motion to dismiss/appeal

[spaho]

Hey guys,

Please read my other forum my husbands and my immigration problems for the full story.

My husband is here in the US and that is where we filed the I-601 and our appeal.

I was just wondering, we filed a motion to reconsider and an appeal if that motion were denied.

We filed that almost 18 months ago and have not heard anything.

My husband went on an Info pass appt to Milwaukee and they told him they sent our appeal to the BOA. I called the BOA and they do not have our appeal. I also called the AAO and they do not have our appeal.

Then our lawyer finally got in touch with someone at Milwaukee and she thinks that our appeal is with one of her officers. (thinks) We filed almost 18 months ago why would they still be hanging onto our appeal.

My husband went and got advice from another attorney in Milwaukee and he thought that there might be a possibility that the reason that Milwaukee may still have our appeal is because they may be thinking about doing the motion to reconsider. Is that possible. Also we never got a denial for the motion to reconsider so does that mean they still have it. ITS BEEN ALMOST 18 MONTHS AND WE JUST HAVEN'T HEARD ANYTHING SO I'M JUST REALLY WORRIED THAT OUR APPEAL WAS LOST OR IS JUST SITTING ON SOME DESK SOMEWHERE. PLEASE HELP

Kara

[coronaf]

have u called the AAO office??

[spaho]

Yes, We called the AAO and the Board of Immigation Appeals office. Neither of them had it. Good news since I posted this.
Our appeal was never sent off from Milwaukee. They held onto it because we did a motion to reconsider or an appeal if that motion were not granted. Well after 18 months we received 3 certified letters from Milwaukee saying the motion was granted. The I-601 has been approved, but they can not make a decison on our I-485. They feel they do not have jurisdiction. So we now have an approved I-130, and approved I-601 and no one to give my husbnd his residency. Milwaukee thinks they don't have jurisdiction, and the IJ told us he does not have jurisdiction. Our lawyer filed a motion to re-open the decison with Milwaukee proving they have jurisdiction and that they have to make a decision. And that decison should be an approved I-485 because we now have an approved I-601! Hopefully something good happens soon. We now have everything right in front of us. I told my husband it is like putting a plate of hot steamy food in front of someone who is starving. Letting them smell it but not letting them eat it! UGG....

We hope Milwaukee realizes they have to make a decision because there the only ones who can.... Someone just needs to start reading the laws!

Kara


By the way.... still no EAD for my husband... He is still out of work!

[christytorres]

Ok, this is what happen to me, I 601 Wavier denied, Nov. 06, did not know abut the MTR, ok, so we file the appeal:rolleyes: never should have done that. Well I keep calling and calling, the 202 number, nope we don't have it. so who in the heck has it. ok..

Call back to the 202 number in Aug 07, Oh and I filed the appeal Nov. 28 2006 ok, the lady tells me they just received it Aug 3, 2007. so where in the heck has it been, in Mexico City, all this time. And my 18 months of waiting starts Aug 3, 2007, and will be over by Feb 2009, What a long wait. right. :blush:

But who knows, people say it really takes 30-90 days in the appeal process, but who knows, everyone has a different story. I will keep calling them on a weekly basis and see what's up.

[blueblue]

Christy,
I've not seen any appeal at AAO take 1-3 months, they are currently publishing a 20 month timeline for 601 appeals. Ours took 18 months, and that was after filing an expedite which was accepted and they said they would answer in 30 days, but took another 8 months to the decision.

Since you have the pilot program option in Mexico, it is probably better to ask for a new interview to file a new 601 waiver rather than wait on an appeal.

[christytorres]

Yes I did request for a new interview, and finally was granted one. See I know they take longer, but you know people say things, but I don't really listen. So you were denied or approved on your appeal, and it took how long? The entire 18 months. WOW. that's a long wait. See when I re-submitted my appeal, I wrote a 4 page letter along with letters from my family memebers, like my parents, son, an old boss, and aunt and uncle. and my older brother too. With all the proper documents. I sure hope it works, but still I have a
2nd chance, I will expect to received the packet 4-6 months. :wink:

[Nepthys]

Okay chritytorres I asked you a few question in the I601 forum. My husband was denied September 7th, 2007. We had waited just over a year for the denial. We filed the motion to reconsider 9/24/2007 but I did not send the money order (FEE). My attorney said we did not have to but just today when I called USCIS they said I would be denied without the FEE. They said it had to be with the Motion to reconsider packet. I would like to request a new interview but I am worried if that will mess up the MTR. Well I guess the MTR is doomed anyway but my Senator's office said also said to let the MTR run it course. I am not going to start with the emails to Juarez asking for the new interview until next week after I see my attorney and his conection that he wants me to have lunch with and while she reviews all the work he has done on my case. I am interested in seeing what this other person says about what we have sent in. I also am working a a new packet that my attorney says we will just send down as additional information. This new packet has alot more evidence. I dont know what will work but I miss my husband. The boys really need daddy home.

Thanks for listening. It was a good idea to make a separet forurm for denials.

[christytorres]

See when I got my denial back in Nov. 2006, then 2nd to be exact, along with the denial letter, I got the information about the appeal, and the cost, which was 385.00, I had to submit any extra documents and a money order from the Post Office, I had overnight the package to the PO box that was on the paper, in El Paso. Then they send it out.

See I did go and see a lawyer, but I do not have on. We never got one, I did all the paper work myself. A non profit agency in Ohio helped us, be did not tell us about the Wavier nor the Hardship letter. So that's where things went wrong. I did not have a good enough hardship letter. My husband had done nothing in the US. no DUI's nothing never be in trouble. So I am not sure why they denied it. Well yes I did not show enough hardship. So a re-submitted a 4 page letter along with other documents.

I kept calling and finally found out my file was in Washington, it was in Mexico City from Nov. 06 I guess to Aug 2007. I did not file a MTR, it was an appeal. Then I find out later you only file an appeal if there is a criminal issue, should have waited. See I had no help, my husband was already in Mx. no money to hire anyone. So this is what it got me. So now we wait for our second appt. There are some other people going for there 2nd appt. MMartinez, she belongs to the Juarez Forum, she requested one and got it. She goes next month for her 2nd Appt. I am trying anything. Hope this helps...