Jump to content
Sign in to follow this  
xray

DEPORTATION LETTER

7 posts in this topic

Recommended Posts

Filed: K-1 Visa Country: Haiti
Timeline

It all depend of the reason for deportation, usually there's a 3 or 10 years bar before re-enter the US, and the only way would be through an Immigrant visa. Forget about non-immigrant visa.

He must depart from the US before the due date, or he will get an additional 5 years bar.

Edited by katiemanny

AOS TIMELINE

AOS package mailed on 12/16/08

AOS package delivered on 12/19/08

Check cashed on 12/26/08

NOA1 received on 12/30/08

Biometrics on 01/20/09

AOS interview on 04/30/09

EAD Card production ordered on 03/17/09

EAD Card received on 03/21/09

AOS interview APPROVED on 04/30/09

Card production ordered on 05/27/09

Welcome letter received on 06/05/09

Card production ordered again on 06/15/09

Permanent Resident Card received on 07/09/09

I-751 ROC TIMELINE

I-751 package mailed on 02/28/2011

I-751 package delivered on 03/02/2011

Check payment cashed on 03/04/2011

NOA1 received on 03/08/2011

Biometrics appointment on 04/05/2011

Card production ordered on 05/06/2011

I-751 Petition Approved on 05/06/2011

Approval letter received on 05/12/2011

Green Card finally received on 07/29/2011

Share this post


Link to post
Share on other sites
Filed: AOS (apr) Country: India
Timeline

One of my friends was sent 'voluntary deportation' letter.He want to sign it. But want to know if he can enter America again in the future?

There are two bars, ( deportable and second is Ineligible to enter) If he receive the letter of voluntary departure and he leave the country within time provided by DHS then he will ont have one bar i.e 3-10 years. but he still will have bar of ineligiblity.

He still needs a waiver I 212 to enter to overcome the ineligiblity bar.


May 26th, 2009 : WAVA filed.

June 1st, 2009 : RFE issued Good moral: replied june 15th 2009

July,17 2009 : Prima facie approvel received.renewed again march 3, 2010

February 2, 2010 :I-765 filed, : denied

August 12,2010 :RFE issued on WAVA, more evidence needed.

sept 3rd 2010 : I-765 filed again. 9/15/2010:Filing receipt received.

Sept 15,2010 : REF answered with all evidences.9/17/2010:RFE recvd by USCIS.

Sept 19, 2010 : I 765 approved.

Sept 19,2010 : I360 touched. status changed to RFE Under review.

sept 20th 2010 : I 765 card production ordered, No Biometric, no picture etc.

sept 21 2010 : I 765 touched, still card in production.

Sept 22,2010 : I-765 touched, Card in production.

Sept 23, 2010 : I765, touched, Approval letter mailed. Card approved (???)

Sept 24,2010 : I 765 touched again. No change???

Sept 27, 2010 : EAD received.

october 3, 2010 : old expired EAD from last year touched (#######?)

October 5, 2010 : I 360 touched.

October 12,2010 : I 360 touched. Acceptance letter issued.???

Oct 13, 2010 : court date with IJ. I,m my own lawyer.

oct 13, 2010 : I 360 touched.

oct 14th2010 : I 360 touched

oct 15 2010 : I 360 touched.

OCt 20,1020 : I 360 approved.letter received.

oct 25 2010 : I 360 touched.

april 20 2011 : court date. I,m my own lawyer.I expedited my date: filed I 485, new date January 9th 2011, case terminated.

may 9th 2011 : I 485 interview.

MAy 25th 2011 : Card production ordered.

Share this post


Link to post
Share on other sites

He might want to have a one time consultation with an immigration attorney to make sure he understands everything clearly.


SA4userbar.jpg

Share this post


Link to post
Share on other sites
Filed: K-1 Visa Country: Haiti
Timeline

There are two bars, ( deportable and second is Ineligible to enter) If he receive the letter of voluntary departure and he leave the country within time provided by DHS then he will ont have one bar i.e 3-10 years. but he still will have bar of ineligiblity.

He still needs a waiver I 212 to enter to overcome the ineligiblity bar.

I disagree, so why do you think he was requested to leave the US? This individual will have a bar for unlawful present in the US, volunteer departure wont trigger a deportation bar. So yes a 3-10 years bar will apply once leave the US.

Edited by katiemanny

AOS TIMELINE

AOS package mailed on 12/16/08

AOS package delivered on 12/19/08

Check cashed on 12/26/08

NOA1 received on 12/30/08

Biometrics on 01/20/09

AOS interview on 04/30/09

EAD Card production ordered on 03/17/09

EAD Card received on 03/21/09

AOS interview APPROVED on 04/30/09

Card production ordered on 05/27/09

Welcome letter received on 06/05/09

Card production ordered again on 06/15/09

Permanent Resident Card received on 07/09/09

I-751 ROC TIMELINE

I-751 package mailed on 02/28/2011

I-751 package delivered on 03/02/2011

Check payment cashed on 03/04/2011

NOA1 received on 03/08/2011

Biometrics appointment on 04/05/2011

Card production ordered on 05/06/2011

I-751 Petition Approved on 05/06/2011

Approval letter received on 05/12/2011

Green Card finally received on 07/29/2011

Share this post


Link to post
Share on other sites
Filed: Other Timeline

First of all, there is no such thing as a voluntary deportation. Compare it to rape: nobody agrees to being raped. If they did, it wouldn't be rape anymore, but sexual intercourse between consentual parties.

There is deportation, and voluntary departure. Usually a person faced with deportation would apply for VD. When that can and could be granted is a too complex issue to discuss here, but if somebody agrees to depart the US voluntarily, he or she would avoid the 5 to 20 year bar for deportation. If the person has been unlawfully present in the US (either due to EWI or overstay), the 2 or 10-year bar would be triggered nonetheless. The issue is less dramatic as both bars, the one for deportation and the one for overstay, would be served concurrently, meaning at the same time. The reasons to get the I-601 waiver for unlawful presence approved are also the same for those needed for the I-212 waiver for deportation. So in most cases it's a non-issue.

That said, if somebody faces deportation, applying for or accepting VD is the way to go.

Whether or not such a person may return to the US is another issue.

First of all, a person could be inadmissible for life, i.e., if a Green Card holder gets deported for felonies committed. But even if that's not the case, somebody who has a nasty history with USCIS, whether that's through overstay or a crime committed will not ever get a non-immigrant visa to the US again. That has nothing to do with the bar or bars; it's because every application for a visa, whether visitor's visa or student visa, is adjudicated on its own merit, and knowing how difficult some people have it to even get a visa under good circumstances, you'll understand that somebody with a history has almost zero chance.

What would work, assuming the foreigner is not inadmissible for life, is an immigrant visa, once the bar or bars have been served. In plain English: if the guy who's being kicked out is married to a US citizen, and he's still married when he applies again, he has a shot to come back, earlier if a hardship waiver would be approved.


There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

Share this post


Link to post
Share on other sites
Filed: AOS (apr) Country: India
Timeline

First of all, there is no such thing as a voluntary deportation. Compare it to rape: nobody agrees to being raped. If they did, it wouldn't be rape anymore, but sexual intercourse between consentual parties.

There is deportation, and voluntary departure. Usually a person faced with deportation would apply for VD. When that can and could be granted is a too complex issue to discuss here, but if somebody agrees to depart the US voluntarily, he or she would avoid the 5 to 20 year bar for deportation. If the person has been unlawfully present in the US (either due to EWI or overstay), the 2 or 10-year bar would be triggered nonetheless. The issue is less dramatic as both bars, the one for deportation and the one for overstay, would be served concurrently, meaning at the same time. The reasons to get the I-601 waiver for unlawful presence approved are also the same for those needed for the I-212 waiver for deportation. So in most cases it's a non-issue.

That said, if somebody faces deportation, applying for or accepting VD is the way to go.

Whether or not such a person may return to the US is another issue.

First of all, a person could be inadmissible for life, i.e., if a Green Card holder gets deported for felonies committed. But even if that's not the case, somebody who has a nasty history with USCIS, whether that's through overstay or a crime committed will not ever get a non-immigrant visa to the US again. That has nothing to do with the bar or bars; it's because every application for a visa, whether visitor's visa or student visa, is adjudicated on its own merit, and knowing how difficult some people have it to even get a visa under good circumstances, you'll understand that somebody with a history has almost zero chance.

What would work, assuming the foreigner is not inadmissible for life, is an immigrant visa, once the bar or bars have been served. In plain English: if the guy who's being kicked out is married to a US citizen, and he's still married when he applies again, he has a shot to come back, earlier if a hardship waiver would be approved.

Thats what I try to write about the bars, Bob made it very clear. I want to add " sometimes ICE sends a letter toto Alien to his last address in file saying that he is no more legally present in this country and he has a chance to leave voluntarily. On other times Bag and baggage letter is issued by ICE. sometimes is a part of differed action deal etc."


May 26th, 2009 : WAVA filed.

June 1st, 2009 : RFE issued Good moral: replied june 15th 2009

July,17 2009 : Prima facie approvel received.renewed again march 3, 2010

February 2, 2010 :I-765 filed, : denied

August 12,2010 :RFE issued on WAVA, more evidence needed.

sept 3rd 2010 : I-765 filed again. 9/15/2010:Filing receipt received.

Sept 15,2010 : REF answered with all evidences.9/17/2010:RFE recvd by USCIS.

Sept 19, 2010 : I 765 approved.

Sept 19,2010 : I360 touched. status changed to RFE Under review.

sept 20th 2010 : I 765 card production ordered, No Biometric, no picture etc.

sept 21 2010 : I 765 touched, still card in production.

Sept 22,2010 : I-765 touched, Card in production.

Sept 23, 2010 : I765, touched, Approval letter mailed. Card approved (???)

Sept 24,2010 : I 765 touched again. No change???

Sept 27, 2010 : EAD received.

october 3, 2010 : old expired EAD from last year touched (#######?)

October 5, 2010 : I 360 touched.

October 12,2010 : I 360 touched. Acceptance letter issued.???

Oct 13, 2010 : court date with IJ. I,m my own lawyer.

oct 13, 2010 : I 360 touched.

oct 14th2010 : I 360 touched

oct 15 2010 : I 360 touched.

OCt 20,1020 : I 360 approved.letter received.

oct 25 2010 : I 360 touched.

april 20 2011 : court date. I,m my own lawyer.I expedited my date: filed I 485, new date January 9th 2011, case terminated.

may 9th 2011 : I 485 interview.

MAy 25th 2011 : Card production ordered.

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...