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Immigration Court Doc Question

By Sweetcheeksss in IR-1 / CR-1 Spouse Visa Process & Procedures

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Sweetcheeksss Rising Star

Sweetcheeksss   91

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

Approx 10 yrs ago, I was a green card holder, lived in the US then my mom had a stroke, I came back up to Canada to help out, it turned into a much longer process than originally anticipated, I had to work and so, long story short, I began my life back up in Canada again, unaware of all the ins and outs of immigration law and what effect it would have on my green card status.

Fast forward to 2006, I cross into the US as a CDN citizen, I present my CDN id to the border guards and they discover that I used to live in the US, I am sent to secondary where they do my fingerprints, etc and ask me for my green card back. I honestly didn't have it with me, so I had to appear in front of an immigration judge where I was allowed to volunarily surrender my green card to the lawyer.

I was given a paper from that hearing and here's what it says:

"This is a summary of the oral decision entered 7/13/07. This memorandum is solely for the convience of the parties. If the proceedings should be appealed or reopened, the oral decision will become the official opinion of the case.

Respondent's application for:

(X) Other: Withdrawal of application for admission to US granted

Appeal: Waived"

So what does that mean for my immigration journey? Will that reflect negatively on me?

Thanks for any help anyone can give me with this.

BigSigh Experienced

BigSigh   12

Posted
Filed: IR-1/CR-1 Visa Country: Peru
 Timeline
Posted

Eeep! That looks bad but I hope it isn't! You will def have to put that on one of the forms you fill out and most likely explain this to the CO in Montreal.

*~Cr1 Journey~* CSC

-NOA 1 Receipt date: 3/1/10 (sent 2/18/10)

-Touched 4 different times in between

-APPROVED: 6/2/10

93 days from NOA1 to NOA2

-Received NVC case number: 6/9/10/10

-Gave NVC my e-mail address & e-mailed DS3032: 6/10/10

-Received NVC e-mails (DS3032 and AOS Fee)& paid AOS fee: 6/11/10

-AOS Fee shows as PAID & paid IV Bill: 6/15/10

-IV Bill shows as paid: 6/6/10

-Received IV instruction packet: 6/8/10

-Received dox from co-sponsor: 10/14/15/10

-Sent AOS package: 10/18/10

-AOS package received: 10/19/10-J.Desmond

-IV Package mailed out: 11/3/10

-AVR says I have an RFE: 11/5/10

-NVC operator told me what my RFE's are: 11/8/10

-NVC sent checklist letter (for the 2 AOS RFE's): 11/13/10

-NVC operator says the IV package has been entered: 11/18/10

-E-mailed SUE to see if that would do anything (3 diff times...): 11/29/30/10

-Sent AOS RFE's: 12/1/10

-AOS RFE's received: 12/2/10

-Checked payment portal for fun (SIF!!!!): 12/3/10

-AVR still say AOS missing info: 12/3/10

-NVC operator says case was shipped to USE in Lima: 12/3/10

-Received interview date (12/13/10): JANUARY 6th, 2011!!

-Medical: 12/21/10- Passed :)

-Interivew: 1/6/11- PASSED :D

-Visa received- 1/13/11

-POE FLL- 1/23/11 YES! BUTTTTTTT....still not reunited :'( (Reunited on the 24th)

Sweetcheeksss Rising Star

Sweetcheeksss   91

Posted
Filed: IR-1/CR-1 Visa Country: Canada
 Timeline
  • Author
Posted

Well I hope to get some insight from someone on VJ - maybe Darnell?

But, my immigration lawyer is aware of it (afterall, she represented me at the hearing) and hasn't said (so far) that it will be any issue - of course, keep in mind that it's the same lawyer that didn't file an I-130 for my son soooooooooo I'm not putting all my eggs in that basket again!

Anyone have any idea on how this will affect my process? Purty please? :help:

tokyo.lovers Proficient

tokyo.lovers   6

Posted
Filed: Lift. Cond. (pnd) Country: Japan
 Timeline
Posted

i am surprised at how much trouble people from canada can have sometimes.

you think that since it's pretty much an open border it wouldn't matter that much...

USCIS JOURNEY

12-08-09 - I-130 Delivered to Chicago Lockbox

12-11-09 - Notice of Action (NOA1)

02-25-10 - Notice of Action 2 (NOA2) ~CA service center~

03-23-10 - PCC Applied - GET 04/01

Your I-130 was approved in 76 days from your NOA1 date

NVC JOURNEY

03-03-10 - NVC Case Number Assigned

03-05-10 - Email give

03-09-10 - AOS bill; Agent Email Get

03-10-10 - Paid AOS Bill; Email/Mail DS-3032

03-12-10 - AOS Bill Status: PAID

03-15-10 - IV Bill Email Get; Pay IV Bill

03-16-10 - IV Bill Status: PAID; AOS @ NVC

04-07-10 - IV Pack @ NVC

04-12-10 - IV Pack Enters AVR

04-20-10 - Log-in Fail

04-21-10 - Case Complete

04-30-10 - Interview Date Assigned

05-07-10 - NVC Forwards Case to Embassy, Tokyo

Your case was complete in 50 days at NVC

EMBASSY JOURNEY

04-16-10 - Medical Exam ($400) - PASSED

05-10-10 - Embassy Receives Case from NVC

06-28-10 - INTERVIEW - Moved

06-21-10 - INTERVIEW - APPROVED!

06-22-10 - Visa Received

Your interview took 192 days from your I-130 NOA1 date

USA JOURNEY

07-05-10 - US Entry

07-26-10 - Request SSC @ SS office

07-28-10 - Welcome Letter (2nd on 8/9)

08-02-10 - SSC GET

08-12-10 - Green Card GET -38 days

04-05-2012 - File I-751: APPROVED 10/17

nihonamerica.jpg

Leigh Ann Collaborator

Leigh Ann   8

Posted
Filed: AOS (pnd) Country: Zimbabwe
 Timeline
Posted

Approx 10 yrs ago, I was a green card holder, lived in the US then my mom had a stroke, I came back up to Canada to help out, it turned into a much longer process than originally anticipated, I had to work and so, long story short, I began my life back up in Canada again, unaware of all the ins and outs of immigration law and what effect it would have on my green card status.

Fast forward to 2006, I cross into the US as a CDN citizen, I present my CDN id to the border guards and they discover that I used to live in the US, I am sent to secondary where they do my fingerprints, etc and ask me for my green card back. I honestly didn't have it with me, so I had to appear in front of an immigration judge where I was allowed to volunarily surrender my green card to the lawyer.

I was given a paper from that hearing and here's what it says:

"This is a summary of the oral decision entered 7/13/07. This memorandum is solely for the convience of the parties. If the proceedings should be appealed or reopened, the oral decision will become the official opinion of the case.

Respondent's application for:

(X) Other: Withdrawal of application for admission to US granted

Appeal: Waived"

So what does that mean for my immigration journey? Will that reflect negatively on me?

Thanks for any help anyone can give me with this.

Okay, since no one else has replied, I'll say that I think that it should be fine because you withdrew your application. You weren't technically denied in immigration's eyes b/c you withdrew your application before they had a chance to do it. Something like that. So, it shouldn't harm you going forward. But, I could be wrong.

Married - 3/12/10

AOS Filed - 5/13/10

Biometrics received - 6/5/10

Biometrics done - 6/9/10

RFE Received 6/10/10

Touched - 6/7/10, 6/16/10, 6/17,10 (all)

RFE delivered - 6/29/10

Resumed processing - 6/30/10

EAD Production Ordered - 7/2/10, 7/8/10, mailed 7/15/10

Touched - 7/6/10, 7/8/10 (485, 765)

Touched EAD - 7/16/10

EAD Received!! - 7/17/10

Interview - August 30, 8:45- Approved!

Leigh Ann Collaborator

Leigh Ann   8

Posted
Filed: AOS (pnd) Country: Zimbabwe
 Timeline
Posted

You're welcome - I wish I could be more definite for you!

Married - 3/12/10

AOS Filed - 5/13/10

Biometrics received - 6/5/10

Biometrics done - 6/9/10

RFE Received 6/10/10

Touched - 6/7/10, 6/16/10, 6/17,10 (all)

RFE delivered - 6/29/10

Resumed processing - 6/30/10

EAD Production Ordered - 7/2/10, 7/8/10, mailed 7/15/10

Touched - 7/6/10, 7/8/10 (485, 765)

Touched EAD - 7/16/10

EAD Received!! - 7/17/10

Interview - August 30, 8:45- Approved!

engineer21 Proficient

engineer21   51

Posted
Filed: Citizen (pnd) Country: Indonesia
 Timeline
Posted

I have seen a couple of stories here on VJ about people who used to have a green card and then lived overseas for a while and did not realize that they were essentially abandoning their LPR status. They've had to re-file for everything. It sounded like a hassle but looks like it worked out for them. Do a search for it, you might find others in your similar situation :)

AOS 05/08/10 - sent05/14/10 - receipt date on NOAs - transferred to National Benefits Center06/14/10 - Biometrics Done - Lawrence, MA (original appt)07/26/10 - Interview - APPROVED!!07/30/10 - Welcome letter rec'd (notice date: 07/26)08/05/10 - Green Card (&EAD) Received! - 2 months and 28 days total!ROC 04/28/12 - ROC package sent05/03/12 - check cashed05/04/12 - NOA1 received - dated 05/01/1206/07/12 - Biometrics done02/07/13 - Approved (status update via text msg)02/14/13 - Ten year Green card receivedNaturalization07/26/13 - eligible (90 day window opened 4/27/13)02/24/14 - N-400 sent to Dallas03/04/14 - Check cashed & case accepted (update via txt & email)03/10/14 - Biometrics appt letter rec'd (scheduled for 03/28/13)03/28/14 - Biometrics done04/01/14 - In line for interview 04/03/14 - Case status change to scheduled for interview04/10/14 - interview letter rec'd 5/13/14 - interview 6/3/14 - in line for oath 6/30/14 - Scheduled for oath
Sweetcheeksss Rising Star

Sweetcheeksss   91

Posted
Filed: IR-1/CR-1 Visa Country: Canada
 Timeline
  • Author
Posted

Thanks Engineer. I surrendered my first green card in immigration court that day, never, ever tried to present myself as a green card holder after I came back to Canada, when I was crossing I had only my CDN ID with me. In fact, as I remember it, *if* I had had my green card with me, I could have surrendered it to the border guard right then and there.

But, I didn't so I had to appear in immigration court (along with alot of other ppl that day) at the border, when I got called up, my lawyer advised me to surrender the green card, which I did.

That summary I posted in my opening post is what I got AFTER the hearing was over. In fact, right after the hearing was done, the border guards at the POE where I had my hearing, let me cross back over into the US as a CDN citizen.

And now, we're onto my second green card application and that's why I was asking how "Withdrawal of application for admission to US granted" would affect my NEW application. Someone once told me (I forget who)that having your application for admission to the US granted was actually not too bad - but I wanted to get opinions on whether or not that was true.

Boiler Grand Master

Boiler   48,061

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

From what you have stated there is no issue. You surrendered your GC and withdrew your application to enter.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Sweetcheeksss Rising Star

Sweetcheeksss   91

Posted
Filed: IR-1/CR-1 Visa Country: Canada
 Timeline
  • Author
Posted

Thanks everyone - yeah that's what I was thinking too Boiler, and I would hope that since my attorney actually represented me at that hearing, *IF* there were some issue to be addressed now in our DS 230 filing, that she would at least give me a heads up.

 
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