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canlady

If My Adjustment of Status is Denied, Will I Be Banned from US?

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I am a Canadian married to an American Citizen. I will be *out of status* in 5 days. I am going to get my medical today, but they will not have it signed and approved until the 25 and I will be out of status by then. If by some change our adjustment of status and paperwork is denied for some reason or we do not have enought evidence, can I go back to Canada without being banned from the United Status? Thanks!

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How did you enter the US? (what type of visa)


Depending on how you entered, you should search around VJ for similar topics:

http://www.visajourney.com/forums/topic/301169-aos-denied-banned-from-us-really/

http://www.visajourney.com/forums/forum/130-adjustment-of-status-from-work-student-tourist-visas/


K1 Visa Process AOS Process

Mar 18 2013: I-129F mailed to CSC Nov 15 2013: I-485 with EAD/AP filed at Chicago Lockbox

Sept 19 2013: Interview - Approved!! Jan 25 2014: EAD/AP Card Received

Oct 6 2013: POE - Chicago O'Hare June 2 2014: Permanent Resident Card Received!

Oct 27 2013: Wedding!

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Is this a K1?


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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As long as you entered legally (ie: with inspection) you likely won't have any issues. If they determine you don't have enough evidence, they will give you an RFE to provide more. If, for some reason, you are denied, you will have the opportunity to appeal before they send you the notification to remove your self from the country. Removal would not result in a ban, although the reason for the denial would have to be overcome for the CR-1 visa if you decided to try for that.

Overstay over 180 days (but less than a year) would result in a ban from re-entering for 3 years upon leaving the country. Over a year is a 10 year ban.

Is there any specific reason you think you might be denied? Maybe we can help.


Post on Adjudicators's Field Manual re: AOS and Intent: My link
Wedding Date: 06/14/2009
POE at Pearson Airport - for a visit, did not intend to stay - 10/09/2009
Found VisaJourney and created an account - 10/19/2009

I-130 (approved as part of the CR-1 process):
Sent 10/01/2009
NOA1 10/07/2009
NOA2 02/10/2010

AOS:
NOA 05/14/2010
Interview - approved! 07/29/10 need to send in completed I-693 (doctor missed answering a couple of questions) - sent back same day
Green card received 08/20/10

ROC:
Sent 06/01/2012
Approved 02/27/2013

Green card received 05/08/2013

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As long as you entered legally (ie: with inspection) you likely won't have any issues. If they determine you don't have enough evidence, they will give you an RFE to provide more. If, for some reason, you are denied, you will have the opportunity to appeal before they send you the notification to remove your self from the country. Removal would not result in a ban, although the reason for the denial would have to be overcome for the CR-1 visa if you decided to try for that.

Overstay over 180 days (but less than a year) would result in a ban from re-entering for 3 years upon leaving the country. Over a year is a 10 year ban.

Is there any specific reason you think you might be denied? Maybe we can help.

Are you sure this is true? I'm not 100% sure since Canada has a unique visitor situation with the US. But I know that if someone from Europe enters on VWP and is denied AOS, they have no grounds for appeal since they entered that way.

If you enter on a K-1 visa, then you can most certainly appeal. But the opportunity to appeal depends on how one entered the country.


K1 Visa Process AOS Process

Mar 18 2013: I-129F mailed to CSC Nov 15 2013: I-485 with EAD/AP filed at Chicago Lockbox

Sept 19 2013: Interview - Approved!! Jan 25 2014: EAD/AP Card Received

Oct 6 2013: POE - Chicago O'Hare June 2 2014: Permanent Resident Card Received!

Oct 27 2013: Wedding!

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Are you sure this is true? I'm not 100% sure since Canada has a unique visitor situation with the US. But I know that if someone from Europe enters on VWP and is denied AOS, they have no grounds for appeal since they entered that way.

If you enter on a K-1 visa, then you can most certainly appeal. But the opportunity to appeal depends on how one entered the country.

Yes. Canadians enter on a de facto B-2. Canada is definitely NOT a VWP country.


Post on Adjudicators's Field Manual re: AOS and Intent: My link
Wedding Date: 06/14/2009
POE at Pearson Airport - for a visit, did not intend to stay - 10/09/2009
Found VisaJourney and created an account - 10/19/2009

I-130 (approved as part of the CR-1 process):
Sent 10/01/2009
NOA1 10/07/2009
NOA2 02/10/2010

AOS:
NOA 05/14/2010
Interview - approved! 07/29/10 need to send in completed I-693 (doctor missed answering a couple of questions) - sent back same day
Green card received 08/20/10

ROC:
Sent 06/01/2012
Approved 02/27/2013

Green card received 05/08/2013

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Canadians visitors are usually D/S.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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I knew Canada isn't VWP, I just wasn't sure if they followed similar rules.

Boiler - what is D/S (I learn something new everyday on here!)?


K1 Visa Process AOS Process

Mar 18 2013: I-129F mailed to CSC Nov 15 2013: I-485 with EAD/AP filed at Chicago Lockbox

Sept 19 2013: Interview - Approved!! Jan 25 2014: EAD/AP Card Received

Oct 6 2013: POE - Chicago O'Hare June 2 2014: Permanent Resident Card Received!

Oct 27 2013: Wedding!

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Duration of Stay. No specific "get the heck out of the country" date.


Post on Adjudicators's Field Manual re: AOS and Intent: My link
Wedding Date: 06/14/2009
POE at Pearson Airport - for a visit, did not intend to stay - 10/09/2009
Found VisaJourney and created an account - 10/19/2009

I-130 (approved as part of the CR-1 process):
Sent 10/01/2009
NOA1 10/07/2009
NOA2 02/10/2010

AOS:
NOA 05/14/2010
Interview - approved! 07/29/10 need to send in completed I-693 (doctor missed answering a couple of questions) - sent back same day
Green card received 08/20/10

ROC:
Sent 06/01/2012
Approved 02/27/2013

Green card received 05/08/2013

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D/S Duration of Study. Only applies to F-1 visa and other educational type visas.


- - - - - - - - - - - - - - - - Time Line - - - - - - - - - - - - - - - - - -

10 Year Green Card Process

July 22, 2017  ROC packet sent to Vermont.

July 24, 2017  ROC packet signed for in Vermont.

August 8, 2017  NOA received at house.  15 days since ROC signed for in VT.

August 12, 2017 ASC appointment received. 19 days since ROC in VT.

August 25, 2017 BIO completed. 32 days since ROC received in VT.

August 11, 2018  18 month extension letter received.  Critical number  297

September - October 2018  10 year card expected ????

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D/S Duration of Study. Only applies to F-1 visa and other educational type visas.

Duration of Status

No


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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If your plan was to enter as a tourist, get married and stay then you have committed visa fraud. Having said that, no-one can read minds so it is a grey area. Speaking to an immigration professional might be a good idea.

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If your plan was to enter as a tourist, get married and stay then you have committed visa fraud. Having said that, no-one can read minds so it is a grey area. Speaking to an immigration professional might be a good idea.

Be that as it may, intent alone cannot be used to deny AOS.


ROC from CR-1 visa (Green Card expiration date was Nov 24th 2016)

 

Link to the evidence I submitted. Be sure to send evidence spanning your entire marriage (especially for K-1) or as far back as you can. Just one or two bank statements will not cut it. I primarily focused on the two years of living here since I came in on a CR-1. If you don't have the fundamentals (i.e. joint accounts/policies), you can explain why in the covering letter. E.g. "While we do not have joint utilities, we both contribute to them from our joint bank account".

 

September 26th 2016: I-751 package sent to CSC

September 28th 2016: Package delivered
September 30th 2016: Check cashed
October 3rd 2016: NOA1 received with receipt date of 09/28/16
November 3rd 2016: Biometrics received with appointment date of 11/14/16.
November 14th 2016: Attended biometrics appointment
October 30th 2017: Infopass appointment to get I-551 stamp
February 26th 2018: I-751 case number (aka the NOA1 receipt number) becomes trackable
March 14th 2018: Submitted service request due to being outside of processing time.

March 15th 2018: ROC approved. 535 days (1 year, 5 months and 17 days)

March 29th 2018: Card being produced

April 4th 2018: Card mailed out

April 6th 2018: Card in hand. Has incorrect "resident since" date. Submitted service request on I-751 case (typographical error on permanent resident card) and an I-90 online.

April 2018 - August 7th 2018: Tons of service requests, emails and now senator involvement to get my corrected green card back because what the heck, USCIS

August 8th 2018: Card in production thanks to the direct involvement of Senator Sherrod Brown's team

August 13th 2018: Card mailed

August 15th 2018: Card in hand with correct date. :joy:

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Duration of Status, I thought...

Ugh, yes, you are correct. Brain fart. Sorry!


Post on Adjudicators's Field Manual re: AOS and Intent: My link
Wedding Date: 06/14/2009
POE at Pearson Airport - for a visit, did not intend to stay - 10/09/2009
Found VisaJourney and created an account - 10/19/2009

I-130 (approved as part of the CR-1 process):
Sent 10/01/2009
NOA1 10/07/2009
NOA2 02/10/2010

AOS:
NOA 05/14/2010
Interview - approved! 07/29/10 need to send in completed I-693 (doctor missed answering a couple of questions) - sent back same day
Green card received 08/20/10

ROC:
Sent 06/01/2012
Approved 02/27/2013

Green card received 05/08/2013

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