10 years ban or not?

[Shauneg 762]

How long do you have to voluntarily depart? I though it 120 days and according to you timeline it's been 17 months. You can't adjust even if married to a USC unless you had the case reopened and thrown out. I'm pretty sure you were supposed to do that within 90 days of case closed.....which was 17 months ago.

You've said you didn't leave the last 10 years because you were married and had children. Why wait to file the 130 until after your removal procedings (you alluded to still waiting on your noa 1)? Ten years after you were first determined to be out of status, though I know you were readmitted. I'm not sure when you got married but it couldn't have been recent because you said you've be staying the last ten years out of status because of them, Had you filed before, you would have been ok.

Edited June 16, 2015 by Shauneg

[schizzo_fg 1]

The first few pages is misleading and mainly irrelevant.

He is the US he has no 10 year ban.

At least not yet, but if I decide to leave, most likely the consular officer at consular processing interview will put 10 year ban because of that letter from USCIS date 2005. I am requesting FOIA so I can see exactly what happened and what documents they have that I may not know that made them deny my reinstatement when I had already taken care of by being fully re-admitted into the US with F-1 status in Oct 2004.

Plus, the way I understand it, an I-539 is considered abandoned once one leaves the US (don't know very well). But if that's the case why did they still go ahead and issue denial, after I had already re-instated, left the US.

It is as if they had not seen my departure to Canada at all and that therefore they denied based on what visibility they had at the time in my records. Maybe DSO didn't update them, maybe CBP didn't communicate timely enough to USCIS.. ... I don't know, it's just extremely odd.. ... It's driving me crazy!

[schizzo_fg 1]

How long do you have to voluntarily depart? I though it 120 days and according to you timeline it's been 17 months. You can't adjust even if married to a USC unless you had the case reopened and thrown out. I'm pretty sure you were supposed to do that within 90 days of case closed.....which was 17 months ago.

You've said you didn't leave the last 10 years because you were married and had children. Why wait to file the 130 until after your removal procedings (you alluded to still waiting on your noa 1)? Ten years after you were first determined to be out of status, though I know you were readmitted. I'm not sure when you got married but it couldn't have been recent because you said you've be staying the last ten years out of status because of them, Had you filed before, you would have been ok.

Previous wife wasn't a USC, she couldn't have filed, that's why none of this was brought to the attention of the IJ during removal proceeding. Divorce was not even final yet!

I was put in removal proceedings, no charges were sustained yet by the judge. Judge went on the record and issued VD on March 15, leaving in a month. If I don't have a ban, I don't mind leaving for 6-12mo. to come back with green card through consulate processing.

The obsession with the unlawful vs unlawful presence is because of that: I'd rather leave by July 15th and wait for consular processing, than staying and fight an adjustment of status in court with the risk that the judge may not exercise favorable discretion to allow me continuance so the I-130 can be adjudicated in the meantime. However, If I leave and I'm stuck outside for 10 years, then it sucks!

Torn on what do, fight from here since I'm still here, fight for AOS... ... OR.... ... Obey the VD, leave and hope that I don't get the ban and if they do, file I-601 later on, but those are so hard to get approved, but possible!

Edited June 16, 2015 by schizzo_fg

[zuluweta 250]

Exactly.

Why are you commenting or replying to your own post? LOL

[Shauneg 762]

Why are you commenting or replying to your own post? LOL

Exactly. LOL.

[zuluweta 250]

Previous wife wasn't a USC, she couldn't have filed, that's why none of this was brought to the attention of the IJ during removal proceeding. Divorce was not even final yet!

So you married a US citizen AFTER removal proceedings began? Or your wife became a US citizen AFTER removal proceedings started?

Edited June 16, 2015 by zuluweta

[Boiler 43,430]

Hmm

I really do not know why you posted here when you have a Lawyer working on the case and you go into great detail on the irrelevant but drip feed the important stuff.

[Shauneg 762]

How long do you have to voluntarily depart? I though it 120 days and according to you timeline it's been 17 months. You can't adjust even if married to a USC unless you had the case reopened and thrown out. I'm pretty sure you were supposed to do that within 90 days of case closed.....which was 17 months ago.

You've said you didn't leave the last 10 years because you were married and had children. Why wait to file the 130 until after your removal procedings (you alluded to still waiting on your noa 1)? Ten years after you were first determined to be out of status, though I know you were readmitted. I'm not sure when you got married but it couldn't have been recent because you said you've be staying the last ten years out of status because of them, Had you filed before, you would have been ok.

Previous wife wasn't a USC, she couldn't have filed, that's why none of this was brought to the attention of the IJ during removal proceeding. Divorce was not even final yet!

What about the other things? You didn't answer any of that....

When did you get married to your current wife that you have kids with?

[Shauneg 762]

So you married a US citizen AFTER removal proceedings began? Or your wife became a US citizen AFTER removal proceedings started?

Married another it sounds like. I'm still trying to figure out how they're still here in their voluntary departure period when that started Jan 2014. Sounds like he got married after the fact, recently, and is trying to use the 130 and marriage to get out of trying to leave. It's impossible as the case had to be reopened and thrown out which can only be done with 90 days. That was 17 months ago.

Just what it looks like to me.

[zuluweta 250]

How long do you have to voluntarily depart? I though it 120 days and according to you timeline it's been 17 months. You can't adjust even if married to a USC unless you had the case reopened and thrown out. I'm pretty sure you were supposed to do that within 90 days of case closed.....which was 17 months ago.

You've said you didn't leave the last 10 years because you were married and had children. Why wait to file the 130 until after your removal procedings (you alluded to still waiting on your noa 1)? Ten years after you were first determined to be out of status, though I know you were readmitted. I'm not sure when you got married but it couldn't have been recent because you said you've be staying the last ten years out of status because of them, Had you filed before, you would have been ok.

Am I right in thinking that OP is now an immigration fugitive? Immigration fugitives are priority for deportation according to Obama's policy.

[schizzo_fg 1]

Married another it sounds like. I'm still trying to figure out how they're still here in their voluntary departure period when that started Jan 2014. Sounds like he got married after the fact, recently, and is trying to use the 130 and marriage to get out of trying to leave. It's impossible as the case had to be reopened and thrown out which can only be done with 90 days. That was 17 months ago.

Just what it looks like to me.

Yeah, married someone else, and had kids!

Am I right in thinking that OP is now an immigration fugitive? Immigration fugitives are priority for deportation according to Obama's policy.

Zuluweta,

you are entartaining to read! I'm in a period of authorized stay by the attorney general for your own information until July 15th! ... ...

[Shauneg 762]

Yeah, married someone else, and had kids!

Why didn't you adjust your status before the deportation procedings and wait until this far after? Almost a yeat and a half....

There's no point to file the 130 as you can no longer adjust since you volunteered to deport. If you wanted to argue the findings or you voluntary departure, you had to have to that within 90 days.

I'm still trying to figure out how you are legally here at the moment. Your departure period ended months ago....

Am I just missing something?

edit: saw you are here legally until July...

Edited June 16, 2015 by Shauneg

[zuluweta 250]

Married another it sounds like. I'm still trying to figure out how they're still here in their voluntary departure period when that started Jan 2014. Sounds like he got married after the fact, recently, and is trying to use the 130 and marriage to get out of trying to leave. It's impossible as the case had to be reopened and thrown out which can only be done with 90 days. That was 17 months ago.

Just what it looks like to me.

If your supposition is correct, this is a big, red flag to the immigration authorities. Divorced the non-USC wife because that marriage could not result in adjustment of status then remarried a USC. All while under removal proceedings. One would rightfully conclude the latest marriage is to thwart the removal procedure and hence reverse the voluntary departure judgment. Something not looked at kindly by USCIS when they evaluate the bonafides of a marriage that involves immigration of an alien spouse.

[schizzo_fg 1]

Why didn't you adjust your status before the deportation procedings and wait until this far after? Almost a yeat and a half....

There's no point to file the 130 as you can no longer adjust since you volunteered to deport. If you wanted to argue the findings or you voluntary departure, you had to have to that within 90.

I'm still trying to figure out how you are legally here at the moment. Your departure period ended months ago....

Am I just missing something?

Judge issued VD in March 2015, I'm in my 120 days.You may be confusing when I was first put in removal proceedings!

[Shauneg 762]

Yeah, married someone else, and had kids!

Zuluweta,

you are entartaining to read! I'm in a period of authorized stay by the attorney general for your own information until July 15th! ... ...

How do you get a date 18 months out? I thought it was either 60 or 120 depending in the situation?

Judge issued VD in March 2015, I'm in my 120 days.You may be confusing when I was first put in removal proceedings!

Ok....I was, sorry.

because you wrote this.. "Jan 2014 - I deny the charges, IJ goes on the record sustain the charges, ( he has access to the USCIS denial of I-539 letter dated 2005 as evidence I was out of status (although I re-sinstated status in 2004 by going to Canada). and grants Voluntary Departure."

Edited June 16, 2015 by Shauneg