Legal Question in Immigration Law in Florida

Appeal Procedure

I came here 9 years ago, got F1 status graduated from college, got my OPT and then I was on a P3 visa for 4 years (Culturally unique)

I recently got a denial on a EB2 NIW with opportunity for appeal or motion. I DO HAVE A CASE. The problem was that while the response from USCIS I was moving from Washington to Miami. It took me one month while I found an apartment and established my new address. In the meantime all my correspondence was still being mailed to Washington where my roommate, even though he was aware of my situation, failed to advice me on time for me to appeal and the 33 days already passed (Decision dated April 21 2009).

Am I out of status?

Can I still apply for a the appeal/motion?

Can I apply for my P3 visa again?

Thanks


Asked on 6/08/09, 6:56 pm

2 Answers from Attorneys
Daniel Hanlon Hanlon Law Group, P.C.

Re: Appeal Procedure

Dear Inquirer:

You are out of status if your P-3 status has lapsed. The I-140 you filed would not have accorded you any status, unless you were eligible to file for adjustment of status and did so concurrently; assuming it had been approved and you filed within 180 days of your P-3 expiration date.

I recommend that you email [email protected] or visit www.hanlonlawgroup.com if you would like further information.

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Answered on 6/10/09, 12:06 am
Michael Harris Law Offices of Kravitz and Guerra, P.A.

Re: Appeal Procedure

An appeal can be filed late if you have new evidence, facts, or other documentary proof. However, when an appeal is filed late with the regional service centers, they will be required to treat it as a motion. While this is procedurally different, it may garner the results you are seeking. If the service center denies the motion, then you could file an appeal directly with the Administrative Appeals Office in Washington, D.C.

Filing an appeal or motion does not toll unlawful presence, so unless you are able to maintain non-immigrant status you will begin to accrue unlawful presence (ULP). If you are have 180 days or more of ULP, you are subject to a 3 year bar; one year or more in ULP may subject you to a 10 year bar. So, if there are options to be able to renew or obtain nonimmigrant status again I would do so while the appeal/motion is pending.

National Interest Waiver cases can be quite complicated, so I would be careful in selecting an attorney.

If you are now in Miami, please feel free to contact me for more information on how I could assist you.

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Answered on 6/09/09, 10:32 am


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