Ir5 interviewed and get 221g plz help

[sammi608612 1]

Thanks guys my friend needs help.

She came to US as a visitor, but she applied the refugee in the US between 2009 and 2012. At first court hearing, she failed and the court reschedule it in 2014. But she came back to China in sep 2012 because her father passed away at that time. She told her immigration attorney that she wanted to close her refugee petition. So here is the question. Her daughter who is a US citizen file the immigration for her this year. She just had her interview last month. After the interview, she was requested to submit more documents like her old passport and the court record. So she mailed out the court hearing schedule documents to The consulate. But now she gets another notice from the consulate saying that they need the court record pertaining to the removal proceeding. What is that? She told me how can she get it. She is in her country right now and she speaks barely English. She already mailed out all her court documents before. If she does not have that document, will the visa petition get declined? What should she do?

Really needs help. Thanks

[Penguin_ie 5,994]

It sounds like they want the details because she may have overstayed after being denied, and if she had a removal decision against her, there will be a ban. I'd suggest she contact her previous attorney and see what they still have on file.

[sammi608612 1]

Thanks, So here is the question. She does not have the document, will her petition get denied? She wrote a letter to the Consulate to explain her situation, do you think it will be helpful?

It sounds like they want the details because she may have overstayed after being denied, and if she had a removal decision against her, there will be a ban. I'd suggest she contact her previous attorney and see what they still have on file.

[Penguin_ie 5,994]

I am not the CO but yes, most likely if she cannot produce what they ask for, it will be denied. At the very least, she would need something official- court records, attorney file etc, not just a letter written by herself.

[sammi608612 1]

I am not the CO but yes, most likely if she cannot produce what they ask for, it will be denied. At the very least, she would need something official- court records, attorney file etc, not just a letter written by herself.

She called her old attorney but it was 7 years ago, the attorney said they did not have any file for her.

So in this case, how can she get the court record?

[Penguin_ie 5,994]

She should contact the court, and ask them.

Also, make sure she double checks all her document folders etc. You said she mailed it out before, so she had those documents at one stage. How did she get them then? Where did she send them to, maybe she can get them back?

[Jojo92122 1,924]

Your friend most likely filed for asylum. Seeking asylum and being a refugee are two different things.

Most likely, your friend will be hit with a false claim for asylum because she told the US she fear going home because of government prosecution but she left to go home anyways.

It may be best to hire someone (a lawyer) to get the paperwork that she needs from the court. Without it, her case will likely be denied.

[sammi608612 1]

So if she has a ban, can she apply I 601?

[sammi608612 1]

Hi another question

So she told me that she had a notice saying that she should removed to her country on 11/2012 but she left voluntarily on 09/12, does she have the 10 year bans? Is that notice like removal against her?

Thanks

Your friend most likely filed for asylum. Seeking asylum and being a refugee are two different things.

Most likely, your friend will be hit with a false claim for asylum because she told the US she fear going home because of government prosecution but she left to go home anyways.

It may be best to hire someone (a lawyer) to get the paperwork that she needs from the court. Without it, her case will likely be denied.

[Jojo92122 1,924]

Yes. Yes.

Once the asylum case was abandoned or denied, her overstay becomes unauthorized days in the US. She has a 10 years ban.

[sammi608612 1]

but she left voluntarily before the date.

Yes. Yes.

Once the asylum case was abandoned or denied, her overstay becomes unauthorized days in the US. She has a 10 years ban.

[Jojo92122 1,924]

but she left voluntarily before the date.

Leaving voluntarily does not change the fact that her asylum case was either abandoned or denied. With an abandonment or a denial, her time in the US were days of unlawful presence so she is subject to a 10 years ban.