Immigration Issues/Very unbelievable situation to be in
QUESTION: Hi Mr. Hollander
I came to the US in Dec 1994 and my US Citizen father applied for adjustment of status for me. His name is not on my birth certificate and we had no pictures/letters to prove a bonafide relationship before I turned 18. After our 2000 interview, we were told that we will get a letter based on their decision. We got a letter in 2001 asking for proof of a relationship. Our then attorney submitted documents before the 60day period provided of affidavits by friends overseas. When I went to renew my work permit they denied it because they claim not to have received these documents. I endured more struggles since but last May 2006 we filed a FOIA. How long does it take to receive a FOIA and how will it be helpful in such an unbelievable siutation. PS I have been here for 12 years and have not seen a light to the end of this very dark tunnel. Thank you for acknowledging.
ANSWER: Why is his name not on the birth certificate? Is there a way in your country to do an amendment to the birth certificate to add his name if he is your biological father. Doing a FOIA takes a long time and in your case will not prove much. You only have 30 days from when they deny it to do a Motion to Reopen. By doing a Motion to Reopen, you can not get work permission until they grant the Motion which is usually severla months. If you refile the adjustment you can also apply for a work permit which they will give you. However, prior to doing that make sure you have enough proof that he is your father.
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Thank you so much for answering my question in such a short time! There is quite a history to this case and many details that would take pages to explain were left out. My parents were unmarried and it was not unusual to leave column for father's name blank in my country. A motion to reopen/reconsider was filed in 2003 with a DNA test proving that my dad was 99.3% my father. This was done by a second attorney, the first advised me to get another attorney because I had moved to New York. My second attorney never gave me proof that he indeed did submit this motion although I sincerely believe that he did. We never got a response from this motion although copies of affidavit that INS claim to not have receive in 2001 and DNA results were submitted in motion to reopen in 2003. PS. I had a congresswoman look into this matter in 2003 and she said case was pending and I personally visited NY INS many times. Case (I485)was denied because they said they never got information and bonafide relationship was not established. Denial letter received in 2006 when I reapplied for work permit stating that case was denied in 2003. With all that I disclosed to you, will a FOIA still not make a difference in this case?
My feeling is FOIA will not help because case was denied in 2003 and you were put on notice of the denial no later than 2006. The appeal time has run.
I suggest re-filng and providng them with affidavits of friends or relatives who can swear to your birth and your parents, as well as the DNA evidence.
You can use the old filing to grandfatehr you in for 245i purposes so that you can interview here.
Thanks for the nice comments and rating.