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Pamme

Q on overstay, AOS, and Deportation

By Pamme in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

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Pamme Rookie

Pamme   0

Posted
Filed: K-1 Visa Country: Thailand
 Timeline
Posted

Hi,

I'm a USC and now filing I-485 for my mother who overstayed her tourist visa for 9 years. I-130 was approved. The question is do I need to worry about the waiver? Also, we just got a Notice of Appear regarding the deportation :( . I think it's the beginning of the proceeding. The dates are not set. What effect will it have on her status if she skips the interview (or hearing)? Is it true that the overstay and deportation issues will be forgiven when the beneficiary is the immediate relative of the petitioner :unsure: ?

Thank you very much

:help:

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Joanna&Bobby Enthusiast

Joanna&Bobby   3

Posted
Filed: Citizen (pnd) Country: Poland
 Timeline
Posted
Hi,

I'm a USC and now filing I-485 for my mother who overstayed her tourist visa for 9 years. I-130 was approved. The question is do I need to worry about the waiver? Also, we just got a Notice of Appear regarding the deportation :( . I think it's the beginning of the proceeding. The dates are not set. What effect will it have on her status if she skips the interview (or hearing)? Is it true that the overstay and deportation issues will be forgiven when the beneficiary is the immediate relative of the petitioner :unsure: ?

Thank you very much

:help:

Definitely go se an attorney!!!!!!!!!!!!!!!

AOS Timeline begun!

AOS sent- June 26th 2008

NOA1- July 3rd

Touch- July 7th (check cashed)

Touch- July 8th

Biometrics notice received- July 14th (notice date- July 9th)

Biometrics Appointment- July 25th

Touch- July 25th

RFE e-mail notice- July 28th

RFE response sent- September 9th

RFE response received by USCIS and case processing resumed- September 12th

AOS Touch- September 18th

Transfer to CSC- September 26th

AOS Touch-September 29th

Received Transfer Letter in mail- October 2nd

AOS Touch- case pending at the office to which it was transferred- October 3rd

AOS Touch- October 6th

EAD Touch- October 29- CARD PRODUCTION ORDERED-yippeeeeeeeeee! I can get a drivers license

EAD Touch- November 3rd- Approval notice sent (JEEEEEEEEEZZZZZZZ RIGHT AFTER I WROTE THIS MY EAD CARD CAME IN MAIL!!!!!! I mean the Mailman brought it HOW WEIRD IS THAT???????????)

AOS Touch Dec 19th

AOS Touch Dec 21st

AOS APPROVED JAN 29th

Removing Conditions 12/16/2010- Application sent by certified mail

Approved 3/07/2011

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Beautiful_years Community Regular

Beautiful_years   0

Posted
Filed: AOS (pnd) Timeline
Posted

Go see an attorney.... If a little after 180days triggers a 10yr ban... that might be a forever ban!!!

I think you need to see an attorney fast!!! Especially as they are already preparing for deportation...

K-1 TIMELINE

I-129F Sent :2007-09-06

I-129F NOA1 : 2007-09-10

I-129F RFE(s) :2007-09-30

Visa Approved :2008-01-07

Consulate Received : 2008-01-14

Interview Date : 2008-06-02

Visa Received : 2008-06-12

US Entry : 2008-06-26

Marriage : 2008-08-02

Total days from filling 1-129F till Interview 270days

AOS TIMELINE

Sept 12, 2008- Sent AOS/EAD/AP to Chicago (finally)

Sept 15, 2008- Delivered

Sept 18, 2008- Noas AOS/EAD/AP (yaay!!)

Oct 7th 2008- Case transferred to CSC

Oct 15, 2008- Biometric APPT (smooth and quick)

Oct 16, 2008- Case pending ......

Update....

EAD Card production ordered ........ 12/03/2008

Ap approved...approval notice sent 12/03/2008

Ap arrives in mail... dated ..............12/12/2008

EAD approval mail sent ..................12/11/2008

EAD arrives in mail ........................12/15/2008

AOS Touched .................................01/12/2009

AOS card production ordered...........02/27/2009

ROC TIMELINE 2011.

Jan 1st 2011 mailed in I751

Feb 15th 2011 Biometric appointment

May 24th 2011 Petition Approved

May 25th 2011 Card production ordered

May 31st 2011 Card recieved

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Beautiful_years Community Regular

Beautiful_years   0

Posted
Filed: AOS (pnd) Timeline
Posted

sorry stays after 180 day triggers 3yrs ban

stay over one year triggers 10yrs

K-1 TIMELINE

I-129F Sent :2007-09-06

I-129F NOA1 : 2007-09-10

I-129F RFE(s) :2007-09-30

Visa Approved :2008-01-07

Consulate Received : 2008-01-14

Interview Date : 2008-06-02

Visa Received : 2008-06-12

US Entry : 2008-06-26

Marriage : 2008-08-02

Total days from filling 1-129F till Interview 270days

AOS TIMELINE

Sept 12, 2008- Sent AOS/EAD/AP to Chicago (finally)

Sept 15, 2008- Delivered

Sept 18, 2008- Noas AOS/EAD/AP (yaay!!)

Oct 7th 2008- Case transferred to CSC

Oct 15, 2008- Biometric APPT (smooth and quick)

Oct 16, 2008- Case pending ......

Update....

EAD Card production ordered ........ 12/03/2008

Ap approved...approval notice sent 12/03/2008

Ap arrives in mail... dated ..............12/12/2008

EAD approval mail sent ..................12/11/2008

EAD arrives in mail ........................12/15/2008

AOS Touched .................................01/12/2009

AOS card production ordered...........02/27/2009

ROC TIMELINE 2011.

Jan 1st 2011 mailed in I751

Feb 15th 2011 Biometric appointment

May 24th 2011 Petition Approved

May 25th 2011 Card production ordered

May 31st 2011 Card recieved

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mugenpower Apprentice

mugenpower   0

Posted
Filed: Timeline
Posted

Wait a minute, is your mom here in the states? If so, You should file I-130 and I-485 concurrently, her overstay will be pardoned since this case is for a immediate relative of US citizen. However, she can not leave the US until she has Green Card in hand, otherwise the 3 yrs or 10 yrs ban will be triggered.

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Eric-Pris Experienced

Eric-Pris   1,602

Posted
Filed: Citizen (apr) Country: Costa Rica
 Timeline
Posted (edited)
Wait a minute, is your mom here in the states? If so, You should file I-130 and I-485 concurrently, her overstay will be pardoned since this case is for a immediate relative of US citizen. However, she can not leave the US until she has Green Card in hand, otherwise the 3 yrs or 10 yrs ban will be triggered.

No so fast, did you not see the part about a deportation hearing already scheduled? You don't want to miss a court hearing... then they come looking for you with handcuffs.

I agree with the others, go see an immigration lawyer ASAP.

Edited by kid brooklyn
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Eric-Pris Experienced

Eric-Pris   1,602

Posted
Filed: Citizen (apr) Country: Costa Rica
 Timeline
Posted
So she can not even file AOS for her mother any more? If there is no Deportation Hearing scheduled, then she can do AOS even her mother overstayed, right?

yes, but once deportation procedures are in place, you have to resolve that before you can file.

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