Application returned from Buffalo because out of status in the US. Seniors help!

[mjsantos]

I current live in the US and I am out of status. I was not lawfully admitted for a period of 1 year, but 6 months. I sent my application to Sydney and I put in the application I had no status. It was assessed and I was still requested to send my documents to Buffalo instead of home country. I sent all my documents to Buffalo and in a cover letter I put down I was out of status here and requested them either to accept my application and process it or transfer it to my home country. I just received my application back from Buffalo requesting me to submit proof of status here. Since I do not have it, what should I do? Should I send back my application and request them to transfer it t my home country since I do not have proof of status here or should I contact Sydney?

Thank you.

[Maaties]

I think Sydney doesn't check anything except Ministerial instruction (and maybe some other stuff but few). They might not have checked whether you were eligible to apply through Buffalo.

You should mail or contact Sydney to see if you can transfer your file to your home country and once they okay it, then mail your application to your home country.  Anyway, this is what i would do if i was in your situation.

I don't think sending the application back will work, because you did ask them to transfer to your home country then anyway.

If all else fails, then send a new application to Sydney.

If you want to reduce your risk of being denied by Buffalo or Buffalo taking too long to reply (and wasting time), while you ask Buffalo to transfer your application to your home office, you could send in a fresh application to Sydney (it will cost you some money, which will be  refundable anyway). What do other's think? Will this work?

[NewYorker]

You cannot have two applications at the same time, you need to withdraw one and submit another - Even though this may not work, what you can do is send the 6 month status you had in the US, it may fly or may not and your application stays at Buffalo.

OR

You have already asked for transfer, so send a cover letter with the 6 month status explaining you want them to transfer your file to your home country, if they transfer the file, you will be all set, if they won't they will reject and you need to apply again.

[PMM]

Hi

You cannot have two applications at the same time, you need to withdraw one and submit another - Even though this may not work, what you can do is send the 6 month status you had in the US, it may fly or may not and your application stays at Buffalo.

OR

You have already asked for transfer, so send a cover letter with the 6 month status explaining you want them to transfer your file to your home country, if they transfer the file, you will be all set, if they won't they will reject and you need to apply again.

If the OP was not admitted to the US for a year, Buffalo will not process the file and it is extremely unlikely they will transfer it.  Most likely refuse under Section 11 of the Act.

PMM

[Maaties]

then is the best route for the OP to cancel that application and start a new one?

[mjsantos]

What is the most appropriate action I should take?

Thanks.

[NewYorker]

Wait for their reply (this will waste more time) or ask for a early withdrawal.

[mjsantos]

Guys, I sent my application back to Buffalo along with a well-written letter explaining the situation and requesting them to transfer my application to my home country. How long do you think I should hear from them?

Cheers.