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I am Canadian and new to this forum and I have a rather complicated situation. I am hoping someone can give me some insight on how to deal with this effectively.
Please, before I say anything else, I don't want to hear that I am going to be deported and that I'm illegally in the US etc. I have been torn up one side and down the other on another similar site without anyone taking the time to consider what is really going on. I am well aware of my situation and I'm doing what I can do to correct things. I am looking for answers to the situation described below.
I have been here in the US since 2003. I came in as a tourist and was not required to have a passport at the time. I showed my Canadian driver's license and birth certificate and the customs officer stamped something on my airline tickets and sent me through, without any hassles.
I do not recall ever filling out an I-94 and it is my understanding that at the time, if you entered the US as a tourist and were from Canada, the I-94 was not required. If I did fill it out, I truly don't remember and I have kept all my documents from that flight and I have no record of the I-94 anywhere.
While I was here visiting, I was asked to stay on to help care for a disabled person in the home. I contacted someone in Atlanta at the Department of Labor Certification and he sent me the necessary applications that had to be filed in order for me to take care of this person. I was told that as long as I had an application pending, everything was legal and above board. Never once did he say anything about adjusting my status to stay beyond the 30 days. He gave me the impression that as long as I had an application filed with USCIS or Department of Labor Certification, that my status was considered legal. Since then, USCIS has sent me letter after letter, mostly I-797 Notices of Action, telling me what needed to be filed next and I have complied with everything thus far. I was unaware that there were applications missing because no one told me and I trusted the person in Atlanta whom I initially contacted, to send me all necessary forms that needed filing, and I assumed he had done so. I also assumed that if USCIS was sending me notices of action, they would mention if there was anything missing that needed to be filed, but they did not do so either until recently.
I received approval in 2004 for the I-140 form and was requested to fill out the I-485 which I did and submitted it within the time specified. I heard nothing again until July of 2007 and all they said was that my application was being reviewed and I would receive a letter when a decison was made. In July of this year, they sent me notification to have my biometrics done, which was completed on the date specified.
I have done all of this and thought everything was still okay.
In March of 2008, the disabled person I was caring for, passed away suddenly. However, there is another member of the same household who is also disabled and I was/am still taking care of her as well, though she was not really part of the initial application process, except that she was mentioned as a member of the household. She became severely disabled 2 years ago and requires about as much care as the first person, except that she is able to get around on her own, whereas he was not because he was bedridden. It was made clear from the beginning, that I was to receive room and board in place of a monetary wage until such a time as I received labor certification or my green card. I have never yet, received any money, but only room and board from these people.
USCIS has been aware of this the whole time.
At the end of August, I received an RFE asking me to submit my biographical info, the I-485 supplement A form, proof of entry into the US, and the medical exam by a civil surgeon.
As I mentioned, I do not have an I-94 form, but I do have the stamp from US customs on the stub of one of my boarding passes. That is the only proof I have of legal entry into the US. Obviously I couldn't get the stamp unless a customs officer approved me to enter the US.
I submitted to USCIS what I could, except for the $1000 fee for the I-485 supplement A and the civil surgeon medical exam form I-693. I sent a letter with all the above information explaining why I could not complete the civil surgeon exam in the time specified and why I was not able to submit the fee of $1000.00 I had an attorney also write a letter which was submitted with the above applications, and he basically verified everything I said was true and that he had reviewed all the applications I was submitting for accuracy.
I could not get an appointment to see the civil surgeon until last week due to distance and appointment availability, but I have completed the appointment and everything is fine and I have the I-693 papers in a sealed envelope signed by the civil surgeon. I only received the papers on Friday of last week.
Today I received another letter from USCIS stating that I am required to attend an appointment in Atlanta on the 19th of November.
I'm not sure what to expect from this interview, other than get hassled about the lack of the $1000 fee and the fact that my petitioner has since passed away.
I cannot leave the person I currently care for because there is no one else that can take care of her and after being here all this time, it would cause her extreme distress to bring a new person in to do what I do. I live with her 24/7 and she has become like family to me, so it's not that simple to just walk away now. I realize that USCIS may not care about any of that, but the bottom line is that I have done everything they have asked me to do (except file that one fee) and I could not control the time of my petitioner's death.
I am scared because I don't know whether or not any of this is grounds for immediate deportment. I am aware that it can happen, but at the same time, I hope they will consider that I am still needed in the same household for the same reasons, just with a different person now.
I am still receiving room and board as always, absolutely nothing has changed in here except that there is one less person in the household.
Do you think that this is just a formality and that the green card will be approved or should I expect a worst case scenario?
Please be honest with me based on your own experience with this type of appointment or of someone you know that has been through it.
I have to travel 5 hours to Atlanta, with a disabled person, and I'm worried about the effect this will have on her if this doesn't turn out positively.
My apologies that this got so long, but based on previous experience with another site, I felt it necessary to give as much info as possible so you understand the process I have dealt with thus far. Thanks in advance for your feedback and suggestions.
Please, before I say anything else, I don't want to hear that I am going to be deported and that I'm illegally in the US etc. I have been torn up one side and down the other on another similar site without anyone taking the time to consider what is really going on. I am well aware of my situation and I'm doing what I can do to correct things. I am looking for answers to the situation described below.
I have been here in the US since 2003. I came in as a tourist and was not required to have a passport at the time. I showed my Canadian driver's license and birth certificate and the customs officer stamped something on my airline tickets and sent me through, without any hassles.
I do not recall ever filling out an I-94 and it is my understanding that at the time, if you entered the US as a tourist and were from Canada, the I-94 was not required. If I did fill it out, I truly don't remember and I have kept all my documents from that flight and I have no record of the I-94 anywhere.
While I was here visiting, I was asked to stay on to help care for a disabled person in the home. I contacted someone in Atlanta at the Department of Labor Certification and he sent me the necessary applications that had to be filed in order for me to take care of this person. I was told that as long as I had an application pending, everything was legal and above board. Never once did he say anything about adjusting my status to stay beyond the 30 days. He gave me the impression that as long as I had an application filed with USCIS or Department of Labor Certification, that my status was considered legal. Since then, USCIS has sent me letter after letter, mostly I-797 Notices of Action, telling me what needed to be filed next and I have complied with everything thus far. I was unaware that there were applications missing because no one told me and I trusted the person in Atlanta whom I initially contacted, to send me all necessary forms that needed filing, and I assumed he had done so. I also assumed that if USCIS was sending me notices of action, they would mention if there was anything missing that needed to be filed, but they did not do so either until recently.
I received approval in 2004 for the I-140 form and was requested to fill out the I-485 which I did and submitted it within the time specified. I heard nothing again until July of 2007 and all they said was that my application was being reviewed and I would receive a letter when a decison was made. In July of this year, they sent me notification to have my biometrics done, which was completed on the date specified.
I have done all of this and thought everything was still okay.
In March of 2008, the disabled person I was caring for, passed away suddenly. However, there is another member of the same household who is also disabled and I was/am still taking care of her as well, though she was not really part of the initial application process, except that she was mentioned as a member of the household. She became severely disabled 2 years ago and requires about as much care as the first person, except that she is able to get around on her own, whereas he was not because he was bedridden. It was made clear from the beginning, that I was to receive room and board in place of a monetary wage until such a time as I received labor certification or my green card. I have never yet, received any money, but only room and board from these people.
USCIS has been aware of this the whole time.
At the end of August, I received an RFE asking me to submit my biographical info, the I-485 supplement A form, proof of entry into the US, and the medical exam by a civil surgeon.
As I mentioned, I do not have an I-94 form, but I do have the stamp from US customs on the stub of one of my boarding passes. That is the only proof I have of legal entry into the US. Obviously I couldn't get the stamp unless a customs officer approved me to enter the US.
I submitted to USCIS what I could, except for the $1000 fee for the I-485 supplement A and the civil surgeon medical exam form I-693. I sent a letter with all the above information explaining why I could not complete the civil surgeon exam in the time specified and why I was not able to submit the fee of $1000.00 I had an attorney also write a letter which was submitted with the above applications, and he basically verified everything I said was true and that he had reviewed all the applications I was submitting for accuracy.
I could not get an appointment to see the civil surgeon until last week due to distance and appointment availability, but I have completed the appointment and everything is fine and I have the I-693 papers in a sealed envelope signed by the civil surgeon. I only received the papers on Friday of last week.
Today I received another letter from USCIS stating that I am required to attend an appointment in Atlanta on the 19th of November.
I'm not sure what to expect from this interview, other than get hassled about the lack of the $1000 fee and the fact that my petitioner has since passed away.
I cannot leave the person I currently care for because there is no one else that can take care of her and after being here all this time, it would cause her extreme distress to bring a new person in to do what I do. I live with her 24/7 and she has become like family to me, so it's not that simple to just walk away now. I realize that USCIS may not care about any of that, but the bottom line is that I have done everything they have asked me to do (except file that one fee) and I could not control the time of my petitioner's death.
I am scared because I don't know whether or not any of this is grounds for immediate deportment. I am aware that it can happen, but at the same time, I hope they will consider that I am still needed in the same household for the same reasons, just with a different person now.
I am still receiving room and board as always, absolutely nothing has changed in here except that there is one less person in the household.
Do you think that this is just a formality and that the green card will be approved or should I expect a worst case scenario?
Please be honest with me based on your own experience with this type of appointment or of someone you know that has been through it.
I have to travel 5 hours to Atlanta, with a disabled person, and I'm worried about the effect this will have on her if this doesn't turn out positively.
My apologies that this got so long, but based on previous experience with another site, I felt it necessary to give as much info as possible so you understand the process I have dealt with thus far. Thanks in advance for your feedback and suggestions.
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