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I-485 Interview issue at Newark, NJ office. Additional evidence requested and asked t
Hi All,
I enrolled as a transfer student at The University ***, CA in fall of 2004. I was on H4 visa when I first enrolled. On August 9th, 2005 I turned 21. A month before my 21st birthday I made an appointment with the International Office Counselor ***. She gave me all the documents I needed to fill out and assured me she would help me with the process of ‘change of status’ to F1 before my 21st Birthday. I submitted the completed documents to Ms.Bella on August 4th, 2005, five days before my 21st, birthday. She put the completed documents in an envelope. We mailed it overnight. This was the first time I was dealing with an immigration application personally so I followed Ms. Bella advice carefully as she deals with international students all the time.
A month after filing I contacted Ms. Bella regarding my F1 status and after calling her a few times, she told me not to stress too much as, “Sometimes it takes time to get to your file.” I left it at that, hoping she would inform me in case she would hear from the USCIS. I periodically called her and visited the International Office in person to check on my application but it seemed I was being a bother to her and she told me not to worry, that F1 applications and USCIS in general takes time. She was giving me the same advice well after 6 months of submitting the application.
I did not get a receipt notice; I did not know I should get one, because she didn’t raise any alarm despite my concern. I now know that I should have received one within 1-3 months of submitting the application and if I didn’t receive it then I should have informed the International Office. I was enrolled every semester after that, and this only confirmed to me that nothing was wrong. Ms Bella allowed me to enroll every semester without asking me to bring the F1 approval or a receipt notice.
In July 2006, close to my 22nd birthday, I received a letter from Ms. Bella saying my SEVIS would be cancelled unless I bring the Change of Status approval notice to the International Office. I informed her that I never received it. At this point she asked me to reapply. By now the situation had gotten out of hand. Unfortunately, in the middle of all of this Ms. Bella disappeared without notice. We don’t know if she quit her job or got fired because of her inaction.
In the coming week when I went back to the International Office, to get complete copies of the documents I had submitted previously, I was met with Ms. Rose. She was stern with me, and eventually told me that Ms Bella is no longer with The University ***.
Her abrupt departure shocked me and when I asked Ms. Rose if I could get any type of contact information of her, she simply stated, “We do not share information on past employees and any requests would have to come through your attorney.”
I was very close to graduation. Desperate, I went to the attorney I could afford and someone who would be able to help me in such short notice.
He got as much supporting documents as he could but could still not get a letter from the International Office stating that there was negligence and misleading legal advice on part of Ms. Bella that brought my case to where it was. This letter was essential in my case but time was passing. We reapplied with everything we had. USCIS granted me another F1 but did not date it back to 2005 and instead dated it to when we applied the second time. This is what posed the main problem that I’m dealing with today.
I have a 1.5 year gap in legal status during which I was enrolled at the university, which I would have not had if I had gotten a letter at my initial time of request from the International Office. At that time, in order to remain legal I had to graduate and get OPT and in order to do that I had to get an F1. Ms. Rose readily accepted this route and filed for my SEVIS again and then OPT.
This ordeal was very difficult for me and up until now I thought I surely would not have to revisit it again. I am now on Work Visa status H1, recently got married and moved to another state. I applied for aGreen Card, Change of Status application last year. On April 7th, 2011 was my interview with the USCIS regarding my case and the only thing the Immigration Officer raised concern over was the F1 issue I had at university, because there is a gap of a year between my 21st birthday Aug 09th, 2005 and the approved F1 Mar 21st, 2007.
I explained to them what happened but they’ve told me that all explanations are insufficient until the USCIS can get a letter from The University, acknowledging Ms. Bella’s negligence towards my case and/or confirming that she was terminated or reassigned due to her inaction. Also, that I did make all efforts to stay in status and was following the legal advice given to me by Ms Bella. This will suffice as proof to the USCIS that The University took a responsible step in dealing with the situation.
I have limited time until my next interview on May-13-2011 with the USCIS. It has been a long and arduous road through this process for me. My livelihood and future depend on this one letter. I have been told explicitly by the Immigration Officer that the only thing that will prevent my case from getting denied and going into proceedings is this one letter.
Conclusion/Issues/Suggestions?
I have met and requested the people at international office and they are not willing to cooperate in this situation. They say that they cannot give me any letter without any proof. The only letter they gave me states that I was a student who graduated dated so and so and was in good standing. This does not serve the purpose. My bad luck is that Ms. Bella didn’t even write any of this in my student file as notes to refer to. I am therefore requesting the online community to give me any suggestions in my case and if possible tell me what my options here are. Since I cant seem to get the letter, what else can I do or get in order to satisfy the interviewer when I meet with her again in 2.5 weeks from now.
Thank You!
I enrolled as a transfer student at The University ***, CA in fall of 2004. I was on H4 visa when I first enrolled. On August 9th, 2005 I turned 21. A month before my 21st birthday I made an appointment with the International Office Counselor ***. She gave me all the documents I needed to fill out and assured me she would help me with the process of ‘change of status’ to F1 before my 21st Birthday. I submitted the completed documents to Ms.Bella on August 4th, 2005, five days before my 21st, birthday. She put the completed documents in an envelope. We mailed it overnight. This was the first time I was dealing with an immigration application personally so I followed Ms. Bella advice carefully as she deals with international students all the time.
A month after filing I contacted Ms. Bella regarding my F1 status and after calling her a few times, she told me not to stress too much as, “Sometimes it takes time to get to your file.” I left it at that, hoping she would inform me in case she would hear from the USCIS. I periodically called her and visited the International Office in person to check on my application but it seemed I was being a bother to her and she told me not to worry, that F1 applications and USCIS in general takes time. She was giving me the same advice well after 6 months of submitting the application.
I did not get a receipt notice; I did not know I should get one, because she didn’t raise any alarm despite my concern. I now know that I should have received one within 1-3 months of submitting the application and if I didn’t receive it then I should have informed the International Office. I was enrolled every semester after that, and this only confirmed to me that nothing was wrong. Ms Bella allowed me to enroll every semester without asking me to bring the F1 approval or a receipt notice.
In July 2006, close to my 22nd birthday, I received a letter from Ms. Bella saying my SEVIS would be cancelled unless I bring the Change of Status approval notice to the International Office. I informed her that I never received it. At this point she asked me to reapply. By now the situation had gotten out of hand. Unfortunately, in the middle of all of this Ms. Bella disappeared without notice. We don’t know if she quit her job or got fired because of her inaction.
In the coming week when I went back to the International Office, to get complete copies of the documents I had submitted previously, I was met with Ms. Rose. She was stern with me, and eventually told me that Ms Bella is no longer with The University ***.
Her abrupt departure shocked me and when I asked Ms. Rose if I could get any type of contact information of her, she simply stated, “We do not share information on past employees and any requests would have to come through your attorney.”
I was very close to graduation. Desperate, I went to the attorney I could afford and someone who would be able to help me in such short notice.
He got as much supporting documents as he could but could still not get a letter from the International Office stating that there was negligence and misleading legal advice on part of Ms. Bella that brought my case to where it was. This letter was essential in my case but time was passing. We reapplied with everything we had. USCIS granted me another F1 but did not date it back to 2005 and instead dated it to when we applied the second time. This is what posed the main problem that I’m dealing with today.
I have a 1.5 year gap in legal status during which I was enrolled at the university, which I would have not had if I had gotten a letter at my initial time of request from the International Office. At that time, in order to remain legal I had to graduate and get OPT and in order to do that I had to get an F1. Ms. Rose readily accepted this route and filed for my SEVIS again and then OPT.
This ordeal was very difficult for me and up until now I thought I surely would not have to revisit it again. I am now on Work Visa status H1, recently got married and moved to another state. I applied for aGreen Card, Change of Status application last year. On April 7th, 2011 was my interview with the USCIS regarding my case and the only thing the Immigration Officer raised concern over was the F1 issue I had at university, because there is a gap of a year between my 21st birthday Aug 09th, 2005 and the approved F1 Mar 21st, 2007.
I explained to them what happened but they’ve told me that all explanations are insufficient until the USCIS can get a letter from The University, acknowledging Ms. Bella’s negligence towards my case and/or confirming that she was terminated or reassigned due to her inaction. Also, that I did make all efforts to stay in status and was following the legal advice given to me by Ms Bella. This will suffice as proof to the USCIS that The University took a responsible step in dealing with the situation.
I have limited time until my next interview on May-13-2011 with the USCIS. It has been a long and arduous road through this process for me. My livelihood and future depend on this one letter. I have been told explicitly by the Immigration Officer that the only thing that will prevent my case from getting denied and going into proceedings is this one letter.
Conclusion/Issues/Suggestions?
I have met and requested the people at international office and they are not willing to cooperate in this situation. They say that they cannot give me any letter without any proof. The only letter they gave me states that I was a student who graduated dated so and so and was in good standing. This does not serve the purpose. My bad luck is that Ms. Bella didn’t even write any of this in my student file as notes to refer to. I am therefore requesting the online community to give me any suggestions in my case and if possible tell me what my options here are. Since I cant seem to get the letter, what else can I do or get in order to satisfy the interviewer when I meet with her again in 2.5 weeks from now.
Thank You!
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