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ros88

Going back in the US AFTER 363 DAYS while in process of removal condition.

By ros88 in Removing Conditions on Residency General Discussion

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ros88 Explorer

ros88   12

Posted
Filed: Lift. Cond. (apr) Timeline
Posted

I am going back to the US while in removal of conditional process after 363 days...I left june 6 2017 and I am going back june4 2018 ....exactly after 363 days.

Is still less than a year right?

So I cant apply for anything at my embassy...this long trip was really unexpected and I don't know what to expect at the port of entry...I am travelling with my husband an American citizen and we live in Maryland...I just afraid ...anyone with my same experience?

what can happened? can they send me back in Italy? june 4 is the 363 days I just need to know if is going to be still less than a year legally...

Thank you very much!!!Please give me some advice or experience :)

Roel Experienced

Roel   7,192

Posted
Filed: Lift. Cond. (apr) Country: Poland
 Timeline
Posted

They can definately question you. For trips that long you should have get a reentry permit. 

K1

29.11.2013 - NoA1

06.02.2014 - NoA2

01.04.2014 - Interview. 

AoS

03.2015 - AoS started.

09.2015 - Green Card received.  

RoC

24.07.2017 - NoA1.

01.08.2018 - RoC approved. 

 

 

Kastrs Experienced

Kastrs   723

Posted
Filed: Citizen (pnd) Country: Pakistan
 Timeline
Posted

You might be ok, but you might not, that is a very long time to be out of the US

CBP may consider that you have abandoned your residency, or they may let you in

Spoiler

 

Married December 19, 2014

I-130 Petition sent January 14, 2015
NOA1 date January 20, 2015 (NSC)

NOA2 date May 28, 2015 :dance::dance::dance:

Mailed to NVC June 4, 2015

NVC Received June 10, 2015

NVC Case Number Assigned June 23, 2015

NVC AoS Invoice via Mail June 24, 2015

NVC Selected Agent Over Phone June 30, 2015 (Unable to logon to CEAC)

NVC IV Invoice via email received July 1, 2015

NVC AoS/IV Package Mailed July 2, 2015

NVC AoS & IV Fee Paid Online (CEAC is working) July 6. 2015

NVC Document Scan Date July 6, 2015

NCV AoS & IV Fee marked as paid in CEAC July, 7 2015

NVC DS 260 Completed July 8, 2015

NVC CC July 30, 2015 (24 days after scan date, about 2 months post NOA2)

Interview Scheduled on August 26, 2015

Interview P4 Email Received August 27, 2015

Medical in Islamabad September 2, 2015

Interview Date September 22, 2015 CANCELLED (Embassy is Over scheduled) :cry: :cry: :cry: :cry: :cry:

Interview Scheduled on September 10, 2015

Interview Date October 14, 2015 APPROVED

Visa Issued October 16, 2015, 9 months start to finish

POE JFK October 26, 2015

GC in Hand Jan 8, 2016

RoC I-751 NOA1 August 31, 2017 (Vermont Service Center)

Biometrics October 2, 2017

I551 Stamp in Passport August 2, 2018

18 Month Extension Letter August 3, 2018

Applied for Naturalization N-400 Online July 30, 2018

Biometrics August 23, 2018

10 year GC is in production September 17, 2018

 

 
 
 
 
 
 
 
 
 
 
 
 
mindthegap Experienced

mindthegap   2,590

Posted
Filed: Lift. Cond. (pnd) Country: United Kingdom
 Timeline
Posted
21 minutes ago, Kastrs said:

You might be ok, but you might not, that is a very long time to be out of the US

CBP may consider that you have abandoned your residency, or they may let you in

 

CBP cannot make that determination, as much as they would like to.

You would be admitted for a hearing with an immigration judge.

 

 

 

 

 

 

Why was the length of the trip unexpected? Do you have proof that you maintained ties to the US and that the US remained your primary residence, despite the length of the trip?

 

 

 

 

 

 

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. 

 

ros88 Explorer

ros88   12

Posted
Filed: Lift. Cond. (apr) Timeline
  • Author
Posted
21 minutes ago, mindthegap said:

 

CBP cannot make that determination, as much as they would like to.

You would be admitted for a hearing with an immigration judge.

 

 

 

 

 

 

Why was the length of the trip unexpected? Do you have proof that you maintained ties to the US and that the US remained your primary residence, despite the length of the trip?

 

YES!

My mom got sick and I had to stay longer...plus I have a husband in the us that owns a company and he travelled back and forth to vist me and I will be back with him.

I filed jointly tax this year and I have statements of my bank account.

My question is this, coming back day 363 is still considered less than a year right?

I just want to know if they have the power to make me fly back to my country and don't let me go in the Us, even if I travel with my husband ,US citizen and I hold a green card and I never travelled for so long since I became a permanent resident.

 

 

 

 

 

 

25 minutes ago, mindthegap said:

 

CBP cannot make that determination, as much as they would like to.

You would be admitted for a hearing with an immigration judge.

 

 

 

 

 

 

Why was the length of the trip unexpected? Do you have proof that you maintained ties to the US and that the US remained your primary residence, despite the length of the trip?

 

 

 

 

 

 

Why was the length of the trip unexpected? Do you have proof that you maintained ties to the US and that the US remained your primary residence, despite the length of the trip?

 

YES!

My mom got sick and I had to stay longer...plus I have a husband in the us that owns a company and he travelled back and forth to vist me and I will be back with him.

I filed jointly tax this year and I have statements of my bank account.

My question is this, coming back day 363 is still considered less than a year right?

I just want to know if they have the power to make me fly back to my country and don't let me go in the Us, even if I travel with my husband ,US citizen and I hold a green card and I never travelled for so long since I became a permanent resident.

mindthegap Experienced

mindthegap   2,590

Posted
Filed: Lift. Cond. (pnd) Country: United Kingdom
 Timeline
Posted
11 minutes ago, ros88 said:

 

My question is this, coming back day 363 is still considered less than a year right?

A year is 365 days...so...yes.

 

13 minutes ago, ros88 said:

 

 I just want to know if they have the power to make me fly back to my country and don't let me go in the Us, even if I travel with my husband.

 

No.

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. 

 

Roel Experienced

Roel   7,192

Posted
Filed: Lift. Cond. (apr) Country: Poland
 Timeline
Posted

Your husband job or visits don't really matter here. But good luck!

K1

29.11.2013 - NoA1

06.02.2014 - NoA2

01.04.2014 - Interview. 

AoS

03.2015 - AoS started.

09.2015 - Green Card received.  

RoC

24.07.2017 - NoA1.

01.08.2018 - RoC approved. 

 

 

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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