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  1. #1
    Join Date
    Nov 2009
    Posts
    1

    Default DV-2010 - Adjustment of Status

    Please I need help in my case.

    On May 2009, I was informed that I have been selected in the Diversity Lottery-DV-2010. Based upon this selection we submitted I-485, Adjustment of Status petitions based on DV-2010 case, we have always been in legal status in the US (L-1A expires on June 2011), so we are eligible to adjust our status while in the US.But the Service erroneously denied I-485 Petition based upon an I-140 Denial (Green card based on L-1 VISA) , that I received a few month before.
    On December 2007, an I-140 Petition was filed .
    On March 2009, said Petition was denied.

    On July 2009 I filed Form I-485, Application to register Permanent Residence or Adjust Status based on DV-2010 case.

    On September 2009, the Service erroneously denied Respondent's I-485 Petition based upon an I-140 Denial.

    I suppose that my attorney made a mistake and sent the documents to the wrong address:to the Lincoln, Nebraska , not according to that specified in the instructions: St. Louis, Missouri.

    I need your help, what should I do in this case?... apply for Appeal to re-open the case( but denial says "The regulations do not provide the appeal for that decision" , but first of all the decision is wrong, because the denial based on error by immigration officer.), or re-file all the documents to the address provided on instruction and again to pay dues, fingerprints, health-exam (a lot of money, that I've already paid )

    Please advice.

  2. #2
    Join Date
    Sep 2005
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    Posts
    98,846

    Default Re: DV-2010 - Adjustment of Status

    Given the history of denial, I strongly recommend working with an immigration lawyer. If you no longer trust the lawyer you've been working with, I suggest switching to a different immigration law firm. Try the AILA directory.

  3. #3

    Default Re: DV-2010 - Adjustment of Status

    Quote Quoting ivone
    View Post
    Please I need help in my case.

    On May 2009, I was informed that I have been selected in the Diversity Lottery-DV-2010. Based upon this selection we submitted I-485, Adjustment of Status petitions based on DV-2010 case, we have always been in legal status in the US (L-1A expires on June 2011), so we are eligible to adjust our status while in the US.But the Service erroneously denied I-485 Petition based upon an I-140 Denial (Green card based on L-1 VISA) , that I received a few month before.
    On December 2007, an I-140 Petition was filed .
    On March 2009, said Petition was denied.

    On July 2009 I filed Form I-485, Application to register Permanent Residence or Adjust Status based on DV-2010 case.

    On September 2009, the Service erroneously denied Respondent's I-485 Petition based upon an I-140 Denial.

    I suppose that my attorney made a mistake and sent the documents to the wrong address:to the Lincoln, Nebraska , not according to that specified in the instructions: St. Louis, Missouri.

    I need your help, what should I do in this case?... apply for Appeal to re-open the case( but denial says "The regulations do not provide the appeal for that decision" , but first of all the decision is wrong, because the denial based on error by immigration officer.), or re-file all the documents to the address provided on instruction and again to pay dues, fingerprints, health-exam (a lot of money, that I've already paid )

    Please advice.
    Hello,
    we would file a motion to reopen your case first. If you dont get a descision on the motion on time, we would recommend to re-file Adjustment of Status petition even thou its a lot of money.

    Good luck!

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