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  1. #1

    Default Can Husband Apply for AOS While on Order of Supervision

    Here is our story.. Iíll try to keep it short and stick to the facts:
    My Husband is French born. He came to the U.S. with his family in 1990 on a visitorís visa when he was 5 years old. Their family overstayed the visa and applied for permanent residency. Husbandís parents successfully applied for EADs. Their application for residency was denied. They hired an attorney and appealed. In 2002, an IJ granted VD. In 2003, Husband was set to graduate high school and had obtained a full scholarship to the local University. High school staff learned of their familyís case and took it to the local media and politicians. They created enough buzz to persuade the USCIS extended the familyís departure date so that they could see Husband graduate. Our U.S. Senator introduced a Private Bill on behalf of Husband. Husbandís entire family left shortly after Husbandís graduation. Husband remained in the U.S. awaiting a student visa and outcome of Private Bill. Husband was placed under Order of Supervision. To this day, Husband continues to ďcheck inĒ with the local USCIS office every three months. Husband started college in the Fall of 2003. In December 2003 two things happened: #1) his scholarship was voided on the grounds that he was not a U.S. Citizen/Permanent Resident; #2) he learned was not eligible to obtain a Student Visa. Husband had to drop out of college and get a job to support himself. He successfully applied for an EAD and started working in the Spring of 2004. His EAD has been approved every year since. We started dating in 2006. We married in February 2008. We purchased a house 10 months ago and now we have a young son. The Private Bill is now dead (passed the Senate, never moved on from there).

    Husband is a good man. He does not have a criminal record. He works full time at the local hospital and is starting nursing school in the Fall (2010). I am also working full time. We are not rich. We are the lower middle class who make just enough money that we can not approve for WIC or any other kind of government assistance, but not enough to not be living from paycheck to paycheck. It took us two years to save up the money to pay the application fees associated with this Immigration process.

    We went to see Husbandís parentís attorney. Their office no longer has copies of Husbandís parentís files. Attorney is also going to look into whether Husband can apply for Adjustment of Status while under an Order of Supervision. Attorney advised to file I-130 now and wait to file the I-485 after we receive info from our FOIA request (he wants to review the old case to see if we need anything from it).

    From my research on the internet (thank goodness for sites like these!!), it is probably best to file I-130 and I-485 together. Husband will need to renew his EAD again this year. If we file the I-485, we can avoid paying an extra $340 for the EAD.

    I am in the process of putting together the I-130 packet and hope to have it ready to send out by next weekÖ Yes, I do plan to send EVERYTHING on my list. This is what I have so far:
    1.Check # 2420 in the amount of $355.00 for the filing fee
    2.Form I-130, Petition for Alien Relative
    3.Two passport-style photographs of myself and two passport-style photographs of Husband
    4.Form G-325A, Biographic Information for myself
    5.Form G-325A, Biographic Information for Husband
    6.Copy of my U.S. Birth Certificate
    7.Copy of Husbandís French Birth Certificate
    8.Notarized Translation of Husbandís French Birth Certificate
    9.Copy of Husbandís parentís passports and Husbandís expired I-94
    10.Copy of our Marriage Certificate
    11.Copy of our sonís U.S. Birth Certificate
    12.Copies of our joint U.S. Federal Tax Returns for 2008 and 2009
    13.Copy of the HUD Settlement Statement from the purchase of our house, showing joint ownership
    14.Copy of our 2008-2009 lease agreement for our previous residence
    15.Signed account verification from our Bank, showing joint account ownership
    16.Copy of the first page of our last account statement from our Bank
    17.Copy of the vehicle title registration for our car, showing joint ownership
    18.Copy of our auto insurance renewal for our car, showing joint insurance policy
    19.Signed statement from Health Insurance company showing joint Health Insurance coverage
    20.Copy of Husbandís 2010 Annual Health Insurance Enrollment Confirmation/Summary showing myself and our son as covered dependants
    21.Copy of the cancellation of my Health Insurance coverage through my employer dated 01/2009
    22.Three Notarized Affidavits of Friends in support of our Bona Fide Marriage
    23.Selection of pictures that document our relationship and marriage

    My questions:
    #1) Can my Husband apply for Adjustment of Status (I-485) while under Order of Supervision?

    #2) Should I just skip the FOIA and file the I-130 and I-485 together?

    ANY helpful information is appreciated!! Thanks!

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Can Husband Apply for AOS While on Order of Supervision

    Your husband has a lawyer who is familiar with the full history of his case and the terms of the order, has presumably researched the issue based upon that information, and is advising him. Nobody here is in a reasonable position to second-guess his lawyer.

  3. #3

    Default Re: Can Husband Apply for AOS While on Order of Supervision

    Quote Quoting Mr. Knowitall
    View Post
    Your husband has a lawyer who is familiar with the full history of his case and the terms of the order, has presumably researched the issue based upon that information, and is advising him. Nobody here is in a reasonable position to second-guess his lawyer.
    Mr Knowitall... I am disappointed in your answer. Please do not take this offensively... but your "answer" has not helped one bit with my concern. My husband does NOT have a lawyer. We PAID the consultation fee to meet with my in-law's former attorney -- who had no memory of their case(mind you, he was their attorney for SIX years). After explaining to him our situation, he took our money and advised us to file a FOIA and assured us that his office would research whether or not a person is allowed to file AOS while under an Order of Supervision -- as is in my husband's case. This attorney, who should have the MOST information on his case, has been of NO help, only telling us that their office would get back to us in 10 business days with additional information. Yesterday, I a received a call from his "associate" telling me that they would fax in the FOIA at no charge, but ONCE the FOIA CD was received in their office, we would PAY for them to review it and then hire the attorney to file a "Motion to Reopen" with the IJ. He even requested that I pay HIM an additional $100 for this research. These lawyers are a nasty JOKE. They hold the answers and the keys to this whole mess and they dangle it in front of us with a GIANT price tag, doing only the minimum.

    ANYWAY. I'm not asking for someone to second guess anyone else. I am asking: CAN AN UNLAWFUL ALIEN APPLY FOR AOS WHILE UNDER AN ORDER OF SUPERVISION? if any of you out there have ANY information as to how an Order of Supervision may or may not have a negative effect on an AOS application, PLEASE enlighten me!

    Thank you. I am VERY appreciative of sites like this and the people who are trying to help other people... I am just sick of the cold-hearted jerk lawyers who care more about the $$ than the actual person that are paying for their knowledge and assistance.

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