waiting for a denied petition for 5 years, help pls

[rissi]

Can anyone pls help me. I filed 1-130 and I-485 last 2003 and there was a fraud. I recieved a letter stating that my case was denied, then my lawyer sent a waiver and a motion to reconsider stating that my husband will experience extreme hardship if they will not give me a visa. My lawyer wasnt really doing his job so I decided to withdraw my case and get all the documents he filed for me. But when I checked it I didnt found any I-290B that he filed for me but everytime I checked the status of my case it says there that my I290C is under review. Is it really possible to have an i290C iven if I dont have an I290B. I am thinking that maybe my lawyer didnt really prove that my husband will really suffer extreme hardship if i am not given a visa especially now that he had a heart attack and we have a 2 year old son and lots of bills to pay. Can I write to them to reconsider my case. Its been a long wait and I am so hopeless now, pls help.

[gaby]

Rissi, I pm you to give you more info about how to request a new appointment, but my case is different from yours, so your waiver is incountry waiver and I was denied in CDJ.
Give more details about your case and move your question to the 1 601 waiver so that way more people can see your question and give opinion. ok

[rissi]

Thanks for the reply gabi, I realy appreciate it. Ok, regarding the I-601, my lawyer filed it already and then it was denied. Then I asked another lawyer and he told me that I need to file an I290b (notice of appeal or motion). I really have no idea if my other lawyer filed that I290b already or not but the weird thing is the status of my case states that I290c (certified appeal or motion to reopen or reconsider) is under review. So maybe may lawyer filed i290c instead of i290b. I am all done with the i601 since it has been denied already thats why i was advised to file 1290b. I was just wondering if i can still get a new appointment. It is ok if I have to start over again. I just want my long agony to be over.

Also, how is it different to get a new appointment if i am in country versus out of the country?

Pls help

[gaby]

Well since I apply in CDJ for my immigrant visa in 2006, then it was denial in sept 2007, I file 601 waiver for my illegal presence in USA, I did not file an appeal or MTR because I know it takes forever. I request a new interview and I will have a new appointment again in 4 or 6 months. Since there is a pilot program in CDJ I hope I can get a good waiver and be approved the same day.
I did not start the process over again, because the I 130 still valid, I only request a new apppointment.

[rissi]

Hi, i was just wondering if it still possible to get a new appointment even if I already file for an MTR? If if is possible, how will I be able to do that? I think a read one post about that stating that I have to drop the appeal or something like that. Also, I was just wondering what is CDJ, I am sorry coz I am new to this.

Thanks

[gaby]

Ok CDJ is Ciudad Juarez, since I am from Mexico i had my consular appointment in Mexico back in 2006. Yes to have a new appointment you have to drop your appeal.
I read the information on the Laurel Free Chat.
Where did you file the waiver.
What country are you from.

[kitkat1]

In country waiver procedures are totally different from those at overseas consulates. Rissi your first step should be a phone consult with a qualified, experienced attorney who can guide you according to the details of your situation.

[rissi]

if waiver application are different depending on who you are, new appointment might not work for me. That is so sad. I tried calling a lawyer and told me about filing those i290b and he is charging a whopping 20k+. Does anyone knows a really good lawyer who will be able to help me with this case and is not so expensive.

Pls helllllllpppppppp.

[kitkat1]

Waiver adjudication is handled differently at each DHS office. It's not about WHO you are - it's about WHERE you are. The fact that Ciudad Juarez allows new appointments does not mean that the US office where you filed also allows new appointments.

You indicated there was fraud in your orighinal AOS application. What does that mean? USCIS suspected fraud? In what respect?

A consult with a qualified attorney to set you on the right path should not cost more than about $125 for a half an hour. Go to the American Immigration Lawyer's Association website for referrals.

[rissi]

I filed my waiver in Chicago and I am from the Philippines.

[blueblue]

Did your lawyer who filed the MTR not provide you a copy of what was filed with that motion? If not, contact his office and ask/demand that they provide that to you. This is the fastest way to find out what was filed on your case. You can also file an FOIA with USCIS, but that is taking a long time. I have never heard of an I-290C and it is not listed on the uscis.gov website. Perhaps it is a typo on the status page, and your attorney did in fact file an I-290B?

How CDJ operates is completely separate and different than in-country (and most other consulates for that matter). Doing an in-country waiver the MTR is probably the best option at this point, but contact an attorney to review your case. And to review what your last attorney filed with the motion.

The MTR should have included whatever new information on your hardships beyond what was filed with the I-601 to bolster the hardship claims in the case as well as any misapplication in the law or facts that might have occured in the denial of the I-601. If you have additional new hardships, you should document those as well and can try to add that to your MTR.

Here is a list of recommended attorneys from people on this forum that you might want to check out: http://www.immigrate2us.net/forum/showthread.php?t=889

[rissi]

the fraud that was committed here was that assumption of different identity, that means using a different name. And since 9/11, they are so strict about that matter. I really dont know what else to do.

[rissi]

Check the uscis.gov website and this is what they said about 1290c

"General . Upon the referral by a Notice of Certification (Form I-290C) of a decision to deny the application, in accordance with paragraph (r)(3) of this section, the immigration judge shall conduct a hearing, under the authority contained in § 3.10 of this chapter, to determine whether the alien is eligible for adjustment of status under section 902 of HRIFA. Such hearing shall be conducted under the same rules of procedure as proceedings conducted under part 240 of this chapter, except the scope of review shall b e limited to a determination of the alien's eligibility for adjustment of status under section 902 of HRIFA. During such proceedings, all parties are prohibited from raising or considering any unrelated issues, including, but not limited to, issues of admissibility, deportability, removability, and eligibility for any remedy other than adjustment of status under section 902 of HRIFA. Should the alien fail to appear for such hearing, the immigration judge shall deny the application for adjustment under section 902 of HRIFA

[rissi]

I have new information to prove the extreme hardship since my husband got a very bad medical condition. Since it looks like i already have an MTR how will i be able to inform them of that?

The only problem that my lawyer states on the previous MTR that he filed is extreme financial hardship which i guess only falls to the level 4 category.

Any suggestions on how to submit a new MTR with new argument regarding the extreme hardship?

I know it is better if I consult a lawyer but I already did it thrice and they all didnt help me that much. Maybe immigrate2us is my angel.
Thank you.