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IsabelleFredrick

Are 2yrGC holders safe from immigration covid temp ruling?

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Filed: K-1 Visa Country: South Africa
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A friend of mine who has been in the US for many years, for medical reasons, and who has battled to get a GC, yet has had 2 children here, has been told she has to leave the US.
Im wondering who is at risk of getting a letter like this?! Esp as so many of us are mid AOS.

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Posted (edited)

Anybody who is in the country illegally can get a letter like that. Doesn't matter if you have a US citizen spouse and a hundred US citizen children. Those who have pending greencard applications are under "authorized stay", they are not here illegally.

Edited by Scandi

K-1: 12-22-2015 - 09-07-2016 (260 days)

AP: 12-20-2016 - 04-07-2017 (108 days)

EAD: 01-18-2017 - 05-30-2017 (132 days)

AOS: 12-20-2016 - 07-26-2017 (217 days)

ROC: 04-22-2019 - 04-22-2020 (365 days)

 

Naturalization (Los Angeles County Field Office):

04-19-2020 - Earliest filing date

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05-01-2020 - Received date

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She’d only get a letter to leave if she’s not legally here, if she has filed AOS and it is pending she is in An period of authorised stay and wouldn’t receive a removal letter


 

  • Married 14 April 2018
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3 hours ago, IsabelleFredrick said:

A friend of mine who has been in the US for many years, for medical reasons, and who has battled to get a GC, yet has had 2 children here, has been told she has to leave the US.
Im wondering who is at risk of getting a letter like this?! Esp as so many of us are mid AOS.

Does she have a I-485 pending?


March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

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Filed: Citizen (pnd) Country: Haiti
Timeline

Someone would get this letter if they are here illegally. Also sounds like she may be a public charge using medical resources medicaid, free care, etc) with little information in your post it’s difficult to give an answer.


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EAD

CIS Office : Hartford                                  Filed : 3/18/15

NOA : 3/25/15                                            Approved: 6/12/15

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Posted (edited)
5 hours ago, IsabelleFredrick said:

A friend of mine who has been in the US for many years, for medical reasons, and who has battled to get a GC, yet has had 2 children here, has been told she has to leave the US.
Im wondering who is at risk of getting a letter like this?! Esp as so many of us are mid AOS.

People who are "mid AOS" are not in danger....people who properly file an I-485 are granted authorized stay until a decision has been made regarding their adjustment of status.....there is more to this story......

Edited by Lucky Cat

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Filed: AOS (pnd) Country: Dominica
Timeline
Posted (edited)
5 hours ago, IsabelleFredrick said:

A friend of mine who has been in the US for many years, for medical reasons, and who has battled to get a GC, yet has had 2 children here, has been told she has to leave the US.
Im wondering who is at risk of getting a letter like this?! Esp as so many of us are mid AOS.

 

Edited by malajoe

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Filed: AOS (pnd) Country: Dominica
Timeline
1 hour ago, Luckycuds said:

Someone would get this letter if they are here illegally. Also sounds like she may be a public charge using medical resources medicaid, free care, etc) with little information in your post it’s difficult to give an answer.

Being here illegally might be a legit reason. Are they using public charge as ground for removal?

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Filed: K-1 Visa Country: Canada
Timeline

The title of this thread implies that she is a 2-year green card holder, but in your original post you say she has struggled to get a green card (which tells me she doesn't have a green card?). If she's got a removal letter I am going to guess that she has no green card and is in the US illegally


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NVC received case Jan. 16, 2019                                            Biometrics completed - Dec. 4, 2019

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Filed: AOS (apr) Country: Philippines
Timeline
Posted (edited)

What was their status when they entered the US? What steps have they taken to extend their status?

 

Was a Notice to Appear (NTA) issued? Cancellation of Removal would be optimal, followed by voluntary departure if that isn't possible.

 

While having an I-485 means you have a period of authorized stay, it does not prevent removal proceedings in itself. If there is a reason other than just overstay to be removed, then the I-485 does nothing really.

If an NTA was issued before the I-485 was filed, then the I-485 doesn't even provide a period of authorized stay as it is sent to the court, not USCIS.

 

4 hours ago, malajoe said:

Are they using public charge as ground for removal?

Yes, public charge is grounds for removal of an alien (how it impacts LPRs is considerably different though).

Edited by geowrian

Timelines:

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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Filed: AOS (pnd) Country: Dominica
Timeline
2 hours ago, geowrian said:

What was their status when they entered the US? What steps have they taken to extend their status?

 

Was a Notice to Appear (NTA) issued? Cancellation of Removal would be optimal, followed by voluntary departure if that isn't possible.

 

While having an I-485 means you have a period of authorized stay, it does not prevent removal proceedings in itself. If there is a reason other than just overstay to be removed, then the I-485 does nothing really.

If an NTA was issued before the I-485 was filed, then the I-485 doesn't even provide a period of authorized stay as it is sent to the court, not USCIS.

 

Yes, public charge is grounds for removal of an alien (how it impacts LPRs is considerably different though).

Good to know

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Filed: K-1 Visa Country: United Kingdom
Timeline
8 hours ago, NicoleM said:

The title of this thread implies that she is a 2-year green card holder, but in your original post you say she has struggled to get a green card (which tells me she doesn't have a green card?). If she's got a removal letter I am going to guess that she has no green card and is in the US illegally

From reading another post by the OP, I think she is the 2-year GC holder - and is wondering if she'll be at risk of deportation like her friend. Hopefully from reading these answers, OP will have realised that if she's legally here and her friend isn't, their situations are in no way similar, so she shouldn't be comparing them.

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Filed: Citizen (apr) Country: Canada
Timeline

~~Moved to General Immigration Discussion, from AOS from K1/K3 - the OP is discussing a friend's situation and ("i'm going to guess here) how the EO and AOS's form K1. As this is two unrelated situation it  best fits in this forum.~~


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Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
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Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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12 hours ago, malajoe said:

Being here illegally might be a legit reason. Are they using public charge as ground for removal?

Yes, they have always been denying people off of the public charge issue. Being here illegally and not pay for medical treatment would be a good case of public charge

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