EB3 Follow to Join Denied at Mumbai Embassy

[2classcitizen]

1. I received my Green Card under EB3 last year on July 5th 2011 in Michigan . I filed for the follow to join for my wife under EB3 via NVC with I 824.
2. She appeared for the interview at US Embassy Mumbai on May 10th 2012 .
3. Her Follow to Join EB3 immigrant visa was denied under 212(a)(9)(b)(2) 365+ days unlawful presence .
4. She came to the US on H4 on May13 2003( I-94 Valid till November 2004 ) , we filed for her I-485 in August 2003 but it was denied as my I-140 was denied due to technical error . We filed another I-140/485 in June 2004 with an appeal for the first I-140 , both I-140 got approved in August 2004 and June 2005 respectively . She received her EAD in August 2004 and started working .
5. She visited India in April 2006 on Advance Parole and got a I-94 issued till April 2007 . we never extended I-94 as our I-485 was pending .
6. Now all hell broke loose , May 2008 my I-485 denied on a discretionary basis . she left for India in July 2008 .
7. I renewed my I-485 in the immigration court and got approved on July 2011.
8. FAM 40.92 N1 (b) 5 says “For aliens who have properly filed an application for adjustment of status to that of a lawful permanent resident (LPR), the entire period of the pendency of the application, even if the application is subsequently denied or abandoned, provided the alien…….. did not file for adjustment "defensively" (i.e., after deportation proceedings had already been initiated)”
   
   
9. Does anyone think that she was really unlawfully present in the US for more than 365 days .
10. I have sent dozens of emails to VFS office Mumbai but always get a generic answer . I have asked them to reconsider the case as it has been denied in error . I have asked them to give me the procedure for reconsideration , but always received a generic answer that she was unlawfully present .
11. Does any one know how to approach the US Embassy as VFS guard dogs have no knowledge of the step and the questions always get lost and eaten by the VFS guard dogs .

[gc_check]

You need to consult an attorney immediately. Also contact you local congress man /senator and request assist. This might help. If it was due to an operation error, you will be able to reverse it. Some large law firms like Murthy's etc... here also operate in India and they might have access to consulate as well or at-least would know the process. I have not used the Law Firms myself and do not know much about the Law Firm.

[LondonTown]

Originally Posted by 2classcitizen

1. I received my Green Card under EB3 last year on July 5th 2011 in Michigan . I filed for the follow to join for my wife under EB3 via NVC with I 824.
2. She appeared for the interview at US Embassy Mumbai on May 10th 2012 .
3. Her Follow to Join EB3 immigrant visa was denied under 212(a)(9)(b)(2) 365+ days unlawful presence .
4. She came to the US on H4 on May13 2003( I-94 Valid till November 2004 ) , we filed for her I-485 in August 2003 but it was denied as my I-140 was denied due to technical error . We filed another I-140/485 in June 2004 with an appeal for the first I-140 , both I-140 got approved in August 2004 and June 2005 respectively . She received her EAD in August 2004 and started working .
5. She visited India in April 2006 on Advance Parole and got a I-94 issued till April 2007 . we never extended I-94 as our I-485 was pending .
6. Now all hell broke loose , May 2008 my I-485 denied on a discretionary basis . she left for India in July 2008 .
7. I renewed my I-485 in the immigration court and got approved on July 2011.
8. FAM 40.92 N1 (b) 5 says “For aliens who have properly filed an application for adjustment of status to that of a lawful permanent resident (LPR), the entire period of the pendency of the application, even if the application is subsequently denied or abandoned, provided the alien…….. did not file for adjustment "defensively" (i.e., after deportation proceedings had already been initiated)”
   
   
9. Does anyone think that she was really unlawfully present in the US for more than 365 days .
10. I have sent dozens of emails to VFS office Mumbai but always get a generic answer . I have asked them to reconsider the case as it has been denied in error . I have asked them to give me the procedure for reconsideration , but always received a generic answer that she was unlawfully present .
11. Does any one know how to approach the US Embassy as VFS guard dogs have no knowledge of the step and the questions always get lost and eaten by the VFS guard dogs .

VFS has nothing to do with it. Write to Embassy directly; google and you will find email addresses and most important-- seek legal advise.

[2classcitizen]

US Embassy in Mumbai do not take emails directly , they have stopped taking direct emails from feb of 2012 , US Embassy New Delhi is also not taking emails directly . They do not even take phone calls directly . I have contacted an attorney and they did not even reply to the attorney's emails either . My attorney has contacted the Washington DC office of DOS , but its been more than 2 months and no answer .

[Suva]

Horrible situation for you. Sorry to hear this.

I think this was the reason that I was advised to renew H1 even if I could stay on I-485.

[2classcitizen]

I contacted the senator's office and senator's office said they cant help in reversing the consular decision

[roni077]

So sorry to hear about your situation. I remember Murthy law firm did some work with Chennai consulate to overturn their decision of H1B visa stamping denial maybe a couple of years ago. I thought Murthy had connections with all consulates in India. You should give it a try - especially since your current lawyer seems to be unable to go beyond writing emails!
Fragomen is the other law firm that comes to mind as having a wide network. They once found me some answers from US consulate in Japan as they had someone in Japan with connections to consulate - they probably also have very good network.

Good luck. I'm sure this will be sorted out.

[2classcitizen]

she visited India in 2006 , she came back on AP and she got an I-94 valid till April 2007 . As per US Embassy Mumbai she was unlawfully present in the United States when her I-94 expired in April 2007 and she accrued unlawful presence from April 2007 till July 2008 when she left for India .
They are simply ignoring the fact that her I-485 was pending till May 2008 .
As PER US EMBASSY , A PENDING I-485 DOES NOT GIVE HER THE RIGHT TO STAY IN THE USA , agreed , but , a pending I-485 does not trigger the 10 year bar as it is an authorized stay approved by the USCIS .