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UncleDom

Previously revoked visa, now ROC, can Embassy revoke residency?

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Hi! Glad i found this forum. I have unusual situation and looking for a help.

I got H1B visa in 2011 and a year after the Embassy sent me an email saying visa is revoked. No reasons given.

Contacted Senator, some time later the Embassy gave him an answer that consular officer had a concerns about the visa ( not specified what type of concerns), however the petition is still valid and my status was not affected by such revocation, however i need to apply again for visa if travel. I was extremely anxious and spent long nights up guessing what it might be ( i have not violated any visa terms, stayed with the same employer, but did had a minor misdemeanor charge which got dismissed with not guilty plea) Lawyer i went to highly doubted that is the reason for revocation as the charge was totally dismissed and its not an issue in terms of  immigration law, so until this day its a mystery.

About a year later i proposed my USC girlfriend at that time, and we got married in 2013, filed for Adjustment of Status, which was approved without any issue.

After i got a green card, my family back in Ukraine applied for a tourist visa to visit us, in the visa application they mentioned me as a relative living in US. During their interview consular officer asked them which status do i have and they told them i have a marriage based green card. Visa was approved and they traveled to visit us 2 times during the 3 year period of their visa , each time for 2 weeks, never overstayed or worked in US.  

Now, im curently in ROC process and got i 551 stamp ( after extention letter expired) and was planning to go to Ukraine for vacation with my spouse.  

At the same time, my parents 3 year tourist visa came to the end and they applied for another one. Based on consular proceedings at Ukraine, if they apply for another tourist visa prior expiration of the previous one, the interview is waived if the life situations have not changed during these 3 years. However they just got responce from Embassy that they need to come in for an interview. It VERY not common and only happens if signigicant life changes happened after filing for a previous visa. I can only blame it to my visa revocation but oh well, they only will find it out on actual interview.

 

Now i was planning to go to visit my old grandma back in Ukraine, but the fact that my parents got interview notice at Embassy totally triggered anxiety and panic attacks i experienced when revocation took a place.

Now my huge concerns i cant stop thinking about:

 

1)Can Department Of State  revoke a residency?

2)  If the Embassy was going through my paretns visa application and bumped into my visa revovation for the reason only they know, can they also revoke my temporary residency ( as im in ROC now)?

 2) in USICS manual it says if the visa was revoked, the information about it is entered to CLASS and sent to all carriers to prohibit boarding. Is this relared to residency as well ( as it an immigrant visa)?

 

Can i possibly face troubles coming back home in US on my i 551 stamp because of that previous issue? Even thoiugh i got AOS and my parents were approved for a tourist vide AFTER the revocation took place, im still bounced back to the stress level i went through yers ago and worry about any travel.

Please help :(

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Filed: AOS (apr) Country: Philippines
Timeline

#1) NO

#2) NO

#3) Residency is NOT a visa, you present yourself at the border as a resident not under some sort of visa classification

YMMV

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1 - No

2 - No

3 - As a lawful permanent resident you do not have a visa, you have proof of your LPR status and pending I-751. 

Edited by mindthegap

CR1 / DCF (London): 2012 / 2013 (4 months from I-130 petition to visa in hand)

I-751 #1- April 2015 [Denied]

 

April 2015 : I-751 Joint filing package sent fedex next day 09:00am from UK ($lots - thanks). 
Jan 2017: Notification that an interview has been scheduled at a local office. Bizarrely still no RFE... 
Jan 2017: 2hr wait, then interview terminated before it began, due to moving my ID to another state 2 wks prior. New interview 'in a few months...maybe.'   Informed them that divorce proceedings are underway, but not finalised at this time. 
March 2017: An Interview was scheduled - marked as no-show as they didn't actually send out a notification of interview. FML 
April  2017: Filed an official complaint with the ombudsman, and have requested Senator & Congressman assistance
August 2017: Interview - switched to a (finalised) divorce waiver. Told that decision will be made that afternoon, but no problems foreseen with my case. 
October 2017: Letter of Denial received - reason given as 'I-751 petition was not properly filed'. Discovered ex-spouse made false allegations to USCIS in 2015. No opportunity given to review & refute allegations  - contrary to USCIS policy.

I-751 #2 - Oct 2017 - Mar 2021[Denied] 

 

October 2017: Within 72hrs of receiving denial notice, a new waiver I-751, divorce decree & $680 cheque, sent to Vermont via FedEx overnight 9am priority.  
Dec 2019: Filed FOIA request for full A# file
Feb 2020: FOIA request completed - entire A# file received as a .PDF; 197 pages fully redacted, and 80 partially redacted. Don't waste your time!
March 2021: I-751 #2 denied for lack of evidence. No RFE, no interview, and evidence in previous I-751 not reviewed - contrary to policy. Huge errors in adjudication.

N-400 - Feb 2018 - Apr 2021 [Denied]

 

February 2018: N-400 filed online.  $725 paid to the USCIS paperwork wastage fund

February  2019: Interview - cancelled after a four hour wait due to 'missing paperwork' on their end. Promised Expedited reschedule.

March 2021: Interview letter received, strangely dated after I-751 denial. No I-751 interview conducted. N-400 interview and test passed, given 'cannot make a decision at this time' paper due to the ongoing I-751 nightmare...

April 2021: N-400 denial received citing recent I-751 denial as basis for ineligibility, even though it should have been a combo interview 🤯

I AM JACK'S COMPLETE LACK OF SURPRISE

Service Motion - March 2021 [Sent via FedEx & COMPLETELY IGNORED by USCIS]

 

March 2021: Service Motion request sent overnight addressed direectly to field office director, requesting urgent review and re-opening, based on errors in adjudication - citing USCIS policy, AFM and memorandums as basis for errors. This was completely ignored by USCIS.

 I-751 #3 - June 2021 - Jan 2024 [Denied]

 

IT'S GROUNDHOG DAY

June 2021: I-751 #3 (30+lbs/5000 pages of paperwork) & another $680 sent to USCIS via FedEx ($300+..thanks) .... 

June 2021: Receipt issued, card charged, biometrics waived, infopass scheduled for I-551 stamp number ten.....

Feb 2022: RFIE (no, not an RFE, a Request For Initial Evidence) received, for copies of the divorce paperwork that they already have 😑

July 2022: Infopass for I-551 stamp number eleven.....

August 2023: Infopass for I-551 stamp number twelve....

January 2024: Denial received, ignoring the overwhelming majority of the filing, abundance of evidence, and refutation of a provably false allegation. The denial also contradicts itself in multiple places, as if it was written by someone with an IQ <50.

HAPPY NEW YEAR

 

2024: FML. Seriously. I'm done. 

 

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Being called for an interview despite interview-waiver eligibility is not uncommon.

DoS has nothing to do with CPR status. 

I-751 journey

 

10/16/2017.......... ROC package mailed

10/18/2017.......... I-751 package received VSC

10/19/2017.......... I-797 NOA date

10/30/2017.......... Notice received in mail

10/30/2017.......... Check cashed

11/02/2017.......... Conditional GC expired

11/22/2017.......... Biometrics completed

  xx/xx/xxxx.......... waiting waiting waiting

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7 minutes ago, WeGuyGal said:

Being called for an interview despite interview-waiver eligibility is not uncommon.

DoS has nothing to do with CPR status. 

 

1 hour ago, mindthegap said:

1 - No

2 - No

3 - As a lawful permanent resident you do not have a visa, you have proof of your LPR status and pending I-751. 

 

2 hours ago, payxibka said:

#1) NO

#2) NO

#3) Residency is NOT a visa, you present yourself at the border as a resident not under some sort of visa classification

Guys, you made my day! Thank you

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