AOS maggiage-based, Overstay, No Passport

[SamBillz 23]

Hello Everyone!

I have a few questions regarding AOS. I just got a letter for AOS interview. The problem is that I dont have my passport.

Here is my timeline: (through marriage)

July 17 2010 - removal proceedings because i overstayed. They took my passport and my lawyer said that now my case is gonna go through a local judge.

July 23rd 2010 - Package mailed and recieved at USCIS

Sept 09 2010 - Issued a new copy of removal proceedings because of an incorrect A#. That number was previously issued to somebody else.

Dec 2010 - FP done and recieved my EAD ( with A# from USCIS)

Feb 2010 - Recieved a letter for AOS interview from the local office. ( with A# from USCIS)

I was told at the time of Removal Proceedings that my immigration case will be processed through a local judge but instead of that I got an interview at the local office.

Please shed some light on my case if anybody has anything to say.

Thank you in advance.

[Otto 83]

**Topic Split from another topic. Often it is best to create a new topic when asking unrelated/specific case questions.

[Myopia 93]

Hello Everyone!

I have a few questions regarding AOS. I just got a letter for AOS interview. The problem is that I dont have my passport.

Here is my timeline: (through marriage)

July 17 2010 - removal proceedings because i overstayed. They took my passport and my lawyer said that now my case is gonna go through a local judge.

July 23rd 2010 - Package mailed and recieved at USCIS

Sept 09 2010 - Issued a new copy of removal proceedings because of an incorrect A#. That number was previously issued to somebody else.

Dec 2010 - FP done and recieved my EAD ( with A# from USCIS)

Feb 2010 - Recieved a letter for AOS interview from the local office. ( with A# from USCIS)

I was told at the time of Removal Proceedings that my immigration case will be processed through a local judge but instead of that I got an interview at the local office.

Please shed some light on my case if anybody has anything to say.

Thank you in advance.

Your situation seems to be exactly the situation that ICE have addressed in a August 2010 memo.It stated that removal cases that are able to adjusted would be given the opportunity to be adjusted by USCIS.

You can read about it here.

Memo

At the time of your removal proceedings in July, there was no memo , so the judge would have directed that your case be processed like other removals but since this memo was issued the situation has changed.

What this means is rather than go back in front of a Judge , your case most likely has been sent to USCIS for the normal AOS interview.

Once that petition is completed then the entire case will either, (a) end there with your successful adjustment, USCIS will inform ICE that your case is adjusted and the ICE attorney will move for your removal to be cancelled/case dismissed or (b) be adjusted successfully and ICE will issue you with a date to appear in front of an Immigration Judge to have your case formally cancelled/case dismissed.

I would think that (a) is the most likely because (b) will just tie up the court unnecessarily.

So basically it's good news for you!

I have a couple of questions for you :

1. What Visa did you enter the US on?

2. What does your lawyer say?

Edited March 4, 2011 by Myopia

[SamBillz 23]

Your situation seems to be exactly the situation that ICE have addressed in a August 2010 memo.It stated that removal cases that are able to adjusted would be given the opportunity to be adjusted by USCIS.

You can read about it here.

Memo

At the time of your removal proceedings in July, there was no memo , so the judge would have directed that your case be processed like other removals but since this memo was issued the situation has changed.

What this means is rather than go back in front of a Judge , your case most likely has been sent to USCIS for the normal AOS interview.

Once that petition is completed then the entire case will either, (a) end there with your successful adjustment, USCIS will inform ICE that your case is adjusted and the ICE attorney will move for your removal to be cancelled/case dismissed or (b) be adjusted successfully and ICE will issue you with a date to appear in front of an Immigration Judge to have your case formally cancelled/case dismissed.

I would think that (a) is the most likely because (b) will just tie up the court unnecessarily.

So basically it's good news for you!

I have a couple of questions for you :

1. What Visa did you enter the US on?

2. What does your lawyer say?

Thank you so much for your reply. I came on a visit visa and then had my visa transfered to F1. I graduated in dec 09. Well my lawyer isnt saying much right now but my question remains..what should i do about my passport? Will I be needing it for the interview? Like is it mandatory?

[Myopia 93]

Thank you so much for your reply. I came on a visit visa and then had my visa transfered to F1. I graduated in dec 09. Well my lawyer isnt saying much right now but my question remains..what should i do about my passport? Will I be needing it for the interview? Like is it mandatory?

You are very welcome. Your lawyer should be dealing with this for you as he is the one being paid!

They usually want photo ID when it comes to all aspects of government. Did you have a drivers license? School ID?

Is there any possibility you can get the passport?

Failing all that make an infopass appointment and speak to an Immigration Officer who can give you better direction than me.

Someone else may know what to do. So sorry I couldnt help you more.

[Kathryn41 3,205]

Thread moved from AOS from a family visa to AOS from a work, student and tourist visa forum as OP is adjusting from an F-1 visa

[SamBillz 23]

According to my lawyer, I-485 interviewer officer doesnt have the right to approve green card. He said that once the interview is successful then the case will move forward to a local judge, where he will, most probably dismiss the removal proceedings and will approve the I-130. I wasnt expecting that for an answer plus the lawyer fee for court appearance is ridiculous. Whats your input on this?

You are very welcome. Your lawyer should be dealing with this for you as he is the one being paid!

They usually want photo ID when it comes to all aspects of government. Did you have a drivers license? School ID?

Is there any possibility you can get the passport?

Failing all that make an infopass appointment and speak to an Immigration Officer who can give you better direction than me.

Someone else may know what to do. So sorry I couldnt help you more.

[Myopia 93]

According to my lawyer, I-485 interviewer officer doesnt have the right to approve green card. He said that once the interview is successful then the case will move forward to a local judge, where he will, most probably dismiss the removal proceedings and will approve the I-130. I wasnt expecting that for an answer plus the lawyer fee for court appearance is ridiculous. Whats your input on this?

This is what I said previously,

Once that petition is completed then the entire case will either, (a) end there with your successful adjustment, USCIS will inform ICE that your case is adjusted and the ICE attorney will move for your removal to be cancelled/case dismissed or (b) be adjusted successfully and ICE will issue you with a date to appear in front of an Immigration Judge to have your case formally cancelled/case dismissed.

So we basically said the same thing. The ICE attorney will move for your removal to be cancelled based on an approved adjustment. Once that removal case is closed then you are good.

[BMW4me 12]

i think it's fine as long as you have a some sort of government issued photo ID ( i am assuming you sent its photocopies with the aos package since you came this far)

at the interview one does not need a valid passport, it is only for getting a I-551; green card stamp

correct me if i am wrong anyone..

[Monday Jones 6]

i think it's fine as long as you have a some sort of government issued photo ID ( i am assuming you sent its photocopies with the aos package since you came this far)

at the interview one does not need a valid passport, it is only for getting a I-551; green card stamp

correct me if i am wrong anyone..

My interview letter says, "Every adult (over 18 years of age) who comes to the interview must bring Government-issued photo identification, such as a driver's license or ID card, in order to enter the building and to verify his/her identity at the time of the interview."

It also has a list of "you must bring the following items with you:"

"This interview Notice and your Government Issued photo identification"

...

"Your Birth Certificate"

"Your petitioner's Birth Certificate and your petitioner's evidence of United States Citizenship or LPR Status"

But I don't see anywhere that it mentions a passport.

My interview letter says, "Every adult (over 18 years of age) who comes to the interview must bring Government-issued photo identification, such as a driver's license or ID card, in order to enter the building and to verify his/her identity at the time of the interview."

It also has a list of "you must bring the following items with you:"

"This interview Notice and your Government Issued photo identification"

...

"Your Birth Certificate"

"Your petitioner's Birth Certificate and your petitioner's evidence of United States Citizenship or LPR Status"

But I don't see anywhere that it mentions a passport.

Oh, I forgot to add that my husband and I had California DLs and passports, and the IO make copies of all four items. I didn't ask why.

[SamBillz 23]

Thanks EVERYONE!!!!

Yeah the DL would do for right now. Can't wait to get it over with!

cheers!

[SamBillz 23]

Thanks EVERYONE!!!!

Yeah the DL would do for right now. Can't wait to get it over with!

cheers!

I got the nod from the immigration officer. She approved the I-485. She said, she is going to talk to ICE and get this case moving. Lets see what happens. I am sincerely hoping that they dismiss the removal proceedings without being called for a court date, as it can take months for getting a court date. Hoping for the best! Let me know if somebody has to say anything on this.

[Myopia 93]

I got the nod from the immigration officer. She approved the I-485. She said, she is going to talk to ICE and get this case moving. Lets see what happens. I am sincerely hoping that they dismiss the removal proceedings without being called for a court date, as it can take months for getting a court date. Hoping for the best! Let me know if somebody has to say anything on this.

Glad to hear it. Which ever way they go , you will be okay.

All the best.