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aelizo38 Apprentice

aelizo38   14

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Hello  I am U.S citizen my husband is in Mexico. My husband was brought to the u.s as a child 14 year of age and orphan he was adopted by his older U.S citizen brother. Sadly at age 20  he was removed and was given 5 year bar in 2013 for living in the u.s. CBP officers lifted his tourist visa and sent him back to mexico they did not even bother to take a look at the adoption certificate.We married in 2014 after all this happen and left to Mexico with him. We went to Juarez for husband visa. We were expecting for them to denied the visa and ask us for waiver but instead he was put in administrative processing and they asked my husband for a copy of the adoption certificate and they told him they did not have an answer at the moment the interview was about 30 minutes long . I have a feeling the administrative processing is going to take very long. His bar expires in 1 year. Could we just reappy for the visa after the bar expires while this one is still in administrative processing? Thank you for your time and help.

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LoveMyTico Mentor

LoveMyTico   999

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Filed: IR-1/CR-1 Visa Country: Costa Rica
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Did the brother file papers for him after the adoption? You don't automatically become legal...he would have had to follow the correct procedure.

Married March 9, 2013
NOA1 I-130 April 12, 2013
Transferred to TSC Nov 27, 2013
APPROVED March 18, 2014 FINALLY ! ! ! !! 11 MONTHS & 6 LONG DAYS FOR MY NOA2
Case shipped from TSC to NVC March 21, 2014
Rec'd NOA2 hard copy March 22, 2014
Case rec'd & Case Number assigned April 1, 2014 AMAZING !!!
PAID IV and AOS fees online April 5, 2014
Fees show paid/DS 260 avail. /DS260 submitted/AOS&IV pkg sent April 9, 2014
FEDEX delivered @ NVC April 11, 2014
Revised AOS pkg delivered April 15, 2014
AOS & IV rec'd& scanned in @ NVC April 15, 2014
Revised AOS scanned April 18, 2014
AOS checklist for income and IV pkg April 30, 2014 (checklist expected due to Lawyers mistakes)
DS260 accepted April 30, 2014
Checklist for Birth cert/police cert May 1, 2014
AOS accepted May 5, 2014
Birth cert scanned MAY 8, 2014

CASE COMPLETE JUNE 4, 2014 CC letter received via email June 11, 2014

INTERVIEW JULY 15, 2014

Waiver finally FedEx'd to Phoenix Lockbox August 21, 2014

WAIVER APPROVED December 17, 2014

Received Instruction Letter via email December 23, 2014

Final Embassy Appointment January 5, 2015 YAY !

Visa ISSUED January 12, 2015

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geowrian Grand Master

geowrian   22,335

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Filed: Lift. Cond. (pnd) Country: Philippines
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The adoption wasn't relevant to the removal, which is why they didn't look at the certificate at the time. That said, why didn't the brother adjust his status? Assuming the adoption is eligible for immigration benefits (you said orphan and age 14, so it may be), he could have filed for AOS as an immediate relative (and be in authorized stay while pending). Upon approval, he would actually become a US citizen and could apply for a passport or certificate of citizenship (N-600).

 

I'm not sure of the cause for AP off-hand, but once AP is cleared and he would otherwise be approved for the visa, he would be refused with the ability to request a waiver. But there's another issue here. If he was removed when he was 20 then he was in the US for over 1 year after turning 18. As such, upon his exit he would have automatically incurred a 10 year bar due to unlawful presence (starting from when he left the US). This is waivable with an I-601.

 

Reapplying after the bar won't make it go any faster the next time around.

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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aelizo38 Apprentice

aelizo38   14

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Thank you all for your comments. We already went to interview at Ciudad Juarez this July he did not receive any additional bar aside from the 5 years he already had in 2013. His brother did file for him after the adoption but made the biggest mistake to file for him as a brother instead of a son that is what my lawyer told me. We don't expect to receive any benefits from the adoption anyways. Just was wondering if we could file again for visa even if it still is in AP after the 5 year bar is over. Thank you.

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geowrian Grand Master

geowrian   22,335

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted
6 minutes ago, aelizo38 said:

Thank you all for your comments. We already went to interview at Ciudad Juarez this July he did not receive any additional bar aside from the 5 years he already had in 2013. His brother did file for him after the adoption but made the biggest mistake to file for him as a brother instead of a son that is what my lawyer told me. We don't expect to receive any benefits from the adoption anyways. Just was wondering if we could file again for visa even if it still is in AP after the 5 year bar is over. Thank you.

Hmm...odd. The 10 year bar for being unlawfully present in the US over 360 days is a black-and-white issue. There's no discretion involved. The clock starts from the day he turned 18 (barring having TPS or DACA coverage during that period).

An I-130 is filed toe establish a relationship between the petitioner and beneficiary. If the form is filled out properly, they would be recognize the case under IR-2...I'm wondering if either the adoption wasn't listed or it was overlooked. Anyway, this is in the past now, so no point worrying over it now.

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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aelizo38 Apprentice

aelizo38   14

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Thanks just a side note. I am the petitoner at the moment  not his brother anymore. He is applying for IR1 visa. We have the FOIA which states 5 years and we went to interview already. I guess we should have waited for the 5 years instead i dont know why officers at juarez would asked my husband for adoption certificate and details of that instead of just giving us the 10 years you metion and let us file for waivers. Its so weird we were expecting the same sd well

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