enggr
03-17 03:52 AM
My dear friends,
I am so sad to tell the fact my I-140 got denied after the RFE response. In response to the RFE in September my lawyer responded to the RFE in November and the result came early this month (march 2008).
In the RFE response in last November my lawyer told USCIS that the category was marked wrong as EB2 where the case should be actually under EB3.
USCIS denied the application saying that application cannot be approved under EB2 and request for EB3 cannot be entertained at this point.
The following are the words from USCIS denial notice.
"The petitioner indicated that it had made an error in marking the petition form and that the petition should be considered one requesting the beneficiary's classification under a different section of law. However, since the petition was filed for second-preference classification and was initially adjudicated on that basis, USCIS will not at this stage consider it for some other classification.
In accordance with a USCIS announcement dated on May 23, 2007, the petitioner may elect to file a new petition on the beneficiary's behalf requesting a different visa classification but supported by the instant labor certification.(A motion making this request would be denied.) If the petitioner elects to persue this option, it should include a cover letter which explains the request, include a copy of this denial notice, and clearly report that the original labor certification is with LIN XXXXXXXXXX housed in AXXXXXXXXX. "
Also mine and my wife's I-485 got denied on the same day. In the denial notice of I-485 USCIS has mentioned that "The regulation does not provide for an appeal to this decision."
We are planning to file a new labor certification by end of this month as the current one is 99% a gone case
As you all know I was trying to save this application to save my wife's EAD.
Please help me with one of the options below.
Regarding my rejected I-140 I have two choices as per USCIS and my lawyer. Either of them should be filed 33 days from first week of march. Doing both of the below options at the same time will result in automatic rejection of both
1) Appealing the decision
Pros: My wife gets a chance to win her EAD back which is a big win for us
Cons: USCIS has indicated in the rejection notice that they are rejecting the I-140 because it does not qualify for EB2. they added that our request for converting it into EB3 cannot be entertained at this moment of time. So chances of winning the appeal is small compared to filing new I-140 as per my lawyer
2) Applying new EB3 I-140
Pros: Chances of getting an approval under this new EB3 I-140 is more compared to appealing the old EB2 application (the old application also includes and the request to convert EB2 into EB3)
Cons: Definite loss of my wife's EAD. Also since the labor is on Aug 2006 they have a common expiration date of Jan 2008. All labors from June 2007 (somewhere around that time) expire 6 months of the approval date and I-140 within that 6 months only will be considered for processing. Since we have passed the Jan 2008 period my lawyer is saying the new I-140 can also get rejected. the only argument we can place is, the processing time taken/length of old I-140 processing and the suggestion given on old I-140 denial notice dated march 1st week.
I am wondering whether we can do an MTR (Motion to re-open on the old application). This option is not mentioned by USCIS or lawyer. I am wondering whether this option will eliminate the appeal/new I-140 application within 33 days previlege
. My answer to my attorney regarding the next course of action depends on your advice(s) very much.
Thanks in advance and I really appreciate who posted replies to my questions earlier.
Enggr:
Labor approved 2006 Aug EB2
I-140 applied 2006 Nov EB2
I-140 RFE 2007 Sep
RFE response 2007 Nov
I-140 denied 2008 Mar
I am so sad to tell the fact my I-140 got denied after the RFE response. In response to the RFE in September my lawyer responded to the RFE in November and the result came early this month (march 2008).
In the RFE response in last November my lawyer told USCIS that the category was marked wrong as EB2 where the case should be actually under EB3.
USCIS denied the application saying that application cannot be approved under EB2 and request for EB3 cannot be entertained at this point.
The following are the words from USCIS denial notice.
"The petitioner indicated that it had made an error in marking the petition form and that the petition should be considered one requesting the beneficiary's classification under a different section of law. However, since the petition was filed for second-preference classification and was initially adjudicated on that basis, USCIS will not at this stage consider it for some other classification.
In accordance with a USCIS announcement dated on May 23, 2007, the petitioner may elect to file a new petition on the beneficiary's behalf requesting a different visa classification but supported by the instant labor certification.(A motion making this request would be denied.) If the petitioner elects to persue this option, it should include a cover letter which explains the request, include a copy of this denial notice, and clearly report that the original labor certification is with LIN XXXXXXXXXX housed in AXXXXXXXXX. "
Also mine and my wife's I-485 got denied on the same day. In the denial notice of I-485 USCIS has mentioned that "The regulation does not provide for an appeal to this decision."
We are planning to file a new labor certification by end of this month as the current one is 99% a gone case
As you all know I was trying to save this application to save my wife's EAD.
Please help me with one of the options below.
Regarding my rejected I-140 I have two choices as per USCIS and my lawyer. Either of them should be filed 33 days from first week of march. Doing both of the below options at the same time will result in automatic rejection of both
1) Appealing the decision
Pros: My wife gets a chance to win her EAD back which is a big win for us
Cons: USCIS has indicated in the rejection notice that they are rejecting the I-140 because it does not qualify for EB2. they added that our request for converting it into EB3 cannot be entertained at this moment of time. So chances of winning the appeal is small compared to filing new I-140 as per my lawyer
2) Applying new EB3 I-140
Pros: Chances of getting an approval under this new EB3 I-140 is more compared to appealing the old EB2 application (the old application also includes and the request to convert EB2 into EB3)
Cons: Definite loss of my wife's EAD. Also since the labor is on Aug 2006 they have a common expiration date of Jan 2008. All labors from June 2007 (somewhere around that time) expire 6 months of the approval date and I-140 within that 6 months only will be considered for processing. Since we have passed the Jan 2008 period my lawyer is saying the new I-140 can also get rejected. the only argument we can place is, the processing time taken/length of old I-140 processing and the suggestion given on old I-140 denial notice dated march 1st week.
I am wondering whether we can do an MTR (Motion to re-open on the old application). This option is not mentioned by USCIS or lawyer. I am wondering whether this option will eliminate the appeal/new I-140 application within 33 days previlege
. My answer to my attorney regarding the next course of action depends on your advice(s) very much.
Thanks in advance and I really appreciate who posted replies to my questions earlier.
Enggr:
Labor approved 2006 Aug EB2
I-140 applied 2006 Nov EB2
I-140 RFE 2007 Sep
RFE response 2007 Nov
I-140 denied 2008 Mar
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gc_in_30_yrs
09-14 06:33 PM
gc_in_30_yrs
Your ideas are like this !!!!!!!!!!!!!!!!
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vGayalu - thanks for letting us know your ideas in the latest fashion.
these are my thoughts not ideas.
I welcome and encourage everyone to share their thoughts / opinions. I learned some good points from these posts today.:)
Your ideas are like this !!!!!!!!!!!!!!!!
��՟��� ���p�� �X� �Æ�Z-X�A �X������
�����-骜�f ��֪���, ��u��-{՜�:��՟��� >��x ��M-��թ� ƪ��-��j� X����-Ō�� ��C��-�ê��... ���p ���F-��-¹�-�֪� ��Ō%-Ōy��� X�J-�ĩ� ��¹~-Ō�� '����-��կ� ��՜� ���-�o��q Ƣ�� ��-�-X�-��բ��� N��ǒ�� ���Jh�-*�C. Ō�� �X���u¹ ���*-¹�� ���p ��X�-��d� '��t��d ��M-�Ϣ-����Xj ��u��Eo �X�͌�-J�-*�C. >��x-��n-��� ��M��� ��բ��â��� ƢC-���h�o NP��d 殫�¹� ��Ǣ�� ���Jh�X�� �ë��� ��� �X�����բ. ��M��� ��բ��â��E�� ���-��uX�h ���Jh�X�� �ë��� X�{x ��Ǫ�Ō �X�-��-��Z-X�A ��j��-��-�Ϣ�� 冑�-��� �G�-ʢ-��-ʩ� ��L-�Ī��. -�ժ�-��jX�� E��-��-�ǟ� ꪢ>�� �.�-��.�. ���Jh�X�� �G��-*�C.
vGayalu - thanks for letting us know your ideas in the latest fashion.
these are my thoughts not ideas.
I welcome and encourage everyone to share their thoughts / opinions. I learned some good points from these posts today.:)
vik123
08-15 11:55 AM
Hi guys,
My checks got encashed yesterday.My application reached at NSC at 8:26 A.M. on july 2,2007.It looks like they are working on our applications.As long as our papers are filed correctly,we shouldn't worry.I was also anxious like you. Just have patience.
My checks got encashed yesterday.My application reached at NSC at 8:26 A.M. on july 2,2007.It looks like they are working on our applications.As long as our papers are filed correctly,we shouldn't worry.I was also anxious like you. Just have patience.
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perm2gc
12-29 07:28 PM
Hello all...
being on H4 for the past 4yrs scenario...?
what are the chances of the H1b approval being 4yrs on h4...? as in how strong is the resume being..?
will they question about the past 2 yrs of H1 status...asking cos I was dint work for a while as I dint get a project..?
converting to H1 in such a situation, will this be risky and asking for trouble..?
They may look at your H1B record.The approval depends on the officer who handles in your case.Contact a good immigration attorney.
being on H4 for the past 4yrs scenario...?
what are the chances of the H1b approval being 4yrs on h4...? as in how strong is the resume being..?
will they question about the past 2 yrs of H1 status...asking cos I was dint work for a while as I dint get a project..?
converting to H1 in such a situation, will this be risky and asking for trouble..?
They may look at your H1B record.The approval depends on the officer who handles in your case.Contact a good immigration attorney.
more...
r_mistry
11-06 02:55 PM
Hi Guys -
I filed my I485/EAD/AP at Nebraska on July 24th, 2007. Got receipts for all of them on September 19th. Done FP on October 23rd for myself and my wife and saw a LUD on I-485 a day after. EADs were approved and received on October 10th. But i have not received AP yet. Looks like my application is still with NSC. Never got a transfer notice or anything and online status also shows "Case received and pending at Nebraska".
There is only one LUD on AP and that was on September 21st. Nothing after that.
Anybody in the same boat? Do i need to make an infopass to get more information on this. I need to travel in December and want to make sure i get AP before that.
Many thanks in advance for your responses
I filed my I485/EAD/AP at Nebraska on July 24th, 2007. Got receipts for all of them on September 19th. Done FP on October 23rd for myself and my wife and saw a LUD on I-485 a day after. EADs were approved and received on October 10th. But i have not received AP yet. Looks like my application is still with NSC. Never got a transfer notice or anything and online status also shows "Case received and pending at Nebraska".
There is only one LUD on AP and that was on September 21st. Nothing after that.
Anybody in the same boat? Do i need to make an infopass to get more information on this. I need to travel in December and want to make sure i get AP before that.
Many thanks in advance for your responses
aadimanav
05-15 05:50 PM
Diid yu get an Answer for this my company might be applying in eb3 may be though i have masters degree in comp scince in USA , will this be of any help to folks like us.
How about this scenario:
EB3 applicant starts the Masters (in STEM) from US University after the labor is filed and completes while 485 is in pending status.
How about this scenario:
EB3 applicant starts the Masters (in STEM) from US University after the labor is filed and completes while 485 is in pending status.
more...
BharatPremi
07-12 01:25 PM
07/08/07 2:45 PM EST : FOX News interviewed the attorney who filed the first suit on the Visa date fiasco on behalf of a Polish woman in the Chicago area. The anchor started off the interview by making a reference to "hi tech workers" and that some of these folks were in the British terror plot !! "Why are you filing the lawsuit when your client can apply for the GC in Oct?" !!Anyway, the attorney was quite articulate in explaining the issue. Guess who followed the attorney ... Rep Tom Tancredo who called this a "minor inconvenience" before stating he wants all immigration to be halted!!
Ignorance rules the debate .. hardly any surprise
Perhaps the pretention of the ignorance to keep American mass ignored..
Ignorance rules the debate .. hardly any surprise
Perhaps the pretention of the ignorance to keep American mass ignored..
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snathan
12-21 09:58 PM
I do have very different experience. I never had any issues with the indian consulate. couple of months back I have sent the papers for my daughter's PIO card. With in two weeks I got the PIO in mail.
more...
pappu
11-02 12:55 PM
WOW...
In a matter of minutes my indicator has gone to 3 reds. Am I missing something... ?!!!
People do not like gloomy predictions. :)
Here is a positive prediction for a change. EB3 I may move a bit.;)
In a matter of minutes my indicator has gone to 3 reds. Am I missing something... ?!!!
People do not like gloomy predictions. :)
Here is a positive prediction for a change. EB3 I may move a bit.;)
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shamu
01-10 11:16 AM
Shamu
Hospitals will NOT provide medical insurance. They can provide financial assistance based on your income if you do qualify. Usually it is a payment plan after some discounts on the total cost of the care provided.
Secondly if you are looking for maternity coverage after getting pregnant the premiums are going to be high, and mostly the insurance companies deny coverage.
Thirdly i would check with your local medicaid office which on occasion do provide emergency maternity coverage even for legal immigrants in some states.
Medicaid, I believe I don't quality because of my pay.
I am looking for some payment options from Hospitals which take care from prenatal to Delivery. I have individual insurance but, that would not cover maternity insurance. In Texas you would not get individual insurance with maternity.
But I have learn't that when you have individual insurance would cover all complications of delivery, including new born baby, but not regular delivery charges.
I hope some one on this forum would have some good information which would be helpful to me.
Any one reading this post, please provide your suggestions or ideas. That would be really helpful.
Thanking in advance.
Hospitals will NOT provide medical insurance. They can provide financial assistance based on your income if you do qualify. Usually it is a payment plan after some discounts on the total cost of the care provided.
Secondly if you are looking for maternity coverage after getting pregnant the premiums are going to be high, and mostly the insurance companies deny coverage.
Thirdly i would check with your local medicaid office which on occasion do provide emergency maternity coverage even for legal immigrants in some states.
Medicaid, I believe I don't quality because of my pay.
I am looking for some payment options from Hospitals which take care from prenatal to Delivery. I have individual insurance but, that would not cover maternity insurance. In Texas you would not get individual insurance with maternity.
But I have learn't that when you have individual insurance would cover all complications of delivery, including new born baby, but not regular delivery charges.
I hope some one on this forum would have some good information which would be helpful to me.
Any one reading this post, please provide your suggestions or ideas. That would be really helpful.
Thanking in advance.
more...
jax999
01-29 05:31 PM
Anybody Travelled with only Advance Payrole through Frankfurt recently please post ?
where they will check for transit visa in usa while boarding or in frankfurt or in india while return ?
My nationality is Indian. Presently i am residing in USA . I have " Advance Payrole Document " . I am planning to travel in this February 2011 from " Atlanta -> Frankfurt -> India(Hyderabad) " and return is in May 2011 from " India(Hyderabad) -> Frankfurt -> Atlanta " in lufthansa airways.
So shall i go for this round trip with a valid " Advance Payrole Document " only ? or i need to have " Air Transit Visa ? If i need Air transit Visa could you please let me know how to apply and what documents i need to submit .
please help already buyed tickets from lufthansa website. non refundable ticket. before that one time i cancelled ticket. airport transit visa shall we apply by post/mail ? in person cant go because very far totally 30 hors drive that too with infant driving not possible . please help ?
While pending i-485 if i applied for German airport transit visa is there any negative concerns because of that ?
Please reply soon . I really appriciate you . Thank You.
where they will check for transit visa in usa while boarding or in frankfurt or in india while return ?
My nationality is Indian. Presently i am residing in USA . I have " Advance Payrole Document " . I am planning to travel in this February 2011 from " Atlanta -> Frankfurt -> India(Hyderabad) " and return is in May 2011 from " India(Hyderabad) -> Frankfurt -> Atlanta " in lufthansa airways.
So shall i go for this round trip with a valid " Advance Payrole Document " only ? or i need to have " Air Transit Visa ? If i need Air transit Visa could you please let me know how to apply and what documents i need to submit .
please help already buyed tickets from lufthansa website. non refundable ticket. before that one time i cancelled ticket. airport transit visa shall we apply by post/mail ? in person cant go because very far totally 30 hors drive that too with infant driving not possible . please help ?
While pending i-485 if i applied for German airport transit visa is there any negative concerns because of that ?
Please reply soon . I really appriciate you . Thank You.
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kondur_007
06-10 08:22 PM
The fact is republicans don’t like non whites to immigrate to US and the democrats are color blind to most extent but they are class conscious, they like illegals and poor people to immigrate to US because they can control them whereas they cannot control and herd the EB immigrants.
"reforming" the US immigration system by introducing a points based system where even existing applicants like the EB folks who have been in US for the last 10+ years have to re apply in points based nonsense system.
We will all have to fight for our cause but don’t have unrealistic expectations from CIR. Our best bet is a non cir piece meal bill visa recapture bill that addresses EB issues seperate from CIR, it is difficult to get such a bill passed but the chances for such a bill are better then Obama-durbin cir
You echoed my feelings about CIR...
My biggest fear is "choking up of the already inefficient system"...currently we at least can apply for something and expect it to be processed in few months (longer in some cases), get our EADs and APs renewed, call customer service with questions (although don't get needed info in most cases), get infopass....when they try to deal with "blue cards" and Z visas of 12 million plus illegals, none of this will be available.
And I do not want to start GC process from "scratch" in point bases system when I have spent so much time, money and energy in the current process...
Only and only Ron Gotcher can say "once CIR passes, everything will be current and stay current..." DREAM COME TRUE!
"reforming" the US immigration system by introducing a points based system where even existing applicants like the EB folks who have been in US for the last 10+ years have to re apply in points based nonsense system.
We will all have to fight for our cause but don’t have unrealistic expectations from CIR. Our best bet is a non cir piece meal bill visa recapture bill that addresses EB issues seperate from CIR, it is difficult to get such a bill passed but the chances for such a bill are better then Obama-durbin cir
You echoed my feelings about CIR...
My biggest fear is "choking up of the already inefficient system"...currently we at least can apply for something and expect it to be processed in few months (longer in some cases), get our EADs and APs renewed, call customer service with questions (although don't get needed info in most cases), get infopass....when they try to deal with "blue cards" and Z visas of 12 million plus illegals, none of this will be available.
And I do not want to start GC process from "scratch" in point bases system when I have spent so much time, money and energy in the current process...
Only and only Ron Gotcher can say "once CIR passes, everything will be current and stay current..." DREAM COME TRUE!
more...
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raj2007
05-14 08:07 PM
As far as I know, Fiancee visa is only for Fiancee of Citizens, not for GC folks.
Someone pls confirm.
You are right..Financee visa is for citizens only..
Someone pls confirm.
You are right..Financee visa is for citizens only..
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abhijitp
01-13 05:18 PM
wGpSCdeEkB4
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NKR
10-21 03:18 PM
Despite of my request on RED dots and interpretation issues,
Some one gave me a RED dot for this posting. It is as follows
1. Interpretation issues... 10-21-2008 03:40 PM What is "con traversal" dear ? ))
Guys, we need keep away these kind of people from IV participation. There should be some restrictions (rules and regulation). These are the people who don't know what they are doing. GOD only can save them.
We are here for to work and live and represent as a forum to fight against a broken system. Looks like we have issues among us.
We either take away GREEN/RED dot concepts from bothering others or do some thing else (display who has given RED/GREEN dots).
Core member do some thing.
The least you can do is ignore the dots, the more you talk and complain, there are people wanting to give you more, it is like this.. the more I listen to Shawn Hannity, the more I turn democrat.
Some one gave me a RED dot for this posting. It is as follows
1. Interpretation issues... 10-21-2008 03:40 PM What is "con traversal" dear ? ))
Guys, we need keep away these kind of people from IV participation. There should be some restrictions (rules and regulation). These are the people who don't know what they are doing. GOD only can save them.
We are here for to work and live and represent as a forum to fight against a broken system. Looks like we have issues among us.
We either take away GREEN/RED dot concepts from bothering others or do some thing else (display who has given RED/GREEN dots).
Core member do some thing.
The least you can do is ignore the dots, the more you talk and complain, there are people wanting to give you more, it is like this.. the more I listen to Shawn Hannity, the more I turn democrat.
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nrk
10-30 03:55 PM
Yeah rb_248, relieved now.
That sounds like good news. You must be relieved.
That sounds like good news. You must be relieved.
more...
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humdesi
11-21 10:50 PM
If you're talking about rent vs buy, everything you've said or will say has already been discussed here:
http://www.getrichslowly.org/blog/2007/07/16/renting-vs-buying-the-realities-of-home-buying/
http://www.getrichslowly.org/blog/2007/07/16/renting-vs-buying-the-realities-of-home-buying/
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smuggymba
05-12 03:29 PM
DREAM Act Re-introduced in the Senate
A day after President Obama gave a speech on immigration, Senators Richard Durbin, Harry Reid, Robert Menendez and 30 others re-introduced the Development, Relief, and Education for Alien Minors (DREAM) Act that would allow young undocumented people to apply for legal status if they join the military or attend college for two years.
Each year about 65,000 undocumented students who were brought to the U.S. by their parents, often as very young children, graduate from high school and face a bleak future because of their status. Last fall, despite President Obama�s strong support, the DREAM Act passed the House but failed to attract the 60 votes needed to end a Senate filibuster.
Chung-Wha Hong, executive director of the New York Immigration Coalition welcomed the move, but pointed out that the bill faces a slim chance in the current Congress and said the President should use the authority of his office to protect young undocumented immigrants.
A day after President Obama gave a speech on immigration, Senators Richard Durbin, Harry Reid, Robert Menendez and 30 others re-introduced the Development, Relief, and Education for Alien Minors (DREAM) Act that would allow young undocumented people to apply for legal status if they join the military or attend college for two years.
Each year about 65,000 undocumented students who were brought to the U.S. by their parents, often as very young children, graduate from high school and face a bleak future because of their status. Last fall, despite President Obama�s strong support, the DREAM Act passed the House but failed to attract the 60 votes needed to end a Senate filibuster.
Chung-Wha Hong, executive director of the New York Immigration Coalition welcomed the move, but pointed out that the bill faces a slim chance in the current Congress and said the President should use the authority of his office to protect young undocumented immigrants.
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paskal
12-20 05:30 PM
if the entire quota for EB2 is not allotted in a year, then the numbers are being sent down depite retrogression in india and china. that is how you know. every visa allotted to EB2 should be used within....if there is extra it's used by india/china.
The devil is in the details....What do they determine during the year that there are additional visas available ??? In that question lies the whole issue...
The state dept. would not give the number usage statistics until the year has ended..The laws say something...the Babus in Washington interpret it in their own way and donot explain anything....How do you make them tell their interpretation ????
The devil is in the details....What do they determine during the year that there are additional visas available ??? In that question lies the whole issue...
The state dept. would not give the number usage statistics until the year has ended..The laws say something...the Babus in Washington interpret it in their own way and donot explain anything....How do you make them tell their interpretation ????
syzygy
07-10 09:17 AM
These losers have some infatuation with word "WAR* LOOOOO Doub labels us as *War on middle class* What a joke !
http://youtube.com/watch?v=Fx--jNQYNgA
Let's send as many letters to CNN and get his ass fired.
http://youtube.com/watch?v=Fx--jNQYNgA
Let's send as many letters to CNN and get his ass fired.
reddog
02-27 05:13 PM
Regardless of the incorrect forum to tell about yourself, your story has serious flaws.
you are just telling us your side of a photoshopped story.
Even after you are here illegally, you can correct things and take a legal turn. there are so many cases where people who have overstayed or crossed over illegally, got themselves deported and or brought themselves out of the closet and applied and got their citizenships.
Also, bcos you spent 30 years in the country, you should be given a priority over a kid from your country who kept applying for a green card lottery every year, trying to enter the US legally?
to make matters worse, you stayed illegally in a country and did not follow the rule of law.
you are just telling us your side of a photoshopped story.
Even after you are here illegally, you can correct things and take a legal turn. there are so many cases where people who have overstayed or crossed over illegally, got themselves deported and or brought themselves out of the closet and applied and got their citizenships.
Also, bcos you spent 30 years in the country, you should be given a priority over a kid from your country who kept applying for a green card lottery every year, trying to enter the US legally?
to make matters worse, you stayed illegally in a country and did not follow the rule of law.
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