Well this REALLY sucks

[woainilin]

Today is me and Lin's Info pass meeting at the Federal Building in NY. Not sure whats going to happen because there is some strange gas smell in NY and NJ and they are closing stuff down. Called another office in the Federal Building and they said so far they are not shutting down but I am guessing it is going to be HUGE pain in the butt trying to get into NY today.

 

Just a pre-thought. Just incase we cannot get into the Federal building today, I scheduled another info pass but it isn't until 1/27/07. Our denial letter was sent on 12/12/06. I am thinking if I can't get into today that I better file the appeal just incase I can't resolve this at the info pass. I don't want to miss my appeal period.

 

Any thoughts?

[rlheim]

Today is me and Lin's Info pass meeting at the Federal Building in NY. Not sure whats going to happen because there is some strange gas smell in NY and NJ and they are closing stuff down. Called another office in the Federal Building and they said so far they are not shutting down but I am guessing it is going to be HUGE pain in the butt trying to get into NY today.

 

Just a pre-thought. Just incase we cannot get into the Federal building today, I scheduled another info pass but it isn't until 1/27/07. Our denial letter was sent on 12/12/06. I am thinking if I can't get into today that I better file the appeal just incase I can't resolve this at the info pass. I don't want to miss my appeal period.

 

Any thoughts?

 

 

 

That's funny ,Austin Texas is having some kind of air problem that has killed a lot of birds, made several people and police sick too.

[pkfops]

Update?????????

[woainilin]

Update?????????

 

The update totally sucks. Today was useless. The IO said that our file was not yet in New York so there is nothing they could resolve for me. She said the file was requested on 12/20 and takes up to 90 days to arrive. Even worse the lady wasn't listening and even thought our case had been denied for over a year. I had to keep telling her to look at it and the papers we had. I considered asking to speak to a supervisor but we got interupted twice during our time because she WAS the supervisor She said we shouldn't have moved and that it would be faster to reapply then appeal.

 

Now on my side unfortunately the copies of the I-485 are locked in storage and I can't access them until I move on 1/19/07. Even when I access them I will have to resend for the IRS papers because I don't have my last 2 W-2's I don't remember if I copied them. I guess I got a bit careless after Lin arrived and I was trying to arrange our move.

 

She said if I choose to appeal I should send the appeal to the address on the letter, CA and NY offices and that only CA can reopen. She also said that I could skip the payment and mention that the denial was an administrative mistake but I am afraid that that would just cause a denial of the appeal. The other option is to reapply for the I-485 starting all over again with the medical (which we paid 300 for in the US plus the fees we paid in GZ and repaying the application fee 385. It doesn't seem fair that I should have to put out 1000.00 to pay for their administrative mistake. To make matters worse I have to file another change of address.

 

I have until 1/12 to get my appeal in the mail so I plan to sleep on it and consider the options.

 

If anyone has any advice or thoughts I would be glad to hear them. I don't care if Lin can't work because that isn't part of our plan for this year anyway, but I don't want him restricted from returning to China incase he needs to return for anything this year.

 

Toni

[Rakkasan]

I would go ahead and file the appeal and pay the 385.00 or whatever the price is even if it's $1,000. Look at it as a business deal and amortize the cost of the term of your relationship for the next 30 years. $2.77 per month. Of course after you get everything settled you may want to consider filing a law suit against the California office in a New York court for damages. If they fail to show up in the New York Court you could win by default. After all the cost of the appeal plus lost time and productivity at work added to the stress caused by their negligence is worth something, besides if you are able to demand a jury trial in New York, I would think you could stack the jury with immigrants. As Donald Trump said when asked if he was going to sue Rosie O'donnall he said "You know that might be fun to do, I think I just might do that"

 

Good luck in whatever direction you choose.

Edited January 9, 2007 by Rakkasan (see edit history)

[LeeFisher3]

I worry that if you take the advice of the IO and file a new application after receiving a denial, even though it was administrative and their fault, you could easily run into some road blocks strictly because a denial letter was sent and they told Lin to leave or file an appeal.

Remember, the IO is not responsible for any advice they give, especially if it's wrong.

 

Your original denial letter only presented the option of an appeal, I would either move in that direction or get a good immigration attorney to advise you.

 

When the file arrives in NY it may be possible that someone could do something, but you can't count on it.

 

The appeal date is here, so drop it in an overnight envelope and get your signature receipt.

Edited January 9, 2007 by LeeFisher3 (see edit history)

[woainilin]

I worry that if you take the advice of the IO and file a new application after receiving a denial, even though it was administrative and their fault, you could easily run into some road blocks strictly because a denial letter was sent and they told Lin to leave or file an appeal.

Remember, the IO is not responsible for any advice they give, especially if it's wrong.

 

Your original denial letter only presented the option of an appeal, I would either move in that direction or get a good immigration attorney to advise you.

 

When the file arrives in NY it may be possible that someone could do something, but you can't count on it.

 

The appeal date is here, so drop it in an overnight envelope and get your signature receipt.

 

 

Thanks guys. I think I will work on the appeal tonight.

[sleepless in Houston&CQ]

I worry that if you take the advice of the IO and file a new application after receiving a denial, even though it was administrative and their fault, you could easily run into some road blocks strictly because a denial letter was sent and they told Lin to leave or file an appeal.

Remember, the IO is not responsible for any advice they give, especially if it's wrong.

 

Your original denial letter only presented the option of an appeal, I would either move in that direction or get a good immigration attorney to advise you.

 

When the file arrives in NY it may be possible that someone could do something, but you can't count on it.

 

The appeal date is here, so drop it in an overnight envelope and get your signature receipt.

 

 

Thanks guys. I think I will work on the appeal tonight.

 

Damn Toni sounds like our Uncle Sam just s*****, glued and tattooed all at the same

time. Maybe you should request a kiss?

Sometimes I can't believe the BS our Uncle Sam and his workers make us go thur.

Seems to me the left hand never knows what the right hand is doing. When it comes to

our favorite Uncle !!

 

Wish you the best of luck.

 

Bobby.... "in early days of trainin"

[MRMC]

I would obtain an immediate appointment with an Immigration attorney and let them handle the matter, rather than you file the appeal if you have the funds for an attorney. What seems mundane with immigration matters can turn into a real headache.

[woainilin]

I would obtain an immediate appointment with an Immigration attorney and let them handle the matter, rather than you file the appeal if you have the funds for an attorney. What seems mundane with immigration matters can turn into a real headache.

 

I have to file by tomorrow morning to be within the 30 day period of the denial. No time look for an immigration attorney. Even more difficult one that I can trust. I know this is not nice but I don't trust them with something that is so important to me. I know many administrative judges and lawyers that are careless and slow and don't want to take any chances with an unknown attorney, I have more confidence in myself. If the appeal is denied then I might change my mind

[Robert S.]

Well, good luck, somehow.

 

"You shouldn't have moved" oh thanks a lot. Like everybody is supposed to tailor their life to accommodate the bloated, elephantine federal bureaucracy.

[woainilin]

Well, good luck, somehow.

 

"You shouldn't have moved" oh thanks a lot. Like everybody is supposed to tailor their life to accommodate the bloated, elephantine federal bureaucracy.

 

When she said that I replied that it didn't state in the I485 instructions that I couldn't move.

Edited January 10, 2007 by woainilin (see edit history)

[sleepless in Houston&CQ]

Well, good luck, somehow.

 

"You shouldn't have moved" oh thanks a lot. Like everybody is supposed to tailor their life to accommodate the bloated, elephantine federal bureaucracy.

 

When she said that I replied that it didn't state in the I485 instructions that I couldn't move.

 

 

Toni

please keep us updated on this "BS" that Uncle Sam is making you go thur

 

good luck and best wishes

 

Bobby/Emma.... "im not trainable"

[Rakkasan]

Well, good luck, somehow.

 

"You shouldn't have moved" oh thanks a lot. Like everybody is supposed to tailor their life to accommodate the bloated, elephantine federal bureaucracy.

 

When she said that I replied that it didn't state in the I485 instructions that I couldn't move.

Toni, I have to give you credit for maintaining your composure through all of this with Immigration. I hope that if I encounter any similar problems I can remember your tact. I have a tendancy to rip peoples asses when they say something as stupid as "You shouldn't have moved", I guess it's like cutting my own throat just to watch them drown in my blood.

 

Keep plugging alone sooner or later you will encounter that one gevernment employee who didn't graduate at the bottom of their high school class.

Best of luck to you and Lin

Edited January 10, 2007 by Rakkasan (see edit history)

[pkfops]

This has really turned into a "Hard Luck" case.

 

In the real world a manager can phone or email

another manager in an office on the other side

of the world to resolve an issue.

 

Posting your story will help others to not take

things for granted.

 

Good Luck and keep us posted.