I-140 approved, I-485 denied...Happy ending!

[Singer]

Hello All,

This is a follow up to the thread I started in October: "I-140 approved, I-485 denied...Please Help!!!"
I have to start with this: the Nebraska Service Center's director is known to be a "MEAN" one. In 2006 I sent my 8 pounder first I-140 RFE response on time. Someone in Nebraska lost/misplaced my file. It is only in 2008 that we found out the case was denied since 2006! That is when I had a FedEx receipt faxed to them as a proof. Once they caught their mistake, the liaison was embarrassed...The NSC director refused to reopen my case, all I had left was to to file an appeal to AAO.

In 2009, as you know, the decision to deny my husband's and mine I-485 could not be appealed. I have also never stated the uscis denial reason, as I did not have it when I posted my question. They have stated that we had traveled abroad without Advance Parole, so they were considering that we have abandoned our GC petition. We came back to the country with my O-1 visa and my husband O-3.

The first problem raised by a friend of mine lawyer (I did not have a lawyer retained anymore) was that uscis violated my constitutional rights. They SHOULD have sent me an official letter back in August stating that they were reopening or intended to reopen my 485 case! Nothing was sent. Beside my I-140 and my RFE on the I485 I did not receive anything else. So even if legally they were "right" to deny my 485, uscis has commited SO many mistakes on my case that I have been told they could let it slide on this one.

From that moment on I have decided that I will fight them till the end and that I would not pay them one more cent! Because at the end of the day, it is all about money and more money in their "crooks" pocket. I contacted my Congresswoman, my Senator, and a Congressman from another state than mine. I gathered all the proofs and all documentations for the last 3 years and posted them on a server, so everyone involved could review them. Those three elected officials called them and spoke to uscis congressional liaison.That is when uscis said that they had reopened my 485 back in May 2009 (No mail was sent to me). And I was on tour in Europe and Japan on my O1 visa! Fort this reason they will approve my 485 because I had no way to know it was reopened. They also said that my husband would have to file again!
This went on for two weeks. The Senator's office argued that this was unreasonable she spoke to them for one hour.

Friday November 13th 2009 we received our green cards!

I want to say this to people out there going through "immigration hell" Please do NOT give up!

[Leo07]

Good Luck!

[Roger Binny]

Excellent ending and courageous journey.

[Singer]

Hi Roger,

Thank you for your words.
I actually want my saga to be told. I met this journalist who writes for NYT and other papers. I really feel like if these terrible stories are told, this SHOULD help. It will halp thousands of other victims who did not always have the courage or the information to continue fighting and move forward.

Best!

Singer

[a1b2c3]

Friday the 13th was good for you. In most cases, however, the issue is lack of visa numbers and not of case papers getting lost. And the lack of visa numbers is because there is genuine unemployment in the country and the anti-immigration voice is very loud. Just to be realistic, its impossible to fight this out unless you can create jobs somehow. Sometimes lying low and waiting it out is the need of the hour. Creating a storm of controversies is not always the best option.

[Singer]

Hi a1b2c3
Friday the 13th was good for me yes.

You are right: "Just to be realistic, its impossible to fight this out unless you can create jobs somehow". I had created work through my gigs for Americans and no foreigners as well. "Sometimes lying low and waiting it out is the need of the hour". Creating a storm of controversies DID work for me. To be real, that is all I had left to do.


EB1-EA approved Nov 13th 2009 cards received

[thomachan72]

Hi it is wonderful to have an artist as one our members. Happy to note that your problem was solved. You proved the fact that you are not only a talented person but also a great fighter for your rights. Would you mind PM me your area of interest/speciality? Best of luck friend.

[saileshdude]

Hi Singer,

Just had questions regarding your case. Can I PM you to ask those questions?

Thanks.

[chanduv23]

Singer - ur case is very peculiar and interesting. Why does the agency have to give you such a hard time?

Would u mind if we can know which country u r from and why do u realy want to get a US GC?

It looks like the agency did not want to give u a GC easily, instead they did everything possible to delay/deny which we always see on these sites - some people get into a web of issues and with a lot of spending time and money and lot of stress they manage to finally get a GC.

On another note, we have never come across a singer or a mucisian like u who can come through EB1 - do you have a website or any youtube and share some of your concerts?

The reason I am asking this is, there are so many artists in the world who want to make a career in the "country of opportunities" and am sure would look at you as a role model

[Singer]

Hi Margaret,

I am a Cameroonian National. My husband is a Polish citizen and was denied his GC in 2005. Why do I want to live here? I had tremendous musical opportunities here as I sang with (I can give their names now) Paul Simon, David Byrne and many more. I have my band here as well.
As I said earlier in another post I want my story to be told, for people to know that it is very easy (under the uscis heavy machinerie) to become an illegal immigrant in this country. So of course I will share my story and all that I have learned in the process. In the meantime, I am sending to you in PM a link to one of my videos
Best,

Singer

[a1b2c3]

Originally Posted by Singer

Hi a1b2c3
Friday the 13th was good for me yes.

You are right: "Just to be realistic, its impossible to fight this out unless you can create jobs somehow". I had created work through my gigs for Americans and no foreigners as well. "Sometimes lying low and waiting it out is the need of the hour". Creating a storm of controversies DID work for me. To be real, that is all I had left to do.


EB1-EA approved Nov 13th 2009 cards received

Yes, congratulations! Yours is a very atypical case. My comments were for typical cases. In your case, you did everything right.
Most of the IVians are stuck in EB2 and EB3 backlogs for years. Most of them are from India and China and have worked on H1B visa.

But yes, this is another example of USCIS inefficiencies. Must have been a harrowing experience for you.

And the part I liked was that your job actually could create American jobs. All the reason why you should have not suffered like this. I'm happy to note that congressmen helped. On the whole, I feel that the system is not all that bad considering the numbers and the fact that congressmen also helped you. In fact, now you should be all the more proud of being one step away from calling yourself an american musician as opposed to just criticizing how bad the system is.

[Singer]

"In fact, now you should be all the more proud of being one step away from calling yourself an american musician as opposed to just criticizing how bad the system is."
Listen a1b2c3, the system is BAD and will need a LOT of fixing. I have been 13 years in this country and provided work for many Americans. I paid taxes like everyone, but could not call NYC home because of a bad system.
I am HAPPY to have my GC because I can also travel oh so more easily, it was a lot of money to spend on visas and all the fees around them (ie travelling abroad every year to go to American Consulates).
One: I have no plans of becoming and American musician or citizen.
Two: I am not JUST criticizing to criticize, the system is "dangerously" flawed, and I just hope my case could inspire others in similar situation. Inspire the elected officials to be "more pushy" with uscis. That is what they ALL did in my case.

So a1b2c2, let's leave this exchange right here as I am not interested in your unfounded criticisms.

[cinqsit]

Singer,

Congratulations! I admire your tenacity...I would have given up if I had to go through what you have been through.

Enjoy!

cinqsit

[chanduv23]

Originally Posted by Singer

"In fact, now you should be all the more proud of being one step away from calling yourself an american musician as opposed to just criticizing how bad the system is."
Listen a1b2c3, the system is BAD and will need a LOT of fixing. I have been 13 years in this country and provided work for many Americans. I paid taxes like everyone, but could not call NYC home because of a bad system.
I am HAPPY to have my GC because I can also travel oh so more easily, it was a lot of money to spend on visas and all the fees around them (ie travelling abroad every year to go to American Consulates).
One: I have no plans of becoming and American musician or citizen.
Two: I am not JUST criticizing to criticize, the system is "dangerously" flawed, and I just hope my case could inspire others in similar situation. Inspire the elected officials to be "more pushy" with uscis. That is what they ALL did in my case.

So a1b2c2, let's leave this exchange right here as I am not interested in your unfounded criticisms.

I agree with you. There is a lot of inconsistency in the system. The system is dangerously flawed - and something must be done, which is not easy - u have a whole industry (immigration agents, lawyers, consultants etc...) that is thriving on this and thats why things are not easy.

But a1b2c2 is also partially right about the system because - believe me - this system seems to be working. The law is complicated unlike other countries where immigration is a straightforward process. Here u have to struggle hard to get a GC - some people maybe lucky and others may not be.

But, yes, it must not be as absurd as what you faced.

[Singer]

cinqsit ,
Yes it has been a real saga, we should never give up!
Best,

Singer