Should I postpone CDJ interview

[Double_J 0]

My wife’s case has recently been transferred from NVC to CDJ to schedule an interview. She is currently in the US now. We have an approved I-130A. For some reason we overlooked the fact the when she entered the US in 2003 she was caught 1 time by CBP and photographed and fingerprinted then taken back to the border of Mexico. She successfully crossed the next day and has never left since nor has had any other issues or run ins with immigration authorities. We probably should have sent in FOIA request a long time ago but it slipped our mind. 

 

About a month ago we did however have a lawyer send in the FOIA request to EOIR/immigration courts and CBP. We have received the results back from the immigration courts that indicate they are unable to find any records on her. We have not received the information from the CBP.

 

Should we postpone the CDJ interview and leaving the US until the results come back from the CBP FOIA?

 

Would have any of this information of being caught came up on the biometrics check that was used when filing the I-601a and prevented it from being approved?

 

If you reschedule an interview with CDJ how long will it be before you get a new date?

 

Thanks for any advice. 

[Double_J 0]

Also she did sign a paper and was given a paper by CBP when she was caught. I am not sure what the paper said nor do I have the one she was given.

Edited November 29, 2017 by maverick9293
Spelling

[Hypnos 6,579]

That would be good information to have. 

 

You perhaps mean an approved I-601A, not an I-130A?

[Double_J 0]

8 minutes ago, Hypnos said:

That would be good information to have. 

 

You perhaps mean an approved I-601A, not an I-130A?

Yes an I-601A, too many numbers for me to remember this morning.

 Thanks 

[aleful 1,905]

unless it was a deportation at the border, a catch and release has no relevance

 

many people have been caught and released with no problem

 

 

[Double_J 0]

9 minutes ago, aleful said:

unless it was a deportation at the border, a catch and release has no relevance

 

many people have been caught and released with no problem

 

 

She crossed by land with a group, her and some of them were pulled over in a vehicle driven by someone who picked them up after they crossed.

 

They were taken somewhere where the photos, fingerprints, signed paper happened. They were held in a cell of some kind. Total process from being picked up to going back to Mexico was a few hours.

 

 Thanks 

[Hypnos 6,579]

It will hinge on exactly what it was she signed, and whether it was a removal under the law. It's possible it was an expedited removal, in which case, since she EWI'd again immediately afterwards, she would have a 9C bar which is a lifetime bar from the US. 

 

You can apply for a waiver if it's a 9C, but only after being outside of the US for ten years. 

Edited November 29, 2017 by Hypnos

[Double_J 0]

24 minutes ago, Hypnos said:

It will hinge on exactly what it was she signed, and whether it was a removal under the law. It's possible it was an expedited removal, in which case, since she EWI'd again immediately afterwards, she would have a 9C bar which is a lifetime bar from the US. 

 

You can apply for a waiver if it's a 9C, but only after being outside of the US for ten years. 

So if I wanted to reschedule the interview how does that work? How long would you wait for a new date? Is there any limit to the number of times you can reschedule? Currently I have not received an interview date. I called NVC last week and they said they are waiting for a date from CDJ but I have not received any notice that the case is closed. I did receive an email from NVC with a check list of additional items to bring to the interview and it said there is no need to send them to the NVC just to bring them to the interview. It said they would schedule an interview in the check list i received.

 

I read that the CBP FOIA is average 39 or so days to 89 days to receive. So I hope not to have to wait too long.

 

 Thanks 

[Daisy.Chain 317]

Oops! Posted in the wrong area. How to delete...

Edited November 29, 2017 by Daisy.Chain

[ConOfficer 167]

You email the consulate and tell them you are not appearing for your interview. They should give you instructions on how to reschedule. 

 

Your case will go to Termination I Status if you don't contact the consulate for a year to reschedule or otherwise update them on your situation. 

[Boiler 47,378]

Lots of ifs and buts. Good answers need good information.

[Ryan H 3,887]

Moved from Progress Reports to Process & Procedures.