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Filed: F-1 Visa Country: Italy
Timeline

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.

That's why the obsession with lawful vs unlawful, because I would hate to not get adjusted (if I did an MTR) and be left with a formal of removal on me and still have the 10 year ban. I'm doomed if I stay, I'm doomed if I don't! Either way, the sentence seems to be the same, 10 years ban... ... unless I can prove that USCIS wrongfully denied my re-instatement and omitted to look at the new re-instatement by departing to Canada.

If that happens, then I leave, no ban, will be back in 4-8 months with green card!

It seems to good to be true that I won't have the ban, but until I receive FOIA, I can't see exactly what made USICS decide to deny F-1 re-instatement. My 10 year ban depends on it!

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Filed: K-1 Visa Country: Philippines
Timeline

That's why the obsession with lawful vs unlawful, because I would hate to not get adjusted (if I did an MTR) and be left with a formal of removal on me and still have the 10 year ban. I'm doomed if I stay, I'm doomed if I don't! Either way, the sentence seems to be the same, 10 years ban... ... unless I can prove that USCIS wrongfully denied my re-instatement and omitted to look at the new re-instatement by departing to Canada.

If that happens, then I leave, no ban, will be back in 4-8 months with green card!

It seems to good to be true that I won't have the ban, but until I receive FOIA, I can't see exactly what made USICS decide to deny F-1 re-instatement. My 10 year ban depends on it!

Are you still within the 90 days (seem like you close as it happened in March) you have for them to reopen the and try to get in thrown out under those grounds? If so, you can try that and if granted you can adjust with your wife.

Edited by Shauneg
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Let me ask you this. I don't get it! You are saying that when you tried to re-enter the third time as a visitor in the US (after the overstay), that they told you you had a 10 year ban. What I don't get is how you ended-up in front of an immigration judge in the US, if you couldn't come in the US with the ban in the first place and if you were never put in removal proceedings. COnfused!

You wrote that you were arrested but the case was dismissed. Is that how ICE became aware that you were unlawfully here in the US? Were you booked, fingerprinted and your mug shot taken at the police station?

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Conditional Permanent Resident: 16 September 2014

Conditional GC Expires: 16 September 2016

ROC Journey (CA Service Center)

2016-Sep-14: I-751 form, check, supporting docs sent USPS Priority Express

2016-Sep-15: ROC application received & signed for by Lakelieh

2016-Sep-15: NOA receipt date

2016-Sep-19: $590 check cashed by USCIS

2016-Sep-20: NOA/ 1-year extension letter received in mail

2018-Feb-26: ROC case transferred to local office

2018-Mar-06: ROC approved via USCIS website (WAC status check)

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Filed: F-1 Visa Country: Italy
Timeline

You wrote that you were arrested but the case was dismissed. Is that how ICE became aware that you were unlawfully here in the US? Were you booked, fingerprinted and your mug shot taken at the police station?

Yes!

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Filed: F-1 Visa Country: Italy
Timeline

Are you still within the 90 days (seem like you close as it happened in March) you have for them to reopen the and try to get in thrown out under those grounds? If so, you can try that and if granted you can adjust with your wife.

I can definitely do that.. ... however my fear is that.. ... what if the judge gives me a very hard time and doesn't allow me continuances for my I-130 to be fully adjudicated (provided he re-opens my case), and gives me a hard time and all that? ... ...

Right now if I leave, I'm leaving under an order of Voluntary Departure. If I try to adjust from here with my wife and for whatever reason I lose, the moment that I submit an MTR during the voluntary departure period, the alternate order of removal becomes automatic on me. And if my case goes bad and I lose, I'd be leaving with an order of deportation on me, instead of the "supposed privilege" of Voluntary departure.

It's a tough choice, but I can still decide. If I leave and can't prove that USCIS made a mistake with that letter, consular officer will most likely put a 10 years ban on me. I I stay and I lose, I'm still going to have a 10 years ban with the addition of a formal order of removal on my head.

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The timeline is beginning to make my head spin somewhat, but if you married your current wife after removal proceedings were initiated then you must prove a bona fide marriage by a higher standard of proof, that being "clear and convincing evidence" that you did not enter into this marriage solely to confer immigration benefits on yourself.

The "clear and convincing evidence" is a standard that many people cannot meet.

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Filed: K-1 Visa Country: Philippines
Timeline

I can definitely do that.. ... however my fear is that.. ... what if the judge gives me a very hard time and doesn't allow me continuances for my I-130 to be fully adjudicated (provided he re-opens my case), and gives me a hard time and all that? ... ...

Right now if I leave, I'm leaving under an order of Voluntary Departure. If I try to adjust from here with my wife and for whatever reason I lose, the moment that I submit an MTR during the voluntary departure period, the alternate order of removal becomes automatic on me. And if my case goes bad and I lose, I'd be leaving with an order of deportation on me, instead of the "supposed privilege" of Voluntary departure.

It's a tough choice, but I can still decide. If I leave and can't prove that USCIS made a mistake with that letter, consular officer will most likely put a 10 years ban on me. I I stay and I lose, I'm still going to have a 10 years ban with the addition of a formal order of removal on my head.

Thanks for being patient and answering the questions. I wasn't trying to attack or insult, just trying to be clear on the facts. You are in a spot that's for sure. You may be too close to the 120 day to worry about trying to reopen the case so that you can adjut. I see that now.

I think it's in your best interest to leave and fight it while away and hope for the best for your family. It seems a ban is fairly likely, leaving on your is plenty better than being deported.

If you do get banned they will stamp your passport and input it into the system, you wouldn't have to wait for the CO. Did they or have they stamped you passport with anything?

Edited by Shauneg
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I can definitely do that.. ... however my fear is that.. ... what if the judge gives me a very hard time and doesn't allow me continuances for my I-130 to be fully adjudicated (provided he re-opens my case), and gives me a hard time and all that? ... ...

Right now if I leave, I'm leaving under an order of Voluntary Departure. If I try to adjust from here with my wife and for whatever reason I lose, the moment that I submit an MTR during the voluntary departure period, the alternate order of removal becomes automatic on me. And if my case goes bad and I lose, I'd be leaving with an order of deportation on me, instead of the "supposed privilege" of Voluntary departure.

It's a tough choice, but I can still decide. If I leave and can't prove that USCIS made a mistake with that letter, consular officer will most likely put a 10 years ban on me. I I stay and I lose, I'm still going to have a 10 years ban with the addition of a formal order of removal on my head.

In order for you to adjust status and get a green card, outcomes at critical junctures will have to align in the positive, beneficial direction for you.

First, the immigration judge must grant your motion to reopen. For your MTR to be granted, your circumstances must have changed significantly since the grant of voluntary departure.

Secondly, your I-130 petition for alien relative must be approved.

Then, you must be able to convince the judge that your latest marriage is bonafide and not entered into solely for immigration purposes.

Check my timeline for K-1 visa & AOS details

Conditional Permanent Resident: 16 September 2014

Conditional GC Expires: 16 September 2016

ROC Journey (CA Service Center)

2016-Sep-14: I-751 form, check, supporting docs sent USPS Priority Express

2016-Sep-15: ROC application received & signed for by Lakelieh

2016-Sep-15: NOA receipt date

2016-Sep-19: $590 check cashed by USCIS

2016-Sep-20: NOA/ 1-year extension letter received in mail

2018-Feb-26: ROC case transferred to local office

2018-Mar-06: ROC approved via USCIS website (WAC status check)

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Filed: F-1 Visa Country: Italy
Timeline

Thanks for being patient and answering the questions. I wasn't trying to attack or insult, just trying to be clear on the facts. You are in a spot that's for sure. You may be too close to the 120 day to worry about trying to reopen the case so that you can adjut. I see that now.

I think it's in your best interest to leave and fight it while away and hope for the best for your family. It seems a ban is fairly likely, leaving on your is plenty better than being deported.

If you do get banned they will stamp your passport and input it into the system, you wouldn't have to wait for the CO. Did they or have they stamped you passport with anything?

What's "CO"? ... ...and

No, they haven't stamped me with anything yet, as I haven't left yet! ICE hasn't been holding my passport or nothing like that. They might do that later, I suppose! Matter of fact, I don't think I'll be leaving the US with a passport, because mine is expired and to get it renewed at the italian embassy in san francisco is a long process (time I don't have). So I believe I will be leaving the country with a travel emergency document of some sort, which I'll make sure to keep a copy of it and make sure they stamp it at my exit!!!

1) What stamps am I to look for so that I know right off the bat if I have a ban or not?

2) When would these stamps happen, at what point during the departure process they may happen?

3) What would need to happen/not happen for me to detect that there might a small remote chance of no ban?

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Filed: Citizen (apr) Country: Ecuador
Timeline

CO = consular officer

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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Filed: F-1 Visa Country: Italy
Timeline

In order for you to adjust status and get a green card, outcomes at critical junctures will have to align in the positive, beneficial direction for you.

First, the immigration judge must grant your motion to reopen. For your MTR to be granted, your circumstances must have changed significantly since the grant of voluntary departure.

Secondly, your I-130 petition for alien relative must be approved.

Then, you must be able to convince the judge that your latest marriage is bonafide and not entered into solely for immigration purposes.

Anything is possible! I just don't know if I want to risk losing my Voluntary Departure, however having a baby together, is a pretty strong signal that the marriage is bona-fide.

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Schizzo make sure u explore all your options be4 u make a decision on what to do. I read on one of these forums that once u exit the US its harder to fight your case from the outside esp something that looks so complicated. Yes your wife is expecting but they can say she can go with you to your country. I wish u the best.

sunbeam

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Filed: Timeline

Anything is possible! I just don't know if I want to risk losing my Voluntary Departure, however having a baby together, is a pretty strong signal that the marriage is bona-fide.

It is not.

Having a child is a signal that thre was an intercourse.

Nothing more, nothing less, unfortunately.

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Filed: F-1 Visa Country: Italy
Timeline

It is not.

Having a child is a signal that thre was an intercourse.

Nothing more, nothing less, unfortunately.

Yeah, but adding bank accounts together, leases together, everything we have shared for the past 2 years, friends and community that know we've been living togehter, social gathering proofs. I mean I'm not too worried about it, but in immigration anything could happen, like I said anything is possible.

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Filed: F-1 Visa Country: Italy
Timeline

So it turns out, USCIS didn't detect my departure in October 2004 that re-instated my F-1 status, therefore the letter of denial that arrived a year later didn't take into consideration any of my departure/re-entry that fixed my status the previous year. I talked to a USCIS agent this morning that was nice enough to see what information she had on me. There is no record in their database of me ever leaving the US in 2004, she said! "Burecreautic error, very likely!", she said!

I'm going to try to get that in writing from them, so if I do get slapped with ban, I have proof that the letter shoul have never been sent, and that the error was on their part. If the consular does a thorough examination of dates and departures and a full investigation, I will not have to say much or prove.

The issue will be if I'm dealing with a consualr that will not do a thorough examination and will just slap me with ban by the time he sees that letter from USCIS dated from 2005, the bureacratic error! But at least it feels nice to know that I will have a solid argument to not get ban. I'll hire a lawyer obviously for that!

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