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Kittyfang

You can apeal denied AoS?

By Kittyfang in Adjustment of Status from Work, Student, & Tourist Visas

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john_and_marlene Mentor

john_and_marlene   162

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Filed: Citizen (apr) Country: Philippines
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What makes you think you need a waiver?

05/16/2005 I-129F Sent

05/28/2005 I-129F NOA1

06/21/2005 I-129F NOA2

07/18/2005 Consulate Received package from NVC

11/09/2005 Medical

11/16/2005 Interview APPROVED

12/05/2005 Visa received

12/07/2005 POE Minneapolis

12/17/2005 Wedding

12/20/2005 Applied for SSN

01/14/2005 SSN received in the mail

02/03/2006 AOS sent (Did not apply for EAD or AP)

02/09/2006 NOA

02/16/2006 Case status Online

05/01/2006 Biometrics Appt.

07/12/2006 AOS Interview APPROVED

07/24/2006 GC arrived

05/02/2007 Driver's License - Passed Road Test!

05/27/2008 Lifting of Conditions sent (TSC > VSC)

06/03/2008 Check Cleared

07/08/2008 INFOPASS (I-551 stamp)

07/08/2008 Driver's License renewed

04/20/2009 Lifting of Conditions approved

04/28/2009 Card received in the mail

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Kittyfang Proficient

Kittyfang   6

Posted
Filed: Country: Canada
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Posted (edited)
What makes you think you need a waiver?

Oh, I don't. Well. not now anyway.

I started this post, because I was looking at USCIS's website, what you need for AoS, what do to if it is denied, etc..

I like to be prepared, so I was reading this and it got me thinking that, as far as I know, an AoS (for my situation anyway) cannot be appealed. Unless, someone can prove extreme hardship...

All in all, I wasn't asking for myself, I was just puzzled at how it works. :)

To me it seemed strange that USCIS would say an AoS can be appealed. You would think that they would indicate the cases when it can be appealed.

Edited by Kittyfang

Adjustment of Status

11/03/10 ------- AoS (I-130/I-485) Package mailed out (Priority Mail)

11/07/10 ------- AoS Package received and singed for

11/10/10 ------- NOA1 received for I-130, I-485 and I-765 (emails)

11/12/10 ------- NOA1 received for I-130, I-485 and I-765 (hard copies)

11/12/10 ------- Touches on I-130, I-485 and I-765

11/19/10 ------- Biometrics appointment letter received

12/06/10 ------- RFE for I-693 (I think the issue is that it was not signed. Called USCIS and will receive a letter in a few days explaining)

12/13/10 ------- Biometrics done

12/16/10 ------- EAD card in production (email)

12/20/10 ------- Received "Letter of Explanation" for RFE (Service Request to expedite my case. Called USCIS and was told to ignore that and just send in response to RFE.)

12/22/10 ------- Touch (Email for Post Decision Activity on EAD saying that a letter of approval has been mailed out)

12/24/10 ------- Received EAD in the mail

12/27/10 ------- Applied for SSN

12/31/10 ------- Received Interview letter

01/03/11 ------- Received SSN card in the mail

01/07/11 ------- Mailed out response to RFE (I-693)

01/15/11 ------- Email confirming USCIS received RFE response

01/31/11 ------- Approved!

Pre-Adjustment of Status:

2006 -------- Met Online

02/07 ------- Visited him in the U.S. for what was suppose to be a few weeks (Came in with birth certificate and health card. Health card expired a few months after)

08/07 ------- Decided to get married because we didn't want to be apart (in the U.S.)

10/10 ------- USCIS Medical Done

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wmtc Explorer

wmtc   0

Posted
Filed: IR-1/CR-1 Visa Country: Canada
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Posted

i read in some immigration forum, that canadian's cannot get banned from US, even if u get ban from a poe officer for overstay, you could apeal to immigration judge, who will dismiss the ban, it called the caselaw, and it happen to a person from montreal and he won his case. canadian's do not need a visa to enter and are not part of the vwp.

correct me if Im wrong

thanks

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juliava Proficient

juliava   80

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Filed: Citizen (apr) Country: Romania
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I don't know what to say about that.

My boss's girlfriend got deported back to Canada and she has a 3 years ban.

My N-400 Journey

06-02-2017 - N-400 package mailed to Dallas Lockbox

06-06-2017 - Credit card charged; received text and email confirming that application was received and NOA is on its way

06-10-2017 - Received NOA letter from NBC dated 06-05-2017

06-16-2017 - Received Biometrics Appointment Letter for 06-28-2017

01-19-2018 - Interview Letter sent

02-27-18 - Interview and Oath Ceremony. Finally US CITIZEN! 

My ROC Journey

03-08-2012 - I-751 package mailed to VSC

03-10-2012 - I-751 package delivered

03-14-2012 - Check cashed

03-15-2012 - NOA received, dated 03-12-2012

04-27-2012 - Biometrics appointment

11-23-2012 - ROC approved

11-28-2012 - Approval letter received

12-06-2012 - 10 years Green Card received

My AOS Journey

04-17-09 I-130&I-485&I-765 received by USCIS

04-19-10 AOS Approved

04-29-10 Green Card received

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Kittyfang Proficient

Kittyfang   6

Posted
Filed: Country: Canada
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i read in some immigration forum, that canadian's cannot get banned from US, even if u get ban from a poe officer for overstay, you could apeal to immigration judge, who will dismiss the ban, it called the caselaw, and it happen to a person from montreal and he won his case. canadian's do not need a visa to enter and are not part of the vwp.

correct me if Im wrong

thanks

Mmm I don't know. I have to agree with juliava. I think Canadians do get deported.

Maybe the person was able to get her case dismissed because Immigration was unable to prove when she actually came in? I don't know. That would be the only thing I can think of. Since most Canadians get to come in the U.S. pretty easy, without any I-94, you would think CBP won't check when the person entered, when they leave. I could be wrong though.

Adjustment of Status

11/03/10 ------- AoS (I-130/I-485) Package mailed out (Priority Mail)

11/07/10 ------- AoS Package received and singed for

11/10/10 ------- NOA1 received for I-130, I-485 and I-765 (emails)

11/12/10 ------- NOA1 received for I-130, I-485 and I-765 (hard copies)

11/12/10 ------- Touches on I-130, I-485 and I-765

11/19/10 ------- Biometrics appointment letter received

12/06/10 ------- RFE for I-693 (I think the issue is that it was not signed. Called USCIS and will receive a letter in a few days explaining)

12/13/10 ------- Biometrics done

12/16/10 ------- EAD card in production (email)

12/20/10 ------- Received "Letter of Explanation" for RFE (Service Request to expedite my case. Called USCIS and was told to ignore that and just send in response to RFE.)

12/22/10 ------- Touch (Email for Post Decision Activity on EAD saying that a letter of approval has been mailed out)

12/24/10 ------- Received EAD in the mail

12/27/10 ------- Applied for SSN

12/31/10 ------- Received Interview letter

01/03/11 ------- Received SSN card in the mail

01/07/11 ------- Mailed out response to RFE (I-693)

01/15/11 ------- Email confirming USCIS received RFE response

01/31/11 ------- Approved!

Pre-Adjustment of Status:

2006 -------- Met Online

02/07 ------- Visited him in the U.S. for what was suppose to be a few weeks (Came in with birth certificate and health card. Health card expired a few months after)

08/07 ------- Decided to get married because we didn't want to be apart (in the U.S.)

10/10 ------- USCIS Medical Done

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Krikit Grand Master

Krikit   1,163

Posted
Filed: Timeline
Posted
i read in some immigration forum, that canadian's cannot get banned from US, even if u get ban from a poe officer for overstay, you could apeal to immigration judge, who will dismiss the ban, it called the caselaw, and it happen to a person from montreal and he won his case. canadian's do not need a visa to enter and are not part of the vwp.

correct me if Im wrong

thanks

Canadians are barred all the time, for any number of reasons.

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wmtc Explorer

wmtc   0

Posted
Filed: IR-1/CR-1 Visa Country: Canada
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Posted

They do get banned and deported but u could fight it, and actually win the case in court by apealing your ban. I heard this post in the canucks forum where canadians could fight any ban and win the case, It called the caselaw, check out that forum, i might be wrong.

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Kittyfang Proficient

Kittyfang   6

Posted
Filed: Country: Canada
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Posted
They do get banned and deported but u could fight it, and actually win the case in court by apealing your ban. I heard this post in the canucks forum where canadians could fight any ban and win the case, It called the caselaw, check out that forum, i might be wrong.

I think you are. I don't think Canucks get any special treatment. I fail to see why some would have a really hard time proving extreme hardship, while others, if they are Canadians, wouldn't have to put in as much effort.

Adjustment of Status

11/03/10 ------- AoS (I-130/I-485) Package mailed out (Priority Mail)

11/07/10 ------- AoS Package received and singed for

11/10/10 ------- NOA1 received for I-130, I-485 and I-765 (emails)

11/12/10 ------- NOA1 received for I-130, I-485 and I-765 (hard copies)

11/12/10 ------- Touches on I-130, I-485 and I-765

11/19/10 ------- Biometrics appointment letter received

12/06/10 ------- RFE for I-693 (I think the issue is that it was not signed. Called USCIS and will receive a letter in a few days explaining)

12/13/10 ------- Biometrics done

12/16/10 ------- EAD card in production (email)

12/20/10 ------- Received "Letter of Explanation" for RFE (Service Request to expedite my case. Called USCIS and was told to ignore that and just send in response to RFE.)

12/22/10 ------- Touch (Email for Post Decision Activity on EAD saying that a letter of approval has been mailed out)

12/24/10 ------- Received EAD in the mail

12/27/10 ------- Applied for SSN

12/31/10 ------- Received Interview letter

01/03/11 ------- Received SSN card in the mail

01/07/11 ------- Mailed out response to RFE (I-693)

01/15/11 ------- Email confirming USCIS received RFE response

01/31/11 ------- Approved!

Pre-Adjustment of Status:

2006 -------- Met Online

02/07 ------- Visited him in the U.S. for what was suppose to be a few weeks (Came in with birth certificate and health card. Health card expired a few months after)

08/07 ------- Decided to get married because we didn't want to be apart (in the U.S.)

10/10 ------- USCIS Medical Done

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Krikit Grand Master

Krikit   1,163

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Filed: Timeline
Posted
They do get banned and deported but u could fight it, and actually win the case in court by apealing your ban. I heard this post in the canucks forum where canadians could fight any ban and win the case, It called the caselaw, check out that forum, i might be wrong.

Not possible. Canadians are held to the same laws, rules, and regulations as every other nation. In cases involving fraud, willful misrepresentation, false claim to U.S. citizenship or lack of a valid immigrant visa for an intending immigrant, the officer's decision is final. In other words, there is no right to appeal..... Canadian or not.

I am going to split the posts related to Spartacus' question into its own thread as it is a completely different topic.

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rsn Experienced

rsn   135

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Filed: Citizen (apr) Country: Thailand
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They do get banned and deported but u could fight it, and actually win the case in court by apealing your ban. I heard this post in the canucks forum where canadians could fight any ban and win the case, It called the caselaw, check out that forum, i might be wrong.

:no:

K1: 01/15/2009 (mailed I-129F) - 06/23/2009 (visa received)

AOS: 08/08/2009 (mailed I-485, I-765, & I-131) - 10/29/2009 (received GC)

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Kittyfang Proficient

Kittyfang   6

Posted
Filed: Country: Canada
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  • Author
Posted
They do get banned and deported but u could fight it, and actually win the case in court by apealing your ban. I heard this post in the canucks forum where canadians could fight any ban and win the case, It called the caselaw, check out that forum, i might be wrong.

:no:

I am no lawyer, but I'm pretty sure that a caselaw isn't something that says that Canadians don't get deported. Caselaw, to me, sounds like a general legal term like Nolle prosequi or Precedent.

At any rate, I'd be willing to bet that it doesn't refer to something as specific as "Canadians don't get deported" ... Cause they're so friendly eh

Adjustment of Status

11/03/10 ------- AoS (I-130/I-485) Package mailed out (Priority Mail)

11/07/10 ------- AoS Package received and singed for

11/10/10 ------- NOA1 received for I-130, I-485 and I-765 (emails)

11/12/10 ------- NOA1 received for I-130, I-485 and I-765 (hard copies)

11/12/10 ------- Touches on I-130, I-485 and I-765

11/19/10 ------- Biometrics appointment letter received

12/06/10 ------- RFE for I-693 (I think the issue is that it was not signed. Called USCIS and will receive a letter in a few days explaining)

12/13/10 ------- Biometrics done

12/16/10 ------- EAD card in production (email)

12/20/10 ------- Received "Letter of Explanation" for RFE (Service Request to expedite my case. Called USCIS and was told to ignore that and just send in response to RFE.)

12/22/10 ------- Touch (Email for Post Decision Activity on EAD saying that a letter of approval has been mailed out)

12/24/10 ------- Received EAD in the mail

12/27/10 ------- Applied for SSN

12/31/10 ------- Received Interview letter

01/03/11 ------- Received SSN card in the mail

01/07/11 ------- Mailed out response to RFE (I-693)

01/15/11 ------- Email confirming USCIS received RFE response

01/31/11 ------- Approved!

Pre-Adjustment of Status:

2006 -------- Met Online

02/07 ------- Visited him in the U.S. for what was suppose to be a few weeks (Came in with birth certificate and health card. Health card expired a few months after)

08/07 ------- Decided to get married because we didn't want to be apart (in the U.S.)

10/10 ------- USCIS Medical Done

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wmtc Explorer

wmtc   0

Posted
Filed: IR-1/CR-1 Visa Country: Canada
 Timeline
Posted
They do get banned and deported but u could fight it, and actually win the case in court by apealing your ban. I heard this post in the canucks forum where canadians could fight any ban and win the case, It called the caselaw, check out that forum, i might be wrong.

:no:

I am no lawyer, but I'm pretty sure that a caselaw isn't something that says that Canadians don't get deported. Caselaw, to me, sounds like a general legal term like Nolle prosequi or Precedent.

At any rate, I'd be willing to bet that it doesn't refer to something as specific as "Canadians don't get deported" ... Cause they're so friendly eh

I read this on the cunacks forum, so u may be right caselaw might be a legal term, but the article said u could fight the ban imposed on you with court, then again i might be wrong don't want to give any wrong advice.

all the best to u :star:

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lechatnoir Enthusiast

lechatnoir   0

Posted
Filed: Lift. Cond. (apr) Country: Denmark
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Posted

Kitty, did you ever get your passport situation straightened out?

Adjust from VWP:

Marriage on day 64

06/29/09 - AOS package sent

07/01/09 - Package received via FedEx @ Chicago

07/08/09 - Received NOA

07/27/09 - Received Advanced Parole document dated 7/22

08/04/09 - Biometrics Appointment

08/12/09 - Received EAD Card

08/14/09 - Applied for Social Security Card

09/15/09 - Interview in Fairfax, VA ***APPROVED***

09/15/09 - Card Production Ordered

09/19/09 - Welcome to the USA letter received.

09/24/09 - Green Card in Hand

Time from Application receipt to Approval: 76 days.

Remove conditions: 09/2011

Remove conditions initial application: 7/6/2011 Approval: 4/17/2012

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juliava Proficient

juliava   80

Posted
Filed: Citizen (apr) Country: Romania
 Timeline
Posted

I haven't seen Kitty on this forum for a long time. I have a feeling that she gave up and that's kind of sad.

My N-400 Journey

06-02-2017 - N-400 package mailed to Dallas Lockbox

06-06-2017 - Credit card charged; received text and email confirming that application was received and NOA is on its way

06-10-2017 - Received NOA letter from NBC dated 06-05-2017

06-16-2017 - Received Biometrics Appointment Letter for 06-28-2017

01-19-2018 - Interview Letter sent

02-27-18 - Interview and Oath Ceremony. Finally US CITIZEN! 

My ROC Journey

03-08-2012 - I-751 package mailed to VSC

03-10-2012 - I-751 package delivered

03-14-2012 - Check cashed

03-15-2012 - NOA received, dated 03-12-2012

04-27-2012 - Biometrics appointment

11-23-2012 - ROC approved

11-28-2012 - Approval letter received

12-06-2012 - 10 years Green Card received

My AOS Journey

04-17-09 I-130&I-485&I-765 received by USCIS

04-19-10 AOS Approved

04-29-10 Green Card received

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marie09 Community Regular

marie09   5

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted
I haven't seen Kitty on this forum for a long time. I have a feeling that she gave up and that's kind of sad.

I was thinking i haven't seen her on here for a while either. When I joined VJ in October she was on a lot - thought she'd be a fellow November filer. Hope she hasn't given up... :blink:

Nov 6, 2012 N-400 mailed

Nov 7, 2012 N-400 delivered to Phoenix lockbox, signed by Arndt & case priority date

Nov 9, 2012 Case Touched, NOA date

Nov 13, 2012 Got text/e-mail with case number & the check was cashed :)

Nov 14, 2012 Case updated online to say biometrics apt. notice is on its way!

Nov 16, 2012 Received NOA & biometrics apt. letter

Nov 28, 2012 Biometrics apt.

Jan 4, 2013 In line for interview!

Jan 5, 2013 Scheduled for interview!

Jan 10, 2013 Received interview letter

Jan 19, 2013 Received yellow letter dated 1/16 asking me to bring more passport pics to the interview

Feb 11, 2013 Interview

Mar 8, 2013 Got an online update - oath scheduled!

Mar 13, 2013 Oath letter received

Mar 22, 2013 Oath! Officially an American citizen!

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