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Jigar Patel

Procedure to contest deportation under section 212(a) (9)

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Filed: Other Country: Canada
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2 minutes ago, Jigar Patel said:

@Transborderwife There was a gap of 9 months

Sounds like they felt that you were using your tourist visa to effectively live in the USA.  In this case they were not wrong to remove you.

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2 minutes ago, Jigar Patel said:

@geowrian If u can please elaborate as to what is it that you want to know from your following "That said, I'm a bit confused. What is your claim for having legal stay within the US?"

What I am asking is "why do you believe you have a legal right to be within the US?" Also, why do you want to return to the US after being deported? Normally, a tourist wouldn't go through that much unless they intend to live in the US.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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@Transborderwife  I'm saying this as we r just looking for option; It's like if I had wanted to live in USA, I could have done that the last time I was there inside US. Now that I read, ask and inquire, I have learned that to wait for decision on the application would have been a better option, but as an law abiding individual as soon as the processing period of 2 1/2 months ended, I left. Anyways, is there any way to correct this, by applying for a waiver or contesting the decision

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Filed: K-1 Visa Country: Wales
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You need to apply for a visa and see.

“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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Filed: AOS (apr) Country: Philippines
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Using one visa to enter to then change to another, which most likely was your original intention, is bypassing the whole process. If you wanted to go for an F1 visa, you should have applied for that, not used the B2. That's my honest opinion.

 

I highly doubt with being removed they would grant a waiver; but might as well try, doesn't hurt, just costs money. Or wait the ban time, but even after the ban is up, I doubt they are going to approve another visa anytime soon with a removal on your records.

08/15/2014 : Met Online

06/30/2016 : I-129F Packet Sent

11/08/2016 : Interview - APPROVED!

11/23/2016 : POE - Dallas, Texas

From sending of I-129F petiton to POE - 146 days.

 

02/03/2017 - Married 

02/24/2017 - AOS packet sent

06/01/2017 - EAD/AP Combo Card Received in mail

12/06/2017 - I-485 Approved

12/14/2017 - Green Card Received in mail - No Interview

 

   

brickleberry GIF they see me rolling college football GIF by ESPN  

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@geowrian  I am sorry if I have misquoted or sounded like it but I do not want to make any claim of staying in US and have no intention whatsoever of staying in the US.

As regards, as to why would a tourist want to come back, last time around when I had come, i.e. before this stint happened, I could only travel the East coast from the state of New England till Florida. This visit which went south was only intended to roam California, Las Vegas and other states on the west coast and Illinois and Texas which were left out in my last trip. Only after returning back did I learn that I should have applied for some waiver before traveling, but it was already a lost cause.

After this experience I don't wish to travel to the US anymore, its just that I only want the "cancelled" stamped legally removed from my VISA and my name cleared from the wrongdoer list, that's the long and short of it.

Do you know a way by which I can atleast try for a wavier or contest the decision.

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Filed: K-1 Visa Country: Wales
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You were deported, NOTHING will change that.

 

Waiver does not contest the decision, a waiver is to set aside your ban.

“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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8 minutes ago, Jigar Patel said:

@geowrian  I am sorry if I have misquoted or sounded like it but I do not want to make any claim of staying in US and have no intention whatsoever of staying in the US.

As regards, as to why would a tourist want to come back, last time around when I had come, i.e. before this stint happened, I could only travel the East coast from the state of New England till Florida. This visit which went south was only intended to roam California, Las Vegas and other states on the west coast and Illinois and Texas which were left out in my last trip. Only after returning back did I learn that I should have applied for some waiver before traveling, but it was already a lost cause.

After this experience I don't wish to travel to the US anymore, its just that I only want the "cancelled" stamped legally removed from my VISA and my name cleared from the wrongdoer list, that's the long and short of it.

Do you know a way by which I can atleast try for a wavier or contest the decision.

No matter what you do no one is going to remove the "cancelled" stamp from your VISA.  That's there forever. It will forever be on electronic record.  So if you are telling the truth and don't plan on visiting the US again why bother with all of this?  Just sit our the ban.

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5 minutes ago, Jigar Patel said:

@geowrian  I am sorry if I have misquoted or sounded like it but I do not want to make any claim of staying in US and have no intention whatsoever of staying in the US.

As regards, as to why would a tourist want to come back, last time around when I had come, i.e. before this stint happened, I could only travel the East coast from the state of New England till Florida. This visit which went south was only intended to roam California, Las Vegas and other states on the west coast and Illinois and Texas which were left out in my last trip. Only after returning back did I learn that I should have applied for some waiver before traveling, but it was already a lost cause.

After this experience I don't wish to travel to the US anymore, its just that I only want the "cancelled" stamped legally removed from my VISA and my name cleared from the wrongdoer list, that's the long and short of it.

Do you know a way by which I can atleast try for a wavier or contest the decision.

Alright. Well, unfortunately, there isn't really a means to have the deportation removed. You can hire a lawyer and they might know a way to sue for it, but this prone to become a long and expensive process...with very little chance of success (in my opinion). You would have to prove that the deportation was wrongfully imposed. Given your situation, I don't think the deportation was incorrectly applied. You were deported for not holding a valid, unexpired visa. I'm not sure how a lawyer would even contest that, but I don't want to speak for one either. The reason for not holding a valid visa is mostly irrelevant.

 

A waiver would only overcome the ban. It would not erase the deportation order, which will follow your record even if you get a new passport.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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Filed: AOS (apr) Country: Philippines
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Agreed, you were "marked" with the deportation. This will never go away.

 

You want it removed; but that would imply then immigrations was wrong for their assumption of your misuse of the visa... they will not admit this ever, and I think they were correct in their decision.

 

This will not be, and can not be removed from your record. 

08/15/2014 : Met Online

06/30/2016 : I-129F Packet Sent

11/08/2016 : Interview - APPROVED!

11/23/2016 : POE - Dallas, Texas

From sending of I-129F petiton to POE - 146 days.

 

02/03/2017 - Married 

02/24/2017 - AOS packet sent

06/01/2017 - EAD/AP Combo Card Received in mail

12/06/2017 - I-485 Approved

12/14/2017 - Green Card Received in mail - No Interview

 

   

brickleberry GIF they see me rolling college football GIF by ESPN  

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@geowrian, actually I don’t know if I have mentioned it incorrectly or something but I did have a valid visa which had 7 more years of validity but the VISA was cancelled at the port of entry.

Yes, I know there always will be an electronic record of it and that is what I wanted to be changed/amended/corrected or removed by contesting the decision or a waiver which you already have mentioned is only to put away the ban. Anyways it seems it ain't happening.

Thank you so much for giving your insightful thoughts

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Filed: Country: Jamaica
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What did you tell CBP when you came the first time?  Did they give you a prospective student endorsement?  If not, then your overstay is based upon you did not leave at the end of your time and you should have returned and had your F1 adjudicated in your home country.  Just because you applied for the F1 status change does not mean you do not accumulate an overstay.  Resulting in the appropriate decision made when you returned.  

Phase I - IV - Completed the Immigration Journey 

 

 

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1 hour ago, Jigar Patel said:

@geowrian, actually I don’t know if I have mentioned it incorrectly or something but I did have a valid visa which had 7 more years of validity but the VISA was cancelled at the port of entry.

Yes, I know there always will be an electronic record of it and that is what I wanted to be changed/amended/corrected or removed by contesting the decision or a waiver which you already have mentioned is only to put away the ban. Anyways it seems it ain't happening.

Thank you so much for giving your insightful thoughts

Yes, that is the problem as of right now. You HAD as in the past, previously, not now a Valid B1/B2 visa which you then overstayed on and tried to convert to a student visa. Then when you did not get that in time you left the country and thus made your F1 filing void and your B1/B2 visa void because you overstayed. So you now have a 5 year ban going on as of right now. IF and I mean IF that ban was over waived you would then have to convince the CO that you would not overstay again. Which I think is extremely unlikely that they won't think that you will overstay since it is on your record now. 

 

So good luck with everything but I don't see a chance here. 

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