Jump to content
 Share

155 posts in this topic

Recommended Posts

Filed: Citizen (apr) Country: Australia
Timeline

You are not in a good place but its not the worst thing that ever happened. This can be salvaged. You made a terrible mistake but this happens more often than a lot of people are willing to admit.

Forget all the negativity you are getting here. Contact an attorney and see what your options are. I know someone that did not follow through with their initial adjustment of status once she got a decent job. Later on, she met someone else and this time, she followed through with the AOS. She wrote a letter to USCIS asking them to close off her previous case then filed an AOS and included the divorce decree with her application.

There are over 11M undocumented immigrants! Millions of other illegals. Your situation is bad but its not like anyone died and its really not the worst thing that happened:) There is still alot you can do. We all make mistakes. So keep your head up and pursue your options

This is not AOS, this is ROC. Different kettle of fish. Your story has NOTHING to do with the OP's situation. Not even slightly.

The OP has kids. The OP has no status and no ability to legally get that status. The OP will be deported (if not alread inabsentia) and their kids could remain here with the exspouse. I would say that's pretty darn bad!

Link to comment
Share on other sites

Filed: Timeline

I may sound mean, but how the HECK can you forget to remove your conditions only two years following you got it? If it was the 10 year one, okay, that is a long shot. But for two years??? I have a very hard time believing that and USCIS may think along the same line....just weird...very weird...

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Nigeria
Timeline

This is not something where wishing that happy fairy dust will make everything better. YOU screwed up big time. The fact that this will mess up your perfect life will not make it go away and there is no happy path to make it better. Living in the US is a privilage and there are rules you must abide by to mainatin that. You ignored the rules and now want to wish the rule away. The rules say that if you fail to remove conditions you will be placed in deportation. The fact that you have not run into something that brought attention to your illegal status doesn't chage the fact that. You aren't going to find a get out of jail free card under your pillow and those that are saying it will be ok have not read one word of the immigration laws involves in failure to remove conditions. This is terribly serious and likely not going to turn out well for you.

This will not be over quickly. You will not enjoy this.

Link to comment
Share on other sites

Filed: Timeline

It's not. You're wrong. In the OP's case they already had a GC. The OP failed to remove conditions (whether still together, divorce or whatever). Their marriage is now IRRELEVANT to their status. The OP failed to file, THAT, and that ALONE is what revoked their legal status. No amount of good faith marriage evidence negates the fact the OP did NOT do what they were supposed to.

I'm also willing to bet, given previous statements, that the OP hasn't updated their address with the AR-11, nor their spouse with the I-865. Another breach of the law.

Again, their marriage DOES. NOT. MATTER. Their divorce. DOES. NOT. MATTER. The OP did not ROC, that is why their status was revoked. They essentially failed an exam by not taking the exam. Doesn't matter if they *would* have passed it, they didn't do it. They're in a lot lot lot lot LOT of trouble. They need to stop working immediately as they're working illegally.

It might not matter to the USCIS, but I know people that have gone against them and won lawsuits. I am not sure about his exact case though, but you are wrong in thinking the USCIS omnipotent. The USCIS is only a very abusive government entity, but not even the IRS is free to do whatever it wants. I just hope Obama immigration reform puts a stop to the bullying coming from USCIS.

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Greece
Timeline

Nothing substantial to add other than the situation IS VERY serious whether you want to believe it or not, and that yes, you are in big trouble. I'm sorry.

If you're still following this thread OP - DO NOT contact USCIS on Monday. Contact an experienced attorney to guide you FIRST before you get in any touch with USCIS, let the attorney handle the situation if there's anything at all that can be done (but be sure they are an honest and trustworthy professional with experience in cases of this sort). A lot is at stake here and I hope you realize it.

I'd be very interested to hear what the attorney says once you consult with them and hear an update on your situation. Good luck but please be prepared for the worst (i.e. deportation, separation from your kids, no legal way to re-enter the US since PR status is lost for 5 years now). I'm really sorry because it sounds like you would have been a straight forward case of having your conditions removed and becoming an unconditional PR (and by now even a citizen) and you blew it by not caring enough and not doing enough research on your status.

My CR1 timeline (DCF London):
June 26, 2010 - civil wedding
Aug 2, 2010 - I-130 package mailed to the London Consulate (DCF)
Aug 9, 2010 - NOA1 (confirmation of receipt) via email
Sep 4, 2010 - religious wedding
Oct 21, 2010 - NOA2
Nov 25, 2010 - Case number received in the mail
Nov 29, 2010 - Medical
Dec 1, 2010 - DS-230I & DS-2001 forms mailed back
Feb 1, 2011 - Interview - APPROVED!!!
Feb 7, 2011 - Passport with Visa received via courier
June 7, 2011 - POE Los Angeles (LAX)
June 18, 2011 - 2-Year Green card received in the mail!!!

My ROC journey:
April 2, 2013 - I-751 package mailed to California Service Center

April 3, 2013 - NOA1 date
April 8, 2013 - check cleared
May 6, 2013 - Biometrics completed

July 25, 2013 - 10 year green card APPROVED!! (notification via text and email, and website updated)

July 29, 2013 - ROC approval letter received in the mail

July 31, 2013 - 10 year green card received in the mail!!!

My N-400 journey:

March 19, 2014 - N-400 package mailed to Phoenix, AZ Lockbox

March 24, 2014 - NOA1 date and Priority Date

March 27, 2014 - Check cleared

April 21, 2014 - Biometrics done

May 7, 2014 - In line for interview

June 23, 2014 - Scheduled for interview

July 28, 2014 - Interview - PASSED!!

July 30, 2014 - In line for oath

July 31, 2014 - Scheduled for oath

Aug 2, 2014 - Oath letter received

Aug 27, 2014 - Oath ceremony, I am a US citizen!!!

Sep 11, 2014 - US passport received

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Iran
Timeline

So if my driver's license was expired for five years and I got a ticket for driving without a license all I would have to do is prove that at one time, many years ago, I passed the test to get a license and everything will be OK and the ticket will be dropped?

His green card expired, he failed to renew it. He is no longer legal in the US. Doesn't matter that he was married to a US citizen years ago. He failed to renew his "license" and is at risk of being caught driving without it.

There is no route any of us can see for you to obtain a new green card. You really need to do a few free consults with immigration attorneys to see if there is someway of which we are not aware for you to re-gain status.

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Haiti
Timeline

I'm not going to the office, I will make a phone call.

If it is this serious my SS would have been canceled. My credit cards and probably would have told my current employer to not hire me. I got hired by one of the biggest Hotel/casino here in Las Vegas, and the card was already expired.

So I don't know, I'm new to all this and I hope this is not a huge deal. We will see on Monday when I call them.

Like another user said, get a lawyer first. I would not even call them before contacting a lawyer. Calling them on your own might trigger deportation and they'll only give you about 30 days... So, contact a lawyer first, even if it's just for the first consultation to get an overview of what's ahead for you... Good luck and I hope you take this advice!

To see a more detailed journey schedule, please see the About Me page and my Timeline.

Our K1 Process

June 7, 2012 -- Sent I-129F to June 9, 2013 -- Religious & Civil Wedding Ceremony in CT

FROM I-129f NOA1 to VISA APPROVAL: Exactly 8 months! No RFEs

Our AOS Process

July 16, 2013 -- Mailed AOS, EAD, and AP Paperwork to December 21, 2013 -- Received GC Card in the Mail!

FROM NOA1 to GREEN CARD in Hand: Exactly 4 months 27 days! No Interview or RFEs.

Our ROC Process

September 21, 2015 -- Mailed ROC Paperwork to August 6, 2016 -- Received Card in the Mail!

FROM NOA1 to GREEN CARD in Hand: Exactly 10 months 10 days! No Interview or RFEs.

Our {His} N-400 Process

Eligible to Apply for Citizenship on September 14, 2016.

October 4, 2016 -- Mailed N-400 Paperwork.

November 8, 2016 -- Completed Biometrics.

May 6, 2017 -- Received Interview Letter in the Mail.

June 8, 2017 -- Interview Passed!

June 16, 2017 -- Oath Ceremony! He is a USC!!

FROM Application to CITIZENSHIP: Exactly 8 months 13 days! No RFEs.

== I am the Petitioner/Sponsor/Citizen Spouse ==

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Haiti
Timeline

He entered his marriage in good faith and by law that’s all that is needed to get a PR card. If USCIS refuses to give him his PR status back – which is like 90% probable in his case - he should bring USCIS to a law court. He stands to win in a case like this because USCIS will have to proof that he entered his marriage NOT in good faith. Since, he is presumed innocent until proven guilty by law. The burden of proof will fall on to the USCIS to proof otherwise. He will win against USCIS because they will find no evidence of his guiltiness; it’s very difficult to proof a false negative. After this, the judge will order USCIS to put him back into status. From my point of view this is the most probable outcome for him, but you are right he needs a lawyer to bully back USCIS into place. The most basic truth here is that he didn’t do anything wrong, he simple forgot and didn’t know that a entity as draconian as USCIS existed.

This is a very unresearched comment. The only time this could be SLIGHTLY true is if USCIS refused to give him his TWO (2) year GC in the first place without any proofs that his marriage was not a bonafide one. But I said, slightly, because USCIS holds the final say...

To see a more detailed journey schedule, please see the About Me page and my Timeline.

Our K1 Process

June 7, 2012 -- Sent I-129F to June 9, 2013 -- Religious & Civil Wedding Ceremony in CT

FROM I-129f NOA1 to VISA APPROVAL: Exactly 8 months! No RFEs

Our AOS Process

July 16, 2013 -- Mailed AOS, EAD, and AP Paperwork to December 21, 2013 -- Received GC Card in the Mail!

FROM NOA1 to GREEN CARD in Hand: Exactly 4 months 27 days! No Interview or RFEs.

Our ROC Process

September 21, 2015 -- Mailed ROC Paperwork to August 6, 2016 -- Received Card in the Mail!

FROM NOA1 to GREEN CARD in Hand: Exactly 10 months 10 days! No Interview or RFEs.

Our {His} N-400 Process

Eligible to Apply for Citizenship on September 14, 2016.

October 4, 2016 -- Mailed N-400 Paperwork.

November 8, 2016 -- Completed Biometrics.

May 6, 2017 -- Received Interview Letter in the Mail.

June 8, 2017 -- Interview Passed!

June 16, 2017 -- Oath Ceremony! He is a USC!!

FROM Application to CITIZENSHIP: Exactly 8 months 13 days! No RFEs.

== I am the Petitioner/Sponsor/Citizen Spouse ==

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Sweden
Timeline

Advokat!!!! You are in serious trouble!! What the heck were you thinking??

They will kick your butt out, get a lawyer first!!

Noa 1 August 15th 2011
Noa 2 March 2nd


NVC case numbers March 22nd
My sons AOS and IV bill paid March 23rd (status in progress)
My sons AOS and IV bill shows as paid March 26
My IV bill paid March 26
Both packages sent on March 26
My IV bill shows as paid on March 27th
CC on both cases March 30


Current record holder of fastest through the NVC :D

Medical exam in Stockholm April 13th
Interview on May 16th !!!

POE Anchorage July 12th!! 2012

July 2015 n-400 in the mail

September 2015, interview

October 23rd 2015, Oath ceremony!!!!!​​

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Ukraine
Timeline

What I don't understand is the employer hiring a worker with an expired GC... isn't there a huge penalty now for doing that? Maybe they just didn't care.

And DMV? I guess some states just renew your DL without asking for immigration status.

In any case, in not so many words:

OP, you are screwed. Plain and simple.

Слава Україні!

--------------------
Full Timeline

chimpanzee.jpg

Link to comment
Share on other sites

Filed: IR-1/CR-1 Visa Country: Algeria
Timeline

You are not in a good place but its not the worst thing that ever happened. This can be salvaged. You made a terrible mistake but this happens more often than a lot of people are willing to admit.

Forget all the negativity you are getting here. Contact an attorney and see what your options are. I know someone that did not follow through with their initial adjustment of status once she got a decent job. Later on, she met someone else and this time, she followed through with the AOS. She wrote a letter to USCIS asking them to close off her previous case then filed an AOS and included the divorce decree with her application.

There are over 11M undocumented immigrants! Millions of other illegals. Your situation is bad but its not like anyone died and its really not the worst thing that happened:) There is still alot you can do. We all make mistakes. So keep your head up and pursue your options

AOS is a different animal than ROC. I am not saying it cannot be salvaged, but it would be highly unlikely as no ROC.

I do have first hand experience with this as someone within my family did not file the ROC in time - only about 9 months too late. Guess where he is... yep, back in his country - even with a lawyer. They didn't hesitate to tell him no way, no excuse.

Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.
Guest
This topic is now closed to further replies.
- 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...