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DallasMaverik

Ever been in removal proceedings? how to answer

By DallasMaverik in Adjustment of Status from Work, Student, & Tourist Visas

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DallasMaverik Newbie

DallasMaverik   0

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I am an American and want to file i130 and i485 for my spouse. She came through a visitor visa and also applied to extend her visa. After applying extension she moved, she didn't pay attention to that petition and became an overstay.

 

Now there is a question on i130 asking if beneficiary was ever in removal proceedings?

 

How can I know she was ever put in removal? Obviously we never got anything from USCIS (NTA) and I know there is a way you can call/check online but it requires an A# which she never got.

Edited by DallasMaverik
pushbrk Grand Master

pushbrk   12,979

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Filed: Other Country: China
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Just answer no.  This is an adjustment of status, not a visa case.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

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pushbrk Grand Master

pushbrk   12,979

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22 minutes ago, OldUser said:

Overstay is not the same as being in removal proceedings. So the answer is no. But if there is a question about overstay etc she should disclose it.

There isn't a question on the forms about overstay specifically, but they do ask when she entered and with which visa.  They can do the math, but for the spouse of a US Citizen adjusting status any overstay or illegal work is simply forgiven.  

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

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DallasMaverik Newbie

DallasMaverik   0

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12 minutes ago, pushbrk said:

There isn't a question on the forms about overstay specifically, but they do ask when she entered and with which visa.  They can do the math, but for the spouse of a US Citizen adjusting status any overstay or illegal work is simply forgiven.  

hello thank you for your response.

 

I believe they ask because if you're in removal proceedings, USCIS cannot adjudicate i485 (it has to be done by the court instead).

pushbrk Grand Master

pushbrk   12,979

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4 minutes ago, DallasMaverik said:

hello thank you for your response.

 

I believe they ask because if you're in removal proceedings, USCIS cannot adjudicate i485 (it has to be done by the court instead).

Doesn't matter really.  You just answer correctly, which in this case is no.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

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TBoneTX Grand Master

TBoneTX   45,539

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Filed: Citizen (apr) Country: Ecuador
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Thread is moved from the CR-1 Process forum to the "AOS from WS&T Visas" main forum.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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

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