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Dealing with RFE for proof of entry (split topic)

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Filed: Citizen (apr) Country: Haiti
Timeline

Many Canadians are denied AOS for lack of proof of lawful admission. A quick Google search turns up dozens of cases like this. The Adjudicators Field Manual states that proof of lawful admission is a matter of evidence and not a matter of discretion. Canadians who entered the US by crossing a land border after October 1, 1906 (or after July 1, 1924, if they passed through a preinspection station) are not allowed the presumption of lawful admission. They need proof.

Many Canadians who enter the US now do not get their passports stamped, but they do scan the RFID chip in the passport and record their entry.

Edited by JimVaPhuong, 23 October 2011 - 10:26 AM.

My wife and I are going through this now. She is (was) a Canadian LPR and entered the US via land through Niagra Falls. She presented herself to a CBP Officer and was waved through without an I-94 or stamp in her Haitian passport. She did not intend to stay in the US, but did anyway. I anticipated this being a problem and we hired an attorney to handle our case. A Matter of Areguillin legal brief and an affidavit of her entry circumstances was submitted with our I-130, I-485, and I-765. As expected, we received an RFE for proof of legal entry into the US. Our attorney sent the affidavit and brief again, so hopefully USCIS will be satisfied. Probably a long shot, but I also filed a FOIA request with CBP for proof of her entry. It is not easy, but AOS can be approved without definitive proof of lawful admission using Matter of Areguillin, which was reaffirmed by Matter of Quilantan. Unlike criminal law, the burden of proof is on the beneficiary.

AOS

I am the petitioner:
11/11/2013 filed I-130, I-485, and I-765 concurrently
11/19/2013 NOA1
11/29/2013 received biometrics appointment letter
12/06/2013 RFE
12/19/2013 biometrics completed
12/20/2013 RFE Response mailed to NSC
12/21/2013 RFE Response delivered to NSC
12/24/2013 Case placed in RFE Review status
01/16/2014 EAD in document production
01/21/2014 EAD mailed out
01/22/2014 I-485 placed in Testing and Interview status
01/23/2014 EAD received

05/07/2014 Received notification that interview is scheduled for June 12

06/12/2014 Interview. I-130 approved, but AOS pending decision

06/13/2014 AOS approved

06/18/2014 Notification that Green Card has been mailed

06/20/2014 Received green card and welcome letters

I-751:Removal of Conditions

03/19/2016 Mailed I-751 package to VSC via USPS Priority Express

03/21/2016 VSC received I-751

03/25/2016 $590 check cashed

03/28/2016 Received NOA1 dated 03/22/2016

04/08/2016 Received biometrics appointment for 04/18/2016
04/18/2016 Biometrics completed

03/25/2017 Received approval letter (date of approval was 03/19/2017)

04/04/2017 Received "New card is being produced" text messages and emails

03/19/2017 ROC approved

N-400: Naturalization

04/19/2017 Priority date

05/15/2017 Biometrics completed

06/16/2017 Case in line for an interview

12/04/2017 Interview was scheduled 

12/09/2017 Received interview appointment letter 01/09/2018

01/09/2018 Interview (passed tests and recommended for approval)

01/23/2018 Online status updated to "Oath Ceremony Will Be Scheduled"

03/14/2018 Online Status updated to "Oath Ceremony Notice Was Mailed" (letter received 03/17)

03/28/2018 Oath Ceremony...wife is a U.S. Citizen!

 

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Filed: Lift. Cond. (apr) Country: China
Timeline

Post split from thread over two years old.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

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Filed: Citizen (apr) Country: Haiti
Timeline

Thanks, Ryan.

AOS

I am the petitioner:
11/11/2013 filed I-130, I-485, and I-765 concurrently
11/19/2013 NOA1
11/29/2013 received biometrics appointment letter
12/06/2013 RFE
12/19/2013 biometrics completed
12/20/2013 RFE Response mailed to NSC
12/21/2013 RFE Response delivered to NSC
12/24/2013 Case placed in RFE Review status
01/16/2014 EAD in document production
01/21/2014 EAD mailed out
01/22/2014 I-485 placed in Testing and Interview status
01/23/2014 EAD received

05/07/2014 Received notification that interview is scheduled for June 12

06/12/2014 Interview. I-130 approved, but AOS pending decision

06/13/2014 AOS approved

06/18/2014 Notification that Green Card has been mailed

06/20/2014 Received green card and welcome letters

I-751:Removal of Conditions

03/19/2016 Mailed I-751 package to VSC via USPS Priority Express

03/21/2016 VSC received I-751

03/25/2016 $590 check cashed

03/28/2016 Received NOA1 dated 03/22/2016

04/08/2016 Received biometrics appointment for 04/18/2016
04/18/2016 Biometrics completed

03/25/2017 Received approval letter (date of approval was 03/19/2017)

04/04/2017 Received "New card is being produced" text messages and emails

03/19/2017 ROC approved

N-400: Naturalization

04/19/2017 Priority date

05/15/2017 Biometrics completed

06/16/2017 Case in line for an interview

12/04/2017 Interview was scheduled 

12/09/2017 Received interview appointment letter 01/09/2018

01/09/2018 Interview (passed tests and recommended for approval)

01/23/2018 Online status updated to "Oath Ceremony Will Be Scheduled"

03/14/2018 Online Status updated to "Oath Ceremony Notice Was Mailed" (letter received 03/17)

03/28/2018 Oath Ceremony...wife is a U.S. Citizen!

 

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