PLEASE help!! I290B Appeal

[waterfalls]

Hi, I'm new here, anyways, I have a few questions about the whole i290B appeals process, so if anyone knows anything, please help me out!! Thanks

So we were denied our AOS march 2006, filed an appeal. And its now October 2007 and still nothing!! I don't know what to do, I'm still in the U.S., because my lawyer told me our case is strong and once the appeal is approved, I will get my status back. But now waiting this long is making me so worried about the possibility of my appeal being denied, and I will be subjected to the 10 year ban!

My status on the appeal says : "This case is now pending at the office to which it was transferred." and the more detailed part says "The I290B NOTICE OF APPEAL TO THE COMMISSIONER was transferred and is now pending standard processing @ a USCIS office."

So here are my questions:

1) How long does the appeal process usually take??
2) Does "pending" mean they accepted my appeal already??
3) My son is 17 and turning 18 in Jan. and I don't want him to accrue unlawful status, so even if there is an appeal for him (since he is a beneficiary), is there a way i can get him a student visa??

I would ask my lawyer this, but every question I ask him is answered with "I'm sorry but there is nothing you can do but wait."

So if anyone knows any answers to any of my questions, please help me out! Thanks!!

[blueblue]

Why was your AOS denied? I've done an appeal, but not for AOS.

1) How long does the appeal process usually take??
If it is at a district office, it is hard to say how long they will take. Ours was at the AAO and it took 17 months and that was with a supposed expedite.


2) Does "pending" mean they accepted my appeal already??
I would say if it is in their system, they have accepted the appeal to review it.

3) My son is 17 and turning 18 in Jan. and I don't want him to accrue unlawful status, so even if there is an appeal for him (since he is a beneficiary), is there a way i can get him a student visa??
Hopefully someone with experience on this can say more, but to get the student visa he would have to leave the U.S. and there is no guarantee they will give it. What country are you from? That can make a difference. I am not sure what effect this would have on his AOS, I know if he left without Advance Parole that he would be considered to have abandoned the AOS. If it were me, I think I would focus on the appeal.

[Pinkpig]

Hi, I'm new here, anyways, I have a few questions about the whole i290B appeals process, so if anyone knows anything, please help me out!! Thanks

So we were denied our AOS march 2006, filed an appeal. And its now October 2007 and still nothing!! I don't know what to do, I'm still in the U.S., because my lawyer told me our case is strong and once the appeal is approved, I will get my status back. But now waiting this long is making me so worried about the possibility of my appeal being denied, and I will be subjected to the 10 year ban!

My status on the appeal says : "This case is now pending at the office to which it was transferred." and the more detailed part says "The I290B NOTICE OF APPEAL TO THE COMMISSIONER was transferred and is now pending standard processing @ a USCIS office."

So here are my questions:

1) How long does the appeal process usually take??
2) Does "pending" mean they accepted my appeal already??
3) My son is 17 and turning 18 in Jan. and I don't want him to accrue unlawful status, so even if there is an appeal for him (since he is a beneficiary), is there a way i can get him a student visa??

I would ask my lawyer this, but every question I ask him is answered with "I'm sorry but there is nothing you can do but wait."

So if anyone knows any answers to any of my questions, please help me out! Thanks!!

It sounds as though you are appealing an in-country waiver?

In country waivers are generally more difficult to get approved. In country waivers generally take longer to get approved. Appeals are generally very rarely approved unless you have proof that the law was not applied correctly (which rarely happens).

I know several folks on this site that have been waiting years to have in country waivers/appeals approved.

When consular filed waivers are denied it is almost always quicker to refile at the consulate and submit a new waiver. Many on this site have done that through Mexico and Vienna and Lima.

When their waiver was denied they asked the consulate for a new interview. A new interview was granted and they filed a new I-601 with much stronger evidence. I know of one person who went back 3 times and was finally approved.

If you want to post the exact facts of your case maybe we can give you more information.

But if you are filing an appeal to a denied in-country waiver, then yes, you remain in the country but my guess is you will be waiting a very long time. The appeal process takes at least 18 months.

Hope this helps a bit. Good Luck.:)

[waterfalls]

First off, I would like to say a big thank you to blue blue and pinkpig for the fast reply.. anyways, sorry if I was a little unclear on post, but here's a little bit more details.

I just asked my lawyer to fax me my infos, and I guess I had some things mixed up. So here are more details on my case:

Okay, so basically, my approved I-140 was revoked March 2006 (because sponsor business overseas isn't doing well) and an appeal was made to AAO.

Therefore, since my I-140 was revoked, my pending I-485 was denied as well.

My 17 yr. old son's was denied because I was denied.

So right now, I believe we are out of status...and accruing unlegal presence. I don't want my son to be subjected to the ban (he is turning 18 Jan.), if in fact my case is denied again, and that is why Im curious if I am able to get him a student visa?

I am feeling so helpless right now, my lawyer is telling me that all I can do is wait, but waiting just makes me more frustrated..sigh.. I don't know how long this is going to take, my son wants to drive, but I can't get him a work permit.. I just don't know what to do. Is the 18 month wait the earliest? Or what is the longest wait for an appeal?

PinkPig: I don't think mine is an in country waiver because my lawyer told me that I am out of status while processing my appeal.

BlueBlue: Yes, mine is an appeal to AAO as well. My first post has the update on my appeal. I really don't know where my appeal stands at this point. This whole appeal is too confusing for me. Anyways, was your appeal successful? What are my options right now that I am out of status waiting for a decision on my appeal?

Thank you to both of you in advance!!

[waterfalls]

can i apply for EAD while appealing my I-140?? my case status online as of now is what is stated on my very first post. thanks

[Pinkpig]

can i apply for EAD while appealing my I-140?? my case status online as of now is what is stated on my very first post. thanks


Hey Waterfalls,

I am way beyond my paygrade with your case. I am afraid I don't know anything about this. I am sorry I cannot help you. Hopefully someone will come along that does.

I suggest you go to Laurel Scott's chat on Wednesday at 9 am Pacific time, 12 noon Eastern time. You can ask your questions there. visacentral.net

[afriend]

I believe you cannot apply for EAD, since the EAD is attached to your pending i-485, since it is denied.

[waterfalls]

thank you pinkpig and afriend for your replies.

anyone else going through this? or have went through this process???