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James1998

Deportation documents & CBP FOAI [merged threads]

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Filed: Citizen (apr) Country: Taiwan
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Posted (edited)
8 minutes ago, Family said:

I did not see that . If OP was removed t border , the Expedited Removal was w CBP . ..so no use for EOIR or USCIS. 
 

Thank you for pointing out the discrepancy …at this point a copy of passport page upload would help 

This topic was somewhat fragmented due to the OP starting 3 different related threads which were eventually merged....I came in on the 3rd one (where only the word "removal" was mentioned.....LOL. 

Edited by Crazy Cat

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August 7, 2022: Wife filed N-400 Online under 5 year rule.

November 10, 2022: Received "Interview is scheduled" letter.

December 12, 2022:  Received email from Dallas office informing me (spouse) to be there for combo interview.

December 14, 2022: Combo Interview for I-751 and N-400 Conducted.

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In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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16 hours ago, James1998 said:

I was told specifically I was not banned but never allowed to use an esta again and would need a b2 to travel. This was also over 5 years ago now

Just do a FOIA with CBP and see what turns up.

If it says they did an expedited removal, include that, if they just denied you entry and voided your ESTA include that.

 

If it was under 5 years or you wanted to try ESTA again I'd recommend writing to them to ask that they nunc pro tunc:

1. Give you satisfactory departure for the time you overstayed your ESTA by two days because [list of reasons why that happened]

2. If first item is approved - allow you to withdraw the application for that second admission to clear up the record since in that case the eligibility wouldn't exist

 

But in this case, just give the consulate proof that you were either ER'd out, or just denied entry and allowed to leave on your own. Wouldn't hurt to explain in a cover letter as to what happened there exactly. "Overstayed ESTA by 2 days, was denied entry on subsequent trip, was not given an expedited removal.", or "Overstayed ESTA by 2 days, was denied entry and given an expedited removal on subsequent trip, more than 5 years have passed.".

Contradictions without citations only make you look dumb.

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11 hours ago, James1998 said:

Shall I upload my old passport that I used when I was removed and my new one that I use now when doing the FOIA 

Yeah do that. Current as proof of your identity, old as further document linking you to the entry record.

Contradictions without citations only make you look dumb.

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