Jump to content
Sign in to follow this  
Marimar04

i-130 RESCISSION?

5 posts in this topic

Recommended Posts

Filed: Citizen (apr) Country: Spain
Timeline

I just been denied my returning inmigrant visa SB-1 for nos showing enough evidence that support my overstaying in my Spain with my USC husband and child so I am starting over the process as the embassy official suggested me to do.

I do not know if I should answer YES or No to the question 16: Has your relative been under immigration proceedings? I was always legal in the US and I am not sure if I should answer YES because they denied this visa.

Thanks


12/14/19 applied online N400

01/09/20 Biometrics appointment

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: Spain
Timeline

I just been denied my returning inmigrant visa SB-1 for no showing enough evidence that support my overstaying in Spain with my USC husband and child so I lost my permanent resident status and I am starting over the process. That's what the consular off advised me to do.

Now, I'm filling the I-130 form and do not know if I should answer YES or No to the question 16: Has your relative been under immigration proceedings? I was always legal in the US and I am not sure if I should answer YES because they denied this visa.

Thanks

Sorry for editing the post

Edited by Marimar04

12/14/19 applied online N400

01/09/20 Biometrics appointment

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: Spain
Timeline

I just found this: http://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-12524/0-0-0-12533.html#0-0-0-475

Rescission proceedings serve only the goal of eliminating an improperly granted benefit. It places the alien in the status that he or she would have if adjustment had never been granted. In certain limited circumstances this can result in the alien having some form of lawful immigration status even after rescission. In most instances, however, it will result in the alien having no lawful status and being liable for removal proceedings. A contested rescission proceeding requires a hearing before an immigrati on judge, so, as stated above, most cases subject to possible rescission should be treated with removal proceedings.

And that's not my case.


12/14/19 applied online N400

01/09/20 Biometrics appointment

Share this post


Link to post
Share on other sites
Country: Jamaica
Timeline

Now, I'm filling the I-130 form and do not know if I should answer YES or No to the question 16: Has your relative been under immigration proceedings? I was always legal in the US and I am not sure if I should answer YES because they denied this visa.

Thanks

Sorry for editing the post

You were not under immigration proceedings. Persons under this are usually people who have overstayed, broken the law and are being deported.

You are okay. Good luck.


Petitioner LPR upgraded to USC June 22, 2012
August 22, 2012: case complete
October 18, 2012: Interview (APPROVED)
October 26, 2012: Picked up visa from DHL (delay caused by Sandy)
December 15, 2012: POE Atlanta....................became USC July 2016!!!!

Mothers' Journey (My sister is the petitioner)

September 10, 2013: Sent I-130 (UPS next day service)

September 12, 2013: Received text to confirm delivery

September 16, 2013: Received NOA 1

March 22, 2014: Received NOA 2

April 8, 2014: File Received by NVC

May 26, 2015: Interview (approved)..........now LPR (delays caused by 2 RFE)

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...