If AWA denied - How much time before I have to leave the US?

[Jen144 0]

Not sure where to post this, so apologies if it's the wrong place.

I am adjusting status from a B2 visitor visa to permanent resident. The Adam Walsh Act applies in my case. I have sent off an AWA Waiver petition, but if this is denied, I'm wondering what happens? What advance notification do I receive before they begin deportation proceedings? If I'm denied, I'm just wondering how far in advance I get to know this so I can leave before USCIS does anything else. That includes a hearing, etc.

Thanks.

[NikLR 13,220]

~~moved to AOS from work, tourist, and student visas from K1 IMBRA~~

[Ryan H 3,791]

If the petition is denied, the denial notice may also be accompanied by a Notice to Appear. An NTA could also be separate but there is no specified time period as to when it will be sent.

You don't have to wait for an NTA in the event the petition is denied. You can request voluntary departure on your own, if that request is granted, you will be given a timeframe in which you must depart the US.

Edited December 13, 2015 by Ryan H

[Jen144 0]

If the petition is denied, the denial notice may also be accompanied by a Notice to Appear. A notice to appear could also be separate but there is no specified time period as to when it will be sent.

You don't have to wait for an NTA in the event the petition is denied. You can request voluntary departure on your own, if that request is granted, you will be given a timeframe in which you must depart the US.

If the petition is denied, the denial notice may also be accompanied by a Notice to Appear. A notice to appear could also be separate but there is no specified time period as to when it will be sent.

You don't have to wait for an NTA in the event the petition is denied. You can request voluntary departure on your own, if that request is granted, you will be given a timeframe in which you must depart the US.

How do I apply for voluntary departure? Just write a letter to DHS (and what address do I post it to) asking for it, if it's prior to any removal hearings?

Why can't I just fly out of the country and (as immigration obviously will know when I leave) have abandoned the entire immigration application, if it is after receiving a Notice to Appear and before attending any hearings? Will they stop me at the airport?

[Ryan H 3,791]

If the petition and the AOS are both denied, you will not be stopped from simply getting on a plane and flying out of the US on your own.

[IcezMan_IcezLady 582]

How do I apply for voluntary departure? Just write a letter to DHS (and what address do I post it to) asking for it, if it's prior to any removal hearings?

Why can't I just fly out of the country and (as immigration obviously will know when I leave) have abandoned the entire immigration application, if it is after receiving a Notice to Appear and before attending any hearings? Will they stop me at the airport?

I don't know how you apply for voluntary departure but If you do, it will be on record just in case you wanna go through US immigration again some day, there's a paper trail. It might not have a huge magnitude on your future case but at least you have something to say, I left on my own.

I'm not sure if immigration agents crosschecks names of people departing the country with those who are still here. I doubt immigration agents go through that unless, maybe in special situations. (that's my assumption).

That's why there people here illegally and some have remained under the radar..

that's just my opinion.

[Boiler 43,582]

That you were able to get a B with your history must be a plus.

[NikLR 13,220]

Strangely they do check. K1 visa holders sometimes have issues with their AOS because they don't cancel return tickets.

[Unidentified 2,930]

I don't know how you apply for voluntary departure but If you do, it will be on record just in case you wanna go through US immigration again some day, there's a paper trail. It might not have a huge magnitude on your future case but at least you have something to say, I left on my own.

I'm not sure if immigration agents crosschecks names of people departing the country with those who are still here. I doubt immigration agents go through that unless, maybe in special situations. (that's my assumption).

That's why there people here illegally and some have remained under the radar..

that's just my opinion.

All your arrivals and departures to and from the US is registered, they do keep an eye on you. (Check your I-94...) The reasons the US have a lot of illegal immigrants have nothing to do with the registration of people. Most of the illegals sneak accross the border. Some come here on visa's and stay and ICE etc are too busy to go try to track everyone down.

[IcezMan_IcezLady 582]

All your arrivals and departures to and from the US is registered, they do keep an eye on you. (Check your I-94...) The reasons the US have a lot of illegal immigrants have nothing to do with the registration of people. Most of the illegals sneak accross the border. Some come here on visa's and stay and ICE etc are too busy to go try to track everyone down.

I never said that the registration is the only reason for illegal immigrants. Illegal immigrants crossing the border have no bearing on OP's situation so my reference was about those who come in by plane and overstay. I said I doubt if immigration cross-check that departure and arrival information all the time. I believe if they did, they would have done lots of raids and tracking to get folks that overstay especially those who use the VWP, B-2 visas but of course, we all like to blame the people across the border.

"The absence of a comprehensive entry-exit matching system...." The link to article is below.

http://www.fairus.org/issue/visa-overstayers

I've never had the need to check my I-94

[Genesisfan 10]

On 12/13/2015 at 1:23 PM, Jen144 said:

How do I apply for voluntary departure? Just write a letter to DHS (and what address do I post it to) asking for it, if it's prior to any removal hearings?

Why can't I just fly out of the country and (as immigration obviously will know when I leave) have abandoned the entire immigration application, if it is after receiving a Notice to Appear and before attending any hearings? Will they stop me at the airport?

What was the outcome?

were you successful?

are you granted an approval?

are you in the USA?