Immigration related

[Voin]

Hi there!

Short background. I am on H-1B (non-immigrant). 100% legal. 8th year already. 3 failed attempts to get Green Card. Still fighting for 4th one. Wish me luck

Unfortunately for me, I am gun addict. I spent enough money on gun rents and ammo to buy close to 10 guns. So I decided to try my luck on non-immigrant alien with hunter's license route.
Sure enough, it resulted in Brady denial. I got my appeal file from FBI in a mail today. They claim that I am illegal alien. I called and they told me that ICE returned expired I-94 on me. Looks like they missed my first status change, and according to their database - I am illegal alien.

I will send them response with notarized copies of my I-94's. But I assume it will not change anything until ICE fix information about me in their database.

My problem is - I have no idea how to approach this problem. ICE have no customer service contact information on their web site. Phone they have is for "reporting illegal activity". I doubt it's the one I should use. Plus, I have no idea what to ask from them. Can I request my records from their database under Freedom Of Information Act? But there is another problem. They ask to specify what information do I need. How do I know what I need if I don't know what they collect?

Anyway, I wonder if there is anyone who is familiar with ICE/USCIS interface or may be there is some one here who dealt with similar problem before?

I can go to my atterney, but I fear it will cost me more than another 10 guns.

Thank you in advance.

 

[Waitone]

Good luck. You have precisely identified the problem with this monster we call homeland security. I'm dumb as a stump when it comes to immigration law so I'll offer advice worth what you paid for it. Be careful about pushing the gun angle as it could draw unwarranted conclusions you would just as soon not have drawn. Aside from the cost impact of renting firearms, you have a larger problem in that you may be considered an illegal alien by part of the bureaucracy and not other parts. I'd be worried about the impact on employability. Don't get yourself in the grinder we call HS. At a minimum I would craft a letter complete with delivery receipts to your senators and representatives in DC letting them know you are an illegal alien due to bureaucratic stupidity.

 

[Pat-inCO]

If everything is as you represent, simply draw together a FULL set of notarized copies of all related documentation and go to the Sheriff's office. I'm sure they will be happy to resolve your dilemma.

 

[Chipperman]

My condolences on your situation

Be careful about pushing the gun angle as it could draw unwarranted conclusions you would just as soon not have drawn.

I agree with that. Pursue it as a matter of Immigrant status, but don't say anything to anyone about guns.

 

[hvengel]

You might consider a consult with an immigration lawyer. Most lawyers will not charge you anything for the first consult. Since this appears to be a fairly simple "paper work" screw up on the part of .gov he/she will either just tell who who to contact and what to do and send you on your way or offer to handle it for a small fee. This should not be too difficult to fix but you should be focusing on this as an immigration problem and until that is fixed stay away from the gun side of this since there is little you can do on that front until the immigration issue is settled.

The fact that you provided copies of the related paper work to the FBI is OK because they now have those records in hand and will likely conclude that it is a paper work issue not of your making. I would expect them to get back to you and say something like please go to the immigration service and have them correct their records and then next time this will not be an issue.

 

[boatbod]

Outside of retaining an immigration lawyer, or calling your company's one, I think you could probably start by scheduling an Infopass appointment at your local USCIS district office. When you get there, you can explain the problem (to a greater or lesser extent, depending if you want to mention the gun thing), and ask the officer if they can look up your status. Hopefully they can then recommend a path to sorting this mess out.

Good luck!
(I've had my share of dealings with USCIS, and thankfully am now a naturalized US citizen after a long and winding immigration road.)

 

[Wetawd]

A Friend of mine had a girlfriend that was labeled an "illegal alien" when she went to get her drivers license so she got a lawyer that specialized in that area and he cleared it up pretty quickly.

 

[GRIZ22]

If everything is as you represent, simply draw together a FULL set of notarized copies of all related documentation and go to the Sheriff's office. I'm sure they will be happy to resolve your dilemma.


This will accomplish nothing. A Sheriff has no authority to correct immigration status. This has to be done by ICE or Citizenship Services.

 

[Voin]

Thank to everyone for the input. I did some research, and things don't add up. I had six I-94 with extensions and amendments, since I entered the country. I can imagine one status change was lost in a mail between ICE and USCIS. But five of them? In a row? That's not possible.
I went though pretty detailed background check, before I got my current assignment 2 month ago. It returned clear.

I did some research on the Net about denials to NIA (non-immigrant aliens). And it seem to be pretty common thing. In fact, it's close to 50/50, from what I hear. There was even a suggestion about NICS intentionally send a denial to NIAs to get "closer look" to their papers and fingerprints, when they file an appeal.
I don't believe in government conspiracies, but I allow a possiblity for situation where NICS is getting only partial information from ICE. Something like border crossing records, but not status changes.

I think best tactic for me is to stay reactive and not attempt any pro-active stuff. I will send my papers (copies, of course. It's illegal for me to be without original I-94) to NICS along with my fingerprints, VAF application and letter with explanation of my situation. We will see where it will go from there. If they sustain a denial and request ICE info to be fixed before they change their decision - there will be three choices.
1. I can try to obtain copy of record, which NICS got on me and if this record is incomplete or they misrepresented the information to deny my lawful application - it's a recipe for nice, juicy lawsuit.
2. Or I can sit tight for next six-eight month and wait for my Green Card. There have to be check with ICE on adjustment of status step. If anything bad pop up on this stage, it will be a problem for our corporate lawyer. Since we did paid all fees and followed all regulations, I don't see how they can win it in court.
3. Or I can go to Infopass (thank for tip) and try to straighten things up on my own. I am bit heisitant to do this, since H-1B involve not only me, but also my employeer. So, if I go there, I will have to let them know about current situation. And it will cost me dearly on legal fees.

That's the plan.

PS: It's pretty sad that I have to prove my innicence agin and agiain. So much for "not guilty, unless proven so in a court of law". /sigh

 

[Voin]

An update. I got mail from the FBI. They approved my appeal, so I am not Brady Denied any more.
I just sent them a mail with explanation letter, copies of my I-94 forms (not notarized) and my fingerprint card.

I also sent an application for VAF, but they didn't take it. Apparently, under the law, FBI have to check all firearms purchases from all NIA, so they returned my application and finger print card.

Thanks to everyone for the support.

 

[Aguila Blanca]

Your post does not indicate where you are. With all you have been through, at some point you must have physically visited an ICE field office. My wife had some problems when it was time to convert her green card from conditional to permanent. Trying to accomplish anything by telephone, mail or e-mail was unproductive. The only way we accomplished anything was by walking into the ICE field office in the state capital city and speaking directly to an agent. To my great surprise, they were (a) knowledgeable; (b) friendly; and (c) helpful.

 

[Voin]

Aguila, I am in New Mexico. I am also surprised about NICS decision. From what I hear, they were supposed to sustain denial, because ICE still report wrong information on me, but they approved it anyway.

 

[Patrick Henry]

If you don't mind saying Voin, where are you from? I am guessing your mother tongue is either slavic or east asian.

 

[Voin]

You guessed right. Short answer - Russian. Long one - Belarus (small country between Russia and Poland. Home of last european dictator and his loyal subjects).

Voin = Trooper. As Iron Maiden's "The Trooper". I am big fan.

 

[Patrick Henry]

If you are wondering how I knew, it is your frequent omission of the definite and indefinite article ("the", "a", "an"). It's a tell-tale sign your mother language does not have them. I didn't realize about your name -- that is cool. Don't worry, from what I can see your English is otherwise excellent. Just be glad English has only 3 articles. (German has 16 definite and 12 indefinite :banghead

I met two girls from Belarus while studying here in Germany. If they are any indication, Belarus produces very lovely women indeed.

I wish you good luck in America...we need more immigrants from Europe.

 

[Just Jim]

Just abide by the law, that's all we Americans ask.

jj

 

[Voin]

That's why I did it 100% by the books. And that is why I decided to immigrate. I am just too tired to continue to play on uneven field.

Thaks again for all your support and warm words. I really appreciate it.

 

[Picard]

Now that you can, buy some nice guns and support the ideals and values that this country was founded upon.

 

[Voin]

Started kinda trivial Beretta 92FS. Blue. I love Beretta. Best 9 mm recoil ever. (at least from ones I tried)

 

[Destructo6]

You say you have a valid H1B visa? Well, where is it?

Take your visa, passport, and any other related paperwork to your local ICE office and present them, along with your problem.

You mentioned an I-94: were you a student before this H1B? It is my understanding that F, M, and J series visas are required to return to their country for a period before being considered for any other visa.

 

[GRB]

I am familiar with ICE, and to some degree with USCIS. I am an ICE agent (please don't go there, it is not what I wanted, I used to be a Customs agent and was quite happy as one - then 9/11, then DHS, then the split to ICE and CBP).

To have a problem with your I-94 record corrected you probably should go to, or through, or at least first contact your local USCIS office since they handle processing status changes and the like. You also probably should strongly consider having an Immigration Attorney represent you.

As for hiring an attorney and the cost of it, USCIS (which is a service agency) should be able to provide you with a list of low cost, or free, attorneys to help you with your problem. When an illegal alien is arrested by ICE, an ICE agent is or at least was in the not too distant past, required to provide this list to the alien.

Please do not ask me for anything specific on your case, I would not be allowed to check it, or discuss it in even the slightest fashion.

All the best,
GB

 

[GRB]

Whoops - somehow missed that you got approved when I posted the above, but it is still good advice when you have a problem with status.

 

[JohnBlaze]

That's why I did it 100% by the books. And that is why I decided to immigrate. I am just too tired to continue to play on uneven field.

Thaks again for all your support and warm words. I really appreciate it.

I feel you on this, I went thru alot of crap when I got my US Citizenship, alot of going in circles and bureaucratic red tape. I got some kind of idea what the Jews in Lebanon must have felt like when the fire got close.

 

[Voin]

Glenn, I am glad that you answered. I still have my suspicions about this whole transaction. What NICS did (approval) is not in their rules. They are not supposed to change their decision until all reporting sources clear the transaction.

So, my question to you - do ICE keep records only on border crossings or they have information about status changes also?

 

[sernv99]

Belarus is the only former Soviet state that still likes to use the words "KGB" for their security services.