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Petition Denied Due to Oversay - But Advised Not to Leave

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  • 12-29-2009, 10:15 PM
    Trini69
    Petition Denied Due to Oversay - But Advised Not to Leave
    Here's my problem, my mother filed a petition on my behalf 2002 and it was approved, had my interview March 11,2009 and I was denied, because they stated that I overstayed my time. Before my mother filed the petiton we visited Federal Plaza and they informed us that once the petition was filed I cannot leave the country, every time they asked for information in regard to my petition I called immigration to obtain advice and got the same thing time and time again, that I cannot leave the country once my papers are in. I returned to Garden City and spoken to a supervisor and explained the situation, she understood what I was saying and apologize for what was said to me, she informed me that I needed to file another motion, only to find out once again I was given wrong information by a staff memeber. Don't know what is my next move, my working papers were revoke, I cannot go to school as planned and my son's future like mine is unsure. Can someone help me with some answers please.
  • 12-29-2009, 10:30 PM
    Trini69
    Following Advice Part 2
    When I returned to Garden City and spoke to the supervisor she informed me that she would send my files and a letter stating that I was given wrong information all these years to the Boards of Appeals, that was in September, in a few days the New Year would be coming and I'm yet to get something in the mail. Can I appeal the decision based on the information I got from immigration from 2002 -2009.
  • 01-01-2010, 02:32 PM
    Mr. Knowitall
    Re: Following Advice Part 2
    You can appeal based upon anything you believe may help; but I am skeptical that, even if they accept that this was an honest mistake, you'll be able to avoid the consequent period of ineligibility. I suggest working with an immigration lawyer.
  • 01-02-2010, 07:46 AM
    Papi Yanqui
    Re: Petition Denied Due to Oversay - But Advised Not to Leave
    This forum provides a lot of good information germane to legal issues. I have seen some high quality posts and thoughts provided by several members.

    However, there is often no substitute to hiring a lawyer to help you navigate your way through the system you are confronted with.

    I once attempted to represent myself in a personnel matter. The company just rolled over me like I did not even exist. I finally spent the several thousand on a lawyer that I should have to begin with. Immediately the smirk was wiped off the face of the company's lawyers. I was substantially able to recover from the hole I was in and have no doubt I would have fared better had I hired a lawyer to begin with.

    Another thing to consider is that YOU have no relationship with the state's attorney. The lawyer you hire may very well have one. This can grease the skids to getting a better deal than you could ever obtain yourself.
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