USCIS Claims I left the US

[cd37 229]

1 hour ago, geowrian said:

True. That's why I think showing that there are no entry stamps from anywhere else is important. That would imply they snuck across the border and snuck back without being caught...but then they would have no evidence to indicate they left the US in the first place (which isn't the case as something flagged the RFE).

US CBP does not track exits, so I am not sure how USCIS know that he left US in sept.

[geowrian 22,335]

10 minutes ago, cd37 said:

US CBP does not track exits, so I am not sure how USCIS know that he left US in sept.

DHS as a whole does...hence an I-94 (Arrival/Departure record). There's just not any human intervention in the exit process.

For flights, this is tracked via APIS.

There's also plenty of mistakes when it comes to entry/exit records.

Edited November 17, 2018 by geowrian

[Andre_Botha 0]

1 minute ago, geowrian said:

DHS as a whole does...hence an I-94 (Arrival/Departure record). There's just not any human intervention in the exit process.

For flights, this is tracked via APIS.

There's also plenty of mistakes when it comes to entry/exit records.

Do you think I should be worried about this? Can they force me out even though I'm married to a US citizen for 2 years now?

[debbiedoo 2,339]

phone records, event tickets, photos, wedding invitations and pictures that match up (other peoples weddings, not yours obviously), the passport and ALL pages is super important, contact CBP for an updated I94.

 

if youre on facebook, look back at those days and see if any of that info will help to prove where you were and print it off.

[geowrian 22,335]

55 minutes ago, Andre_Botha said:

Do you think I should be worried about this? Can they force me out even though I'm married to a US citizen for 2 years now?

Can they? Absolutely. Only USCs are prevented from being deported.

But they can't arbitrarily remove you once you properly file for AOS. They need to deny AOS first then go through immigration court.

That said, it sounds like something got incorrectly flagged in their system that you left the US. Explain that you didn't leave the US and provide evidence of not leaving the US. The passport copy would be a strong indicator that you didn't leave.

Absolutely worse case is your I-485 would be denied (which - to be clear - I don't think will happen if you provide a proper response). Then it could be appealed, refiled (if no NTA is issued), or you would have an opportunity to challenge it in court.

In the end, you'll get through everything with a green card. It's just a matter of how long and how many hoops you will need to jump through.

Edited November 17, 2018 by geowrian

[Andre_Botha 0]

2 minutes ago, geowrian said:

Can they? Absolutely. Only USCs are prevented from being deported.

But they can't arbitrarily remove you once you properly file for AOS. They need to deny AOS first then go through immigration court.

That said, it sounds like something got incorrectly flagged in their system that you left the US. Explain that you dind't leave the US and provide evidence of not leaving the US. The passport copy would be a strong indicator that you didn't leave.

Absolutely worse case is your I-485 would be denied (which - to be clear - I don't think will happen if you provide a proper response). Then it could be appealed, refiled (if no NTA is issued), or you would have an opportunity to challenge it in court.

In the end, you'll get through everything with a green card. It's just a matter of how long and how many hoops you will need to jump through.

I mean I havent done anything wrong since being here, paid taxes on all work I have done while my EAD was valid etc.

My attorneys are handling everything and everytime they ask me to provide something I provide it immediately. 

Just hate feeling this powerless and knowing the extra stress that is put on my wife really bothers me as well.

I feel like I have jumped through so many hoops already.

 

The attorney mentioned that they will be contacting the senator in our location to review all of this due to the false claims made against me. 

Which scares me even more since going to a senator seems like such a drastic, high level move. Makes me feel like this is all very serious.

[geowrian 22,335]

Just now, Andre_Botha said:

The attorney mentioned that they will be contacting the senator in our location to review all of this due to the false claims made against me. 

Which scares me even more since going to a senator seems like such a drastic, high level move. Makes me feel like this is all very serious.

There's nothing a senator can do to influence the decision. Just rebut the claims.

[Andre_Botha 0]

7 minutes ago, geowrian said:

There's nothing a senator can do to influence the decision. Just rebut the claims.

This thread hasn't exactly instilled confidence in me. Kind of feels like I can provide the proof that I was in the country but it doesnt mean anything and I can just sit and wait for it all to implode.

[Hypnos 6,576]

In addition to the suggestions provided here, submit an affidavit stating that you entered the US on (insert date) and have not departed since then. 

 

Others have done this in response to similarly erroneous RFEs.

[aznhouston 124]

13 hours ago, Andre_Botha said:

This thread hasn't exactly instilled confidence in me. Kind of feels like I can provide the proof that I was in the country but it doesnt mean anything and I can just sit and wait for it all to implode.

Because no-one here is lawyer, and that's exactly what you want at this moment. Kind words, uplifting words... won't help. Your case is extreme and I guess not many people has encountered this.

[Going through 5,668]

In addition to the advice given above, I would also suggest submitting the following if you can:

 

-Bank statements showing debit and/or credit card activity from within the US for the time period being questioned

-Receipt/record showing any medical visits within the US during that the time period

-Employer statement (if you are employed) or pay stubs during the time period being questioned

[NovaSprings 89]

This might be a simple case of someone with the same or similar name being confused with you, or worst case, a stolen identity.  Regardless of what might or might not be, you need to start gathering your evidence to correct their mistake.  You may only need 1 or 2 pieces of evidence or you may need tonnes, but either way, gathering it now, will be much easier.  Think back to the time frame they say you left, 

 

Do you have social media postings that have geotagging?

How about banking transactions? Bank machine withdrawals? 

Were you any place where there may have been CCTV records, bank machines, public buses, stores?

Emails sent, with an IP address from the US.

Cell phone records, showing calls made from the US?

Think about not only the 12th, but the week after.

 

Rather than saying they have never seen this before, your lawyers should assume they need to address this and start being proactive enough to help you with this.  Have them ask for their evidence, where do they think you left, how did you leave (plane, boat...)  How do they think you returned?  What proof do they have?

 

Be strong, Be proactive! 

[Sarah&Facundo 577]

If you have an EAD, do you also have Advance Parole? Because if so, you could have come and gone this last year or so without a problem. If you had AP, then the issue is somewhere something wasn't input correctly within those first few months of AOS. You say you came on a B1. Did you come in with a roundtrip ticket? Because I know for a fact even when I have bought a ticket and not flown the return flight, the airline has me listed as flying the flight...even though I didn't board it. 

[USC4SPOUSE 506]

On 11/17/2018 at 3:17 PM, Andre_Botha said:

If this is in the wrong thread I apologize.  I have been married to a US citizen for 2 years now (I am South African). We have been waiting for our interview for going on 22 months.

 

My initial EAD expired and I applied for an extension through my attorneys in April, before my EAD expired to be proactive. 

After 7 months my new EAD has still not arrived.

Now the US government is claiming I left the US on the 14th of September which is completely false. They asked for an RFE, the only proof I had was an UberEats receipt for that date, showing the delivery address as our residence. 

 

I googled this and found very little info other than people suggesting to look at my i94 travel history. 

When going on the website, my i94 is there but when clicking on my travel history it says "no record found for traveler". 

 

Does anyone know what this means? I have done everything that has been asked of me, now I havent had my interview, I am unable to work because my 180 extension period for my EAD is over and the US government claims I have left the US when I didnt and my Travel History seems to have disappeared?

 

Should I be worried? What can I expect going forward? Our attorneys have expedited my case and told me they have "never seen such unprecedented and egregious claims" before.

 

My wife and I are extremely stressed out at this point and I feel like I'm constantly swimming against the stream and trying to keep my head above water. 

 

Anyone with any advice or knowledge about what is happening to me, please inform me. 

 

Sincerely,

Andre

I would reach out to your Senator and Ombudsman. As soon as they get involved, USCIS starts acting by the book and usually drop any nonsene. Complain to the Office of the Inspector General. That's within DHS. 

Edited November 20, 2018 by USC4SPOUSE

[Hypnos 6,576]

OIG involvement is not appropriate for this situation.