filed for a divorce in 2004, it never went through cause they were mad at eachother at the time and felt it was stupid to get a divorce because of it. My mom filed the I-130 in 2003 but then canceled it when crossing the border for her family one day and decided to live in Canada cause of family reasons, she would cross the border almost every weekend to see my step-father (he would do the same) and they also had a child together too for visiting rights. in 2005, my mom was banned from the U.S. cause they found OLD u.s. mail in her car and suspected her living here illegally and she never got a fair trial. my stepfather has been saving his money so he can get a lawyer to reducer her ban and to file the i-130 however with Michigan's eccomony so bad, its hard to find work and yet save up money, so at this point were saving and yet prolly wait til her ban is done.

My lawyer is on vacation, i have 30 days to appeal this and yet my lawyer wont be back in town by the time my 30 days are up. i have to do this by myself then and prove the i-130 should be approved or w/e I really dont know what to give so I have provided the letter i received today and some of the things are FALSE!

1.) I have never said we filed the I-130, we said were in the process of doing it when my step-father can afford it.

2.) They NEVER filed a divorce twice, only in 2004.

3.) At the first interview, we DID say my mom was banned from the U.S. but apparently we never said that.

4.) My step-father did say THEY NEVER FILED A DIVORCE, so yes that is true it can be listed as a lie however he never thought about the 2004 case and also didn't think it would come up on record because he withdrew it about 15 days after he filed.

So I need some advice, What kinda of surport evidence should i provide. They wanna send this appeal to the "The Board of immigration appeals in falls church, Virginia." however I think they want me to send the appeal to my district office because it says "Do Not send your appeal directly to the board please direct any questions you may have to the uscis officer nearest your residence". They also provided on the back form EOIR-29 which asked me "Do you desire oral arguement before the board of immigration appeals?" does that mean i can go to my nearest local direct office and argue my case?? cause id do that in a heartbeat.

Id appreate it if someone out there can help me and give me a response, i have scanned the letter i received so u can get a better picture of the case and more understanding.

Thank you.

Note:Mrs and Colleen is my mother. This letter was sent to my step-father the sponser

Page 1
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Page 2
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Page 3
http://img.photobucket.com/albums/v52/wingnutfan2k3/Page3edit.jpg

Appeal form
http://img.photobucket.com/albums/v52/wingnutfan2k3/appealform.jpg

 

[evcalyptos]

Wow.
I just took the time to look at all 3 pages of the letter, and then to review your old posts. You have a very complex situation & if this is all your lawyer has done for you, well, get a new lawyer.

Back to the very beginning, you said that your father (birth father) is a US citizen. Did you ever exhaust the possibility that you are a US citizen yourself? I would have thought this would've come out in your previous PR application (you said you had a green card once) but perhaps you & mother were economical with the facts back then too?

This I-130 was denied because the officer suspects that your mother and step-father do not currently have a viable marriage, and that in fact it may have been a sham from day one. If your mother does not have a valid relationship with your step father, neither do you for immigration purposes.

The Service evidences this by the fact that your step father has been asked multiple times to provide specific documents, and failed to do so. Reading that letter, I'd have to say that CIS has been very understanding of your situation and tried to help you, but step father and mother are not doing their part.

Then you add a dash of fraud, with step dad mis-stating (material misrepresentation) about the divorce filings, and potentially with the omission of mom's ban on entry (question on the I-485 not answered correctly?).
Your mother, by the way, wasn't entitled to --any-- sort of trial, fair or otherwise. The decisions of the CBP officers are like judge, jury and executioner. They don't make decisions lightly, and your mother was living in the US under some definition.

You also say your mother and step father have a child together? Was evidence of that every presented?

The appeal and the BIA are a chance for you to go to --court-- and have it out in front of an immigration judge, not saunter into your Local and blah blah.. this is definitely lawyer, seasoned lawyer, territory, not do-it-yourself.
Your lawyer takes vacation of more than 4 weeks at a stretch? That's unusual. Who does he have covering his cases while he is gone?

You also say two different things about your I-485, first that it was denied because you are already a PR?
https://forum.freeadvice.com/showthread.php?p=1635308#post1635308
Now in this post you say that the I-130 was approved in April 07?
You applied for an H-2 visa.. what ever happened to that?

It looks as if you have been trying to figure all of this out on your own, but filing form after form isn't going to help--it's really confused things, in fact.
The way you are reading things is incorrect; you need someone to help you get to the bottom of things, and translate these terms for you. Ex: the letter says to direct your questions to the Local Office, yet you somehow interpret that as direction to file your appeal there, when you are directed to send it to Virginia.

To ice the cake, go lock down your photobucket. Although I prefer your hair longer, you probably don't want to open the album up to everyone.

Have you considered an immigrant's assistance group of some kind, like Catholic Charities? Do you guys even know when your mom's ban runs out? Is your step dad going to file I-130 for your mother or not? ARE they still married to each other, in any way other than on paper?

sigh, it's really just tons more questions to ask, sorry. The only advice I can give you is to get a lawyer. This is WAY beyond the scope of DIY or message boards.. and you've got to get your parents' cooperation. There may be more here than even you know about.

What is the name of your state (only U.S. law): Michigan

So im begining to think i should be giving up on this case, i mean everytime i present something they automaticly find something else just to hold against me. My i-130 was approved back in April of 2007, however my I-485 was not due to my status not being cleared when i moved back to canada from my mom's previous divorce. My mom met someone else in 2000, got married in 2003 and their still married. My step-father and my mom filed for a divorce in 2004, it never went through cause they were mad at eachother at the time and felt it was stupid to get a divorce because of it. My mom filed the I-130 in 2003 but then canceled it when crossing the border for her family one day and decided to live in Canada cause of family reasons, she would cross the border almost every weekend to see my step-father (he would do the same) and they also had a child together too for visiting rights. in 2005, my mom was banned from the U.S. cause they found OLD u.s. mail in her car and suspected her living here illegally and she never got a fair trial. my stepfather has been saving his money so he can get a lawyer to reducer her ban and to file the i-130 however with Michigan's eccomony so bad, its hard to find work and yet save up money, so at this point were saving and yet prolly wait til her ban is done.

My lawyer is on vacation, i have 30 days to appeal this and yet my lawyer wont be back in town by the time my 30 days are up. i have to do this by myself then and prove the i-130 should be approved or w/e I really dont know what to give so I have provided the letter i received today and some of the things are FALSE!

1.) I have never said we filed the I-130, we said were in the process of doing it when my step-father can afford it.

2.) They NEVER filed a divorce twice, only in 2004.

3.) At the first interview, we DID say my mom was banned from the U.S. but apparently we never said that.

4.) My step-father did say THEY NEVER FILED A DIVORCE, so yes that is true it can be listed as a lie however he never thought about the 2004 case and also didn't think it would come up on record because he withdrew it about 15 days after he filed.

So I need some advice, What kinda of surport evidence should i provide. They wanna send this appeal to the "The Board of immigration appeals in falls church, Virginia." however I think they want me to send the appeal to my district office because it says "Do Not send your appeal directly to the board please direct any questions you may have to the uscis officer nearest your residence". They also provided on the back form EOIR-29 which asked me "Do you desire oral arguement before the board of immigration appeals?" does that mean i can go to my nearest local direct office and argue my case?? cause id do that in a heartbeat.

Id appreate it if someone out there can help me and give me a response, i have scanned the letter i received so u can get a better picture of the case and more understanding.

Thank you.

Note:Mrs and Colleen is my mother. This letter was sent to my step-father the sponser

Page 1
http://img.photobucket.com/albums/v52/wingnutfan2k3/Page19edited.jpg

Page 2
http://img.photobucket.com/albums/v52/wingnutfan2k3/Page2edit.jpg

Page 3
http://img.photobucket.com/albums/v52/wingnutfan2k3/Page3edit.jpg

Appeal form
http://img.photobucket.com/albums/v52/wingnutfan2k3/appealform.jpg

 

[Brenglen]

Wow.
I just took the time to look at all 3 pages of the letter, and then to review your old posts. You have a very complex situation & if this is all your lawyer has done for you, well, get a new lawyer.

Back to the very beginning, you said that your father (birth father) is a US citizen. Did you ever exhaust the possibility that you are a US citizen yourself? I would have thought this would've come out in your previous PR application (you said you had a green card once) but perhaps you & mother were economical with the facts back then too?

This I-130 was denied because the officer suspects that your mother and step-father do not currently have a viable marriage, and that in fact it may have been a sham from day one. If your mother does not have a valid relationship with your step father, neither do you for immigration purposes.

The Service evidences this by the fact that your step father has been asked multiple times to provide specific documents, and failed to do so. Reading that letter, I'd have to say that CIS has been very understanding of your situation and tried to help you, but step father and mother are not doing their part.

Then you add a dash of fraud, with step dad mis-stating (material misrepresentation) about the divorce filings, and potentially with the omission of mom's ban on entry (question on the I-485 not answered correctly?).
Your mother, by the way, wasn't entitled to --any-- sort of trial, fair or otherwise. The decisions of the CBP officers are like judge, jury and executioner. They don't make decisions lightly, and your mother was living in the US under some definition.

You also say your mother and step father have a child together? Was evidence of that every presented?

The appeal and the BIA are a chance for you to go to --court-- and have it out in front of an immigration judge, not saunter into your Local and blah blah.. this is definitely lawyer, seasoned lawyer, territory, not do-it-yourself.
Your lawyer takes vacation of more than 4 weeks at a stretch? That's unusual. Who does he have covering his cases while he is gone?

You also say two different things about your I-485, first that it was denied because you are already a PR?
https://forum.freeadvice.com/showthread.php?p=1635308#post1635308
Now in this post you say that the I-130 was approved in April 07?
You applied for an H-2 visa.. what ever happened to that?

It looks as if you have been trying to figure all of this out on your own, but filing form after form isn't going to help--it's really confused things, in fact.
The way you are reading things is incorrect; you need someone to help you get to the bottom of things, and translate these terms for you. Ex: the letter says to direct your questions to the Local Office, yet you somehow interpret that as direction to file your appeal there, when you are directed to send it to Virginia.

To ice the cake, go lock down your photobucket. Although I prefer your hair longer, you probably don't want to open the album up to everyone.

Have you considered an immigrant's assistance group of some kind, like Catholic Charities? Do you guys even know when your mom's ban runs out? Is your step dad going to file I-130 for your mother or not? ARE they still married to each other, in any way other than on paper?

sigh, it's really just tons more questions to ask, sorry. The only advice I can give you is to get a lawyer. This is WAY beyond the scope of DIY or message boards.. and you've got to get your parents' cooperation. There may be more here than even you know about.

First of all I want to say thank you for your response and questions are fine with me .

My father is american but I was born in Windsor, my father left me before I was born. My past PR (Green Card) my mom was married to an american back in 1996 but divorced in 1999/2000, we moved back to Canada in 2002. We turned in our Green Cards at the U.S. Border and only had my mother sign some form to abanned her card, the officer failed to give me a form.

My mom lives in Canada, my step father lives in the states because my mom is banned from the U.S. for 5 years (2010 ends). he still continues to go over to Canada every weekend to give Groceries and to see his son as well.

My step father has been doing his part, when they ask for things he brings it but then all of a sudden ask for something else that he didn't know he had to bring, for example...they NEVER asked for Divorce records. Also answer what "correctly" on the I-485?? do remember the I-485 was directly towards me and I answered everything truthfully, besides im not banned.

Yes evidence was presented that my mother and step-father has a child, infact he presented it at the first interview and many other times.

So wait im confused, the appeal is going to the DETROIT IMMIGRATION COURT? or the board in Virgina? (Oral argument)

The I-485 was denied because like I said before My mom and I had a Green Card in 1996 under my mom's ex husband. They got a divorce in 1999/2000 then we moved back to Canada in 2002 turning in our Green Cards that same day. Accordingly to USCIS my PR status is not "cleared" and I did NOT "properly" clear my immigration status, however I strongly argued that not only I was 14 at the time AND by law If a green card holder doesn't re-enter the U.S. under 180 days then I am labeled as "abanned green card status"...they responded that I could be going to school in Canada and still live in the U.S. (I showed school records and tax records).

Don't worry about the H-2 Visa, I was offered a sponsorship by a company but they closed down before I can do it.

No I don't know where im sending this at, heck it says "do not send this notice of appeal directly to the board of immigration appeals (board)", so where the hell do you send it at?? the detroit district office that sent that letter to me? I would think so, but I will call them and ask.

My Mother and step-father are still married of course, Yes he wants to file the I-130 for my mother but not until HE HAS THE MONEY SO HE CAN REDUCE HER BAN (sorry for the caps, just trying to get your attention on that, not in a mean way ) He will file the I-130 as soon as her ban is up prolly.

I don't know what else to prove...Yes I have contacted other catholic groups and pro bonos lawyers, they basically say they can't handle a "Complex" case like mine, also I can't hire a different lawyer cause I can't afford it after spending all the money with my current lawyer, filing fees, appealing fees...etc.

 

[evcalyptos]

First of all I want to say thank you for your response and questions are fine with me .

My father is american but I was born in Windsor, my father left me before I was born. My past PR (Green Card) my mom was married to an american back in 1996 but divorced in 1999/2000, we moved back to Canada in 2002. We turned in our Green Cards at the U.S. Border and only had my mother sign some form to abanned her card, the officer failed to give me a form.

My mom lives in Canada, my step father lives in the states because my mom is banned from the U.S. for 5 years (2010 ends). he still continues to go over to Canada every weekend to give Groceries and to see his son as well.

My step father has been doing his part, when they ask for things he brings it but then all of a sudden ask for something else that he didn't know he had to bring, for example...they NEVER asked for Divorce records. Also answer what "correctly" on the I-485?? do remember the I-485 was directly towards me and I answered everything truthfully, besides im not banned.

Yes evidence was presented that my mother and step-father has a child, infact he presented it at the first interview and many other times.

So wait im confused, the appeal is going to the DETROIT IMMIGRATION COURT? or the board in Virgina? (Oral argument)

The I-485 was denied because like I said before My mom and I had a Green Card in 1996 under my mom's ex husband. They got a divorce in 1999/2000 then we moved back to Canada in 2002 turning in our Green Cards that same day. Accordingly to USCIS my PR status is not "cleared" and I did NOT "properly" clear my immigration status, however I strongly argued that not only I was 14 at the time AND by law If a green card holder doesn't re-enter the U.S. under 180 days then I am labeled as "abanned green card status"...they responded that I could be going to school in Canada and still live in the U.S. (I showed school records and tax records).

Don't worry about the H-2 Visa, I was offered a sponsorship by a company but they closed down before I can do it.

No I don't know where im sending this at, heck it says "do not send this notice of appeal directly to the board of immigration appeals (board)", so where the hell do you send it at?? the detroit district office that sent that letter to me? I would think so, but I will call them and ask.

My Mother and step-father are still married of course, Yes he wants to file the I-130 for my mother but not until HE HAS THE MONEY SO HE CAN REDUCE HER BAN (sorry for the caps, just trying to get your attention on that, not in a mean way ) He will file the I-130 as soon as her ban is up prolly.

I don't know what else to prove...Yes I have contacted other catholic groups and pro bonos lawyers, they basically say they can't handle a "Complex" case like mine, also I can't hire a different lawyer cause I can't afford it after spending all the money with my current lawyer, filing fees, appealing fees...etc.

Well, your case IS incredibly complex.
About the I-130 for your mother. Did your step father ever consider filing it NOW so that the processing can be in place and ready when your mom is? Have you looked into waivers, and how your mom could overcome the ban?
Right, about you.
Is your birth father listed on your birth certificate? Did he legitimate you before you turned 18? Have you exhausted every avenue toward your own US citizenship?

I also think you are overly fixated on the 180 days.. that is nothing like the guideline I've read (of one year). But it would seem pretty clear that you are not a PR now, and that CIS has doubts about your mother's current marriage (the basis for your application) and that they day they asked for something specific from your step father that he did not produce.

I'm sorry that I have nothing to offer you; I do wish you the best of luck.

 

[Brenglen]

Well, your case IS incredibly complex.
About the I-130 for your mother. Did your step father ever consider filing it NOW so that the processing can be in place and ready when your mom is? Have you looked into waivers, and how your mom could overcome the ban?
Right, about you.
Is your birth father listed on your birth certificate? Did he legitimate you before you turned 18? Have you exhausted every avenue toward your own US citizenship?

I also think you are overly fixated on the 180 days.. that is nothing like the guideline I've read (of one year). But it would seem pretty clear that you are not a PR now, and that CIS has doubts about your mother's current marriage (the basis for your application) and that they day they asked for something specific from your step father that he did not produce.

I'm sorry that I have nothing to offer you; I do wish you the best of luck.

Once again I appreate the response.

My step-father CANNOT file the I-130 because he cannot afford the I-130 fees, infact we have went into doing a Waiver but it also costs money. See im from Michigan and well Michigan is overcoming a horrible eccomony, i mean businesses are closing, people are moving n money is hard to find. Thats why no action has been done for the I-130.

My birth father is not on the bc, he wasnt there at the birth and left me before my birth. I was born in Canada, thats why i havent thought about u.s. citizenship, in fact i dont think im eligable for it. They weren't even married.


I have phone records, tax returns and divorce letter...I dunno what else to provide??