10 years ban or not?

[schizzo_fg 1]

Your Lawyer never mentioned COR?

From 2005 until 2012 (date of NTA) did not have 10 years of unlawful presence accrued requirement, wouldn't have worked for me.

We asked for prosecutorial discretion (only relief I had), but ICE opposed for my traffic violations. The judge didn't let ICE use the argument of the arrest, becasue it was dismissed. Under the criminal side of things, all ICE had was traffic tickets, and the judge still gave me the Voluntary Departure.

My attorney never submitted any of the equities I had accumulated in the US, taxes, children, affidavits, charities, non-profit things I have done, religious involvemnt community work and all that. He just bnought me time, bought me time, and bought me time, without ever pushing for any relief (because I didn't fit into any), but really never submitted any evidence as to why I was deserving of prosecutorial discretion. Therefore, we never asked the judge to grant favorable prosecutorial discretion, the judge kinda went with whatever ICE attorney was saying, and my attoenry as unprepared as it was at that hearing, didn't rebuttal one bit as to why I should be allowed to be taken off the court calendar! he just accepted the VD!

So disappointed with his representation! ... ... it may have not changed the IJ's decision, but at least I wouldn't be left with this "what if", bothering me in the back of my head!

Edited June 17, 2015 by schizzo_fg

[schizzo_fg 1]

So you couldn't marry either then

Correct! Lived together, had a kid together, but the divorce wasn't final! I mean, my removal proceedings lasted 3 years from beginning to finsh.

Edited June 17, 2015 by schizzo_fg

[Boiler 43,446]

Could usually requires 10 years but it is not a hard rule.

Not sure why you did not adjust through Wife 1. Or why you did not get a new lawyer.

[schizzo_fg 1]

Could usually requires 10 years but it is not a hard rule.

Not sure why you did not adjust through Wife 1. Or why you did not get a new lawyer.

Found out later in my marriage with wife #1 that she was brought in the country when she was 7. She later became a recipient of DACA, but that's why Ididn't adjust status with wife #1.

Could usually requires 10 years but it is not a hard rule.

Not sure why you did not adjust through Wife 1. Or why you did not get a new lawyer.

Really? Not a hard rule?

[Boiler 43,446]

Found out later in my marriage with wife #1 that she was brought in the country when she was 7. She later became a recipient of DACA, but that's why Ididn't adjust status with wife #1.

Really? Not a hard rule?

Bad move not checking legal status, especially in your situation. You would have thought it would have come up in conversation.

[schizzo_fg 1]

Bad move not checking legal status, especially in your situation. You would have thought it would have come up in conversation.

I can see why you'd say that and I say that to myself as well now, but I wouldn't change the beautfiul girls I have as daughters thanks to that marriage. At the time, I was in status, I was legal and I was in love and even if I knew about it, I probably would have married her, regardless!

how young, and unexepreinced I was!

Edited June 17, 2015 by schizzo_fg

[Shauneg 762]

Correct! Lived together, had a kid together, but the divorce wasn't final! I mean, my removal proceedings lasted 3 years from beginning to finsh.

That's what I was missing. You got married to the second wife after removla proceedings started. I admire your dedication and steadfastness to this thread. Lol. It seems you've done alot of reasearch spent alot of time on this. You seem to care and love your family. Good luck, no one can say what's going to happen.

[schizzo_fg 1]

That's what I was missing. You got married to the second wife after removla proceedings started. I admire your dedication and steadfastness to this thread. Lol. It seems you've done alot of reasearch spent alot of time on this. You seem to care and love your family. Good luck, no one can say what's going to happen.

That is one true thing. I have been more than obsessed, and because it is not a simple straight Yes or No answer, I don't find any attorneys willing to go the extra mile for me and be as involved and/or as engaged as I am in finding out for sure, if I have a ban or not.

If it's meant to be, it will be.. .. I have to leave things up to a higher source, because there's no definite answer and things could still go very well or very wrong, either way, there is NOT a definite answer to my quest at this point and my willingness to keep dumping money in new consultations with new attorneys has come to a halt, they all tell me they don't know or they don't really know what to do. The best answer I have gotten from one of them has been this: you just have to "wait and see" !

She is right!

[Hypnos 6,576]

CoR for non-LPRs requires at least ten years of continuous residence in the US (INA 240A(b)(1)(A)).

If you have ten years of residence now, as it appears, you could try the CoR route. It's very much a hail Mary move. If you win you get a green card; if you lose you get deported. There is no middle ground.

Edited June 17, 2015 by Hypnos

[Boiler 43,446]

The 10 year COR thing, trying to remember the exception, I know it was a reputable lawyer that mentioned they had done one with less. Not on this site.

Some years back....

Anyway OP has been here 12 or so.

[schizzo_fg 1]

So you were/are here on a student visa but have not attended class since 2005. You have probably also been working illegally. You are trying to use the D/S status on the I-94 to justify that you should not have a ban if you leave the US. The problem is you have already been found deportable by an immigration judge. You have been found to have overstayed long enough to incur the 10 year ban. I don't think a consular officer has the authority to overturn a decision made by an immigration judge.

Belinda63,

overstaying without getting caught by USCIS or by an IJ, doesn't accrue unlawful presence. Technically, you can come in the country as a student, drop out of school, overstay 30 years and if the school never notified to USCIS that you are not attending school anymore, you "technically & "legally" have not accrued one day of unlawful presence for purposes of the 10 years bar (no ban in that case). Crazy but that's immigration law for you as it is today!

Of course I was not supposed to be here. I was out of status, but not necessarily accruing "unlawful presence' for purpose on the 3/10 year bar. What constitues "unlawful presence" is tricky and complicated.

At first glance, it is obvious! Just by looking at the years, I haven't been going to school from 2005 to 2015. One can make that determination clearly. I'm clearly an overstay. But the "unlawful presence" accrued and appliable to me is debateable. It is debateable because of the current memos & guidelines given to USCIS adjudicators and CO's to calculate the amount of unlawful presence vs lawful presence accrued (for those with a "duration-of-status" stamp on their passport and on their I-94).

If I get slapped with ban with CO, I will "attempt" to argue that I started accruing unlawful presence when the judge formally found me to be out of status. When the judge went on the record and found me formally out of status will give me less than 180 days of unlawful presence (time elpased from formal finding to issuance of order of VD). The day of the Voluntary Departure order stopped the accrual of unlawful presence. Because I have accumulated less than 180 days worth of unlawful presence, I shouldn't have a ban.

The question remains: Is the CO going to use the USCIS letter of denial dated 2005 as the official start of accrual of unlawful presence, even though it is a burecreatic mistake made by USCIS to have sent that letter?

Who knows what will be the outcome! but I'll fight teeth and nails if I do have a legal loophole to not have a ban.

[schizzo_fg 1]

CoR for non-LPRs requires at least ten years of continuous residence in the US (INA 240A(b)(1)(A)).

If you have ten years of residence now, as it appears, you could try the CoR route. It's very much a hail Mary move. If you win you get a green card; if you lose you get deported. There is no middle ground.

Caviat to that is the 10 year continuos residence stops the date showed on the NTA. NTA was served to me in the year 2012, I had 9 years of continuos residence at the time, not quite 10, that's why my attorney never pursued it.

We could have. The burden to prove the contrary would have been on the ICE attorney to prove that I didn't have 10 years of continunos residence to qualify, but because we knew I had 9 years when the nTA was served, we decided to not pursue it! If I pursue that right now, it may buy me time, it may re-open the case. I would have to persuade the judge that there was ineffective representation with my lawyer and make argument that I was eligible to qualify for COR the entire time, but once the dates are studied and caught by the ICE attorneys, I will look stupid and in the end I'd lose, most likely!

Plus, COR comes with a standard of "extreme and unusual hardship", not just "extreme hardship"! I should have studied law, for as much as I know by studying my case.. ... LOL

The only move I have right now is: File an MTR, hope the judge re-opens, prove that the marriage is bona-fide, get my green card. If it works, I made it. If it doesn't, the punishment is the same whether I go, whether I fight it! 10 years ban!

However, if I leave with an order of deportation, I may spend some time in jail before being put on the plane! I don;t like that at all!, that's why I'm 8-0% positive I'm leaving and hope for the best!

Edited June 17, 2015 by schizzo_fg

[schizzo_fg 1]

1. Italy

2. D/S stamp (no date)

3. DHS served the NTA, after an arrest (that was dismissed). I was in the US, went to Canada from the US and got back in re-entering from Canada.

cAN YOU EXPLAIN THIS TO ME BETTER?

[schizzo_fg 1]

For those that have followed this post:

Would you suggest I marry before leaving the US or leave the US and have her petition me later through a K-1 VISA or... ... it doesn't matter when I get married, as long as I obey the voluntary departure date?

[Boiler 43,446]

Ohh, you said your wife was petitioning for you.

So your wife has filed for you?

Yes, waiting for receipt, hoping to convince IJ to re-open my case with just receipt of acceptance of I-130 and marriage license. We have children togeher, so hightened burdeon proof of bona fide marriage is there !!!

Here is it is.