AHHHHH another I-130?????

[lopay]

I just got off the phone with Juarez. The guy told me I would have to file for another I-130? I don't get it. I can't file for another I-130, because my stepdaughter would lose her child protection status.

HELP???????

But he did say there was no point in filing for an I-212.

I thought that all I had to do was just keep the current I-130 open, right??? and to do that all I had to do was call and talk to them about my case?
:bang: :bang: :bang: :bang:

[aleful]

Lopay,
Can You Explain Your Case For Those That We Don't Know?

[JMRJ]

Oh, you poor thing lopay. This must be frustrating. I'm so sorry.

So, you make up your decision to just wait until the 5 year bar is served? Don't confuse the approved I-130 with the visa application. Approved I-130 remains valid as long as the relationship still exists. The person you talked to meant to file another visa application- the same paperwork she turned in during her interview. That visa application remains open for 1 year. If I remember, her visa interview was in June/July 07, right? So, her visa application is only open until June/July 08. Her 5 year ban will end on October 2008, right? Before she can pick up the visa, she will need to go through the visa application process again. Turn in DS-230 and all the corresponding documents at her interview and she should be given her visa through normal processing. No other complicationg I-212 or I-601 needed.

[lopay]

:) yea, that should be easy.

Ok, here is a brief timeline:
I married my wife in 2002, so if I say my wife and it refers to a time before 2002, I don't mean that we were married then.

1997- my wife recieves a notice to appear. She is told that if she goes to it, they will send her back to Mexico, and take her kids away

Dec 1997 - my wife returns to Mexico

March 1998 - my wife and her kids are ordered removed by absentia

Dec 1997 to 2002 - my wife uses her boarder crossing card to cross the boarder

May 2000 -my wife is hit by a truck and is hospitalized. I take the oldest stepdaughter to the bridge and ask them to let her in so that she can be with her mom.

May 6 2000 - oldest stepdaughter is paroled into the US so that she can be with her mom. She does not overstay, she does everything by the book, and she turned in her paper when she returned to mexico. The port does NOT execute her removal.

April 2002 - I retain a lawyer to help us out.

Oct 2003 - younger stepdaughter is paroled into the US for medical reasons. She does not overstay and is turns in her paper when she is done. As a letter from USCIS to my senator's office says: "the POE became aware of their prior order of removal." and "the port director elected to effect the removal of the girls, effective October 7, 2003. This then becomes the date of removal, regardless of previous departures...." (We had NO idea that the port director had done this. He didn't say anything to us at ALL.)

March 2005 - my wife is denied an immigrant visa. They say that she reentered without inspection in Aug 2003, and because she had a previous removal against her, she is banned and cannot apply for anything until after 2013. The reentry is a lie, and we have no idea where or how it came about.

Nov 2005 - my stepdaughters are denied an immigrant visa. They are told to bring back more documents (i.e. proof that they had never been married), and an I-212 waiver. We were not told that the waiver was for a removal in 2003, so at this point we still had no idea about the 2003 removal.

Nov 2005 to July 2007 - I paid my lawyer to do the I-212s and we obtain all of the documents that were requested.

July 7 2007 - Lawyer overnights me the I-212s. I am surprised because he told me that they had been filed. They are incomplete and the removal date is marked as 1998. I am told that I can file in the rest of the questions in CDJ.

July 13, 2007 - My stepdaughters are once again denied. This is when that we found out about the 2003 removals. We are told that they can not do anything with the I-212s that I took and told to come back with I-212s.

After that I contacted my senator's office and asked them to help us find out why there was a removal in 2003. USCIS responds with the letter that is quoted above.

Since then I have spent a lot of time trying to figure out what to do. USCIS told us "The girls may apply for and file the I-212 a the consulate in conjunction with their immigrant visa." This caused a lot of confusion because CDJ told us there was nothing they could do with the I-212 application there.

CDJ responded that we were supposed to mail in the I-212 application to San Antonio. USCIS responds with something like "wellllll, normally you are supposed to file it at the consulate, butttttt C should just go ahead and mail it into San Antonio. And oh yea, tell him that it will take about 18 months to process.

So here we are today. My senator's office sent an inquiry asking them why they didn't execute my oldest stepdaughter's removal in 2000 like they should have. If they come back and change the date, we will get an expedited appointment in CDJ due to service error.

If they don't then we have two options: 1 file the waiver and pay 545 dollars. I figured out that this is a bad idea being that by the time they even look at the waiver - she will not need one as her ban ends next Oct. 2 apply for another appointment and hope we get one after Oct 7th 2008. we just have to keep her I-130 open. If they consider it abandoned, then she will lose her child protection status act as she is now 21.

So that's why I called Juarez. I wanted to ask them what they thought I needed to do and what I needed to do to keep the I-130 open. I had been told on this website that if you called them and talked to them, they would keep it open.

The guy today acted like he knew a lot of information.

guy, hi what can I do for you
me- I want to keep my I-130 open. the lawyer I had before always had me refile the I-130 by sending it to a service center in texas. Do I need to refile the I-130?
guy- that's correct, you will need to refile the I-130.
me-and if I don't do this before July- the I-130 will be considered abandoned, right
guy- yes, that's correct
me-now the records show that I need an I-212, right.
guy, yes it does
me- but after next Oct I will not need one, right?
guy, that's correct.
me- so if I file for the I-212, and they take 18 months to process it, then by the time I get it, I will not need one, right
guy, that's correct.
me - so right now I need to refile my I-130 and then wait for an approval, then apply for another appointment, then go from there
guy, that is your best option.

But I've been reading on here and everyone has told me that I don't need to refile it, just that I need to talk to CDJ and ask them to keep it open.

Every time that I "re-filed" it before, I never sent any money, I always paid for it at the consulate, but I have always kept the same case number.

Help???????

[lopay]

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[lopay]

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[lopay]

"My suggestion: is to stay in touch with the NVC and your local consulate since the interview already took place to avoid a potential termination of your approved I-130 due to abandonment"

So what will be considered abandoned in July, the approved I-130 or the DS-230? If the I-130 is considered abandoned, does that mean that she will lose the child status protection?

How do I keep the one I need to keep open, open?

[lopay]

sorry for so many post....

we are not going to file the I-212. There is no point. There is no way they could look at it, us get an approval, and get an appointment before next Oct, so what is the point?

We are going to just wait and see what the POE says.

[lopay]

I know I keep posting and I'm sorry, I'm just trying to understand this.

"Section 2 of the CSPA addresses the rules for determining whether certain aliens are immediate relatives. This section was enacted to prevent a child from aging-out due to Service processing delays. Specifically, the Service will now use the date of the filing of a Form I-130, Petition for Alien Relative, to determine the age of a beneficiary adjusting as the child of a United States citizen (USC). For example, if a Form I-130 is filed for the child of a USC when the child is 20, that child will remain eligible for adjustment as an IR-2 or as an IR-7, even if the adjustment does not occur until after the child turns 21, provided the child remains unmarried."

So this means that the age is based on the I-130. So if I re-file the I-130, will that not cause her age to be set to what it is now? So I am pretty sure that I do not need to re-file the I-130. But I do need to make sure that it does not get considered abandoned. How do I do that? Shouldn’t the call I made today keep it open?

And what about getting another appointment? How do I do that?

[lopay]

I'm going to move this over to the I-130 area.