
indian guy
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Posts posted by indian guy
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Congratulation!!!!!!
I came back after long time and seen approvals its good news..
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I meant terminate my removal case, maybe before going to the interview. My point is my case got approved before yours and you already have ur interview date. I don't get it. Anybody ?
IF you are in removal proceedings then USCIS will not have jurisdiction on your Adjustment. Even you have I360 approved you can be interviewed but Unless your court proceeding are termintated your jurisdiction of I485 will still be with court. Therefore Court either has to terminate the proceedings and put you under regular proceedings so that you can adjust in front of USCIS officer or Court can adjust you. Your attorney is taking the approach of adjusting you in front of USCIS officer. That case court may not have long time window so they can adjust you. court will terminate your proceedings and you will adjusted on interview with USCIS officer.
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Hi! there
its been a while.. I have a quick question Vermont transfer my I-485 to National Benefits Center is that normal?
and 2nd question ; do i need a Valid passport when i go to the AOS interview.. my passport has been expired ..
i will post my timeline soon .. i just have to get all my papers ..
and yeah I filed my I-360 May of 2008 and just got approved Nov of 2010 that long! but still im glad that its almost over
yes its normal, you dont need valid passport for interview, as long as you don't require the adjustment stamp., you do need a proof of legal entry and it can be in any form EX: I -94, or else.
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Turned out that the card was preduced but it had some problems, It was distroyed on june 3rd I was given 3 months stamp on passport. I was told that I will receive my card soon , if not that They will give me another stamp.
THat means they send me emails but actual card was never mailed, there were no tracking number. Thanks sonia.
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First of all, there is no such thing as a voluntary deportation. Compare it to rape: nobody agrees to being raped. If they did, it wouldn't be rape anymore, but sexual intercourse between consentual parties.
There is deportation, and voluntary departure. Usually a person faced with deportation would apply for VD. When that can and could be granted is a too complex issue to discuss here, but if somebody agrees to depart the US voluntarily, he or she would avoid the 5 to 20 year bar for deportation. If the person has been unlawfully present in the US (either due to EWI or overstay), the 2 or 10-year bar would be triggered nonetheless. The issue is less dramatic as both bars, the one for deportation and the one for overstay, would be served concurrently, meaning at the same time. The reasons to get the I-601 waiver for unlawful presence approved are also the same for those needed for the I-212 waiver for deportation. So in most cases it's a non-issue.
That said, if somebody faces deportation, applying for or accepting VD is the way to go.
Whether or not such a person may return to the US is another issue.
First of all, a person could be inadmissible for life, i.e., if a Green Card holder gets deported for felonies committed. But even if that's not the case, somebody who has a nasty history with USCIS, whether that's through overstay or a crime committed will not ever get a non-immigrant visa to the US again. That has nothing to do with the bar or bars; it's because every application for a visa, whether visitor's visa or student visa, is adjudicated on its own merit, and knowing how difficult some people have it to even get a visa under good circumstances, you'll understand that somebody with a history has almost zero chance.
What would work, assuming the foreigner is not inadmissible for life, is an immigrant visa, once the bar or bars have been served. In plain English: if the guy who's being kicked out is married to a US citizen, and he's still married when he applies again, he has a shot to come back, earlier if a hardship waiver would be approved.
Thats what I try to write about the bars, Bob made it very clear. I want to add " sometimes ICE sends a letter toto Alien to his last address in file saying that he is no more legally present in this country and he has a chance to leave voluntarily. On other times Bag and baggage letter is issued by ICE. sometimes is a part of differed action deal etc."
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Sonia,
I also have similar updates.
May 25 - Card production ordered(online status).
May 26 - Card production ordered again (REPEATED UPDATE). Also Text messages three times,USCIS card production ordered.
May 28- Approval letter received (postal mail letter).
May 27 - Online status moved/jumped BACK to POST-DECISION status (saying we have approved the application).
still no card in mail.
I have second card production update status went back to post-decision activity but still no card. I want to travel to delhi ASAP.
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One of my friends was sent 'voluntary deportation' letter.He want to sign it. But want to know if he can enter America again in the future?
There are two bars, ( deportable and second is Ineligible to enter) If he receive the letter of voluntary departure and he leave the country within time provided by DHS then he will ont have one bar i.e 3-10 years. but he still will have bar of ineligiblity.
He still needs a waiver I 212 to enter to overcome the ineligiblity bar.
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yes I did and its approved. My GC is in mail since may 27th. I dont know when it will arrive. any one know How long it takes to actually card arrive in mail after USCIS send the email that your card is mailed?
I am in NJ too.
Can I travel with the approval letter, even if I didnot receive actual card?
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Thank you,
My officer was very nice, One of those who understands the pain we go thru. God bless her.
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Finally I received email today that my Green Card in production and it will take 1 month to produce. and usual letter for address change etc.
AOS is approved . My journey is over. Now I can go back to my Engineering job.. Thank god.
Who are in process and still waiting.. Please be patient It will end soon.
God luck you all.
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That not the reason, USCIS given me hard time because they lost my A file. even if the VAWA filed after the removal proceedings, ITs still a VAWA and ITs approved. Case was terminated after filing I485. USCIS don't want to creat T-file ITs a lot of work, that why they tok short cut and open remival proceedings. Now court did create T-file and Remand case back to USCIS. IT should be no problem anymore.
No matter what I don't want to get attorney, I will rep myself I did in the past , in the court. I don't care anymore because I had three Attorney in the past who just took the money and did nothing. Finally I did everything myself including joint motion. I guess I am at the stage where I know What to do in my case and more. I also Did FOIA myself that where I found My file was lost, I 130 withdrawn etc.
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I had my interview in june 2007. My wife went to interview and we had our two kids also. I was asked for Medical exam and I864. That I provided same week. I didnot get reply till may2009. I went back and enquire and ask why I am still waiting, Then I was called for second interview with notion that interview will be taped etc etc. My wife didnot go, I went alone. Officer told me that my I130 was withdrawn by my wife, and denied my AOS. Then Within 2 months Removal proceedings started. I filed VAWA and . its approved. Now I have my fingerprint date set on March 30th.
All I,m saying is there must be something that trigger the hold on the case, it can be anything, including but not limited to, Spousal complaint, withdrawn petition, security check, doubt of sham marriage, or incomplete application, criminal record etc. can be file lost too.
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tuna, suggestion for you.
Take info pass, go to USCIS and ask y you didnot receive the EAD?. They may ask for copy and receipt. Then ask for supervisor and explain, if its been more then 90 days, you should receive you EAD. if no help then find out there will be a department in the same building called special project. Ask the special project manager and talk to him. He will expedite the Process.( that why the department is there for)
Good luck
I had same situation and my work permit was not renewed on time so I lost my job year ago. then I did the same and got workpermit within week. But never got my eng job back. I filed Unemployment.
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My update,
New I485 (No 864W, or G325 etc) send to TX with fees waiver on march 10th 2011, I received Receipt on march 15th, 2011( fees previously collected). yesterday, March 22nd, received Fingerprint appointment, scheduled for march 29th.
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Thank you. I didnot filed I765 and Vawa together, thats why I was little confused. I was asked to file I485 by the court, so I didn't know. Moreover I send my 485 to Masquites TX. not Chicago lockbox/or Vermont.
Thank you for your reply, I appriciate it.
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Aliens are adjusted in field offices, not in service ceners isn't it? Field offices are the one who initiates the Removals isn't it? Once they already have the memo in place, do you ever put your thought , why they issue the NTA? I guess you only have limited information about memo's and due process.
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You put smile on my face.. Sorry for typo.
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She entered prior to yr 2001 and she is able to adjust the status under 245i. but The information is not complete, once she was put into removal proceedings and judge agreed for adjustment and further filing, why can't her attorney asked judge to grant her green card in court? YES JUDGE CAN GRANT GREEN CARD IN COURT< IT HAPPEND IF THE JUDGES CALANDER HAS SLOT AND ALIEN HAS ATTORNEY" otherwise judge remand tha case to uscis for further proceedings.
OP Said she is USC, is it misrepresentation case? I mean she claimed to be USC when she was not? [lease clearify.
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Thas correct. once file under WAVA, it will be adjusted same way you are. Aged out children is not valid when you are already in USA. Priority date didnot change for WAVA.
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290b is always send with the denial letter, it doe not mean you have to file an appeal. It was just said by the USCIS that " we denied your petition and if you disagree then you have option to file and appeal". you know your situation and sequence of event which can be informed to immigration attorney to evaluate your chance of getting Status. I meant , how you entered, how long you were married, etc.
you can consult with an attorney is best choice.
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Yes I did read the memo. I was also in the removal proceeding for long enough to know how the proceedings work and what happend in court. The memo guidelines are stipulated with the Relief as well as discretionay action but when in court, IJ look for the way of adjustment first. Proceedings never been terminated unless Ij and government attorney satified with the filing, that also includes the I485 and I864/864A. If Government attorney can't see the alien A file he know that once case is remended to USCIS and I485 is not pending then file will just sit there and no action will be taken. It looks bad on government part, nd why Ta didnot paid attnetion before terminate the proceedings, therefore, it will be asked to file the I-485 before terminate the proceeding. further more That only happend if the I130 is approved, if not the IJ will give another date longer then 6 months and wait.
the guidlines you posted have special meaning called joint motion to terminate the case. You may don't know that " case only be terminated once the joint motion is filed and then remand case back to USCIS. TA will not sign the motion if he suspect that filing is not correct or lack of forms. sometimes USCIS officer just revet the case back to court because no proper filing.
The memo is the basic guideline for joining the motion and terminate the case and remand back but. it won't happent unless
I130 is approved,
I485 is filed, and got receipt from TX centre.
Fingerprint is taken and results are favourable to alien/waiver is available.
Bottom line ICE attorney (TA) will not ask the IJ to terminate the case, He is actually supporting the ICE who initiate the remocal, ITs alien attorney who ask TA to join the motion and TA can joinIF the memo guidelines and Proper filing is done on the case. I think the OP should post back what his attorney suggested. then you will know what I,m talking about.
Just to let you know that this is not the MEMO ICE issued first time, There is one similar memo issued long ago The key word "Bo cooper memo" Search that and you will find similar guideline posted by Attorney general.
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I would like to thank everyone for their support. We ended up hiring a lawyer. Wish us good luck for our court date on May 24. Again, thank you everyone.
Its good you hired an attorney, Now ask him the same questions and let yourself know what is going to happend in your case? why your ASO is denied? you will know the answers. BTW did you ever heard about your I 130/ did it got approved? You have to check that because that always been with USCIS and they should act on it.
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The problem is the removal proceedings are with ICE and the adjustment was with USCIS. Had your wife filed for her AOS before she was in proceedings then it would have been a whole other case.At this time ICE have jurisdiction over your case but that is not bad news for you and your wife.
This is the memo that you should read because your case would seem to fall into this exact catergory.
As it is the ICE attorney have the ability to ask the Judge to dismiss your case
In another thread I opined that USCIS could approve a case and then it would go to ICE but it looks like it could be the other way around, that formal removal proceedings are dropped by ICE in court and then it is referred back to USCIS to be approved or denied.
not true.
Ice just follow the court order. ICE don't approve or deny the case. its EOIR where USCIS will be represented by attorney and Alien can either go pro se or hire and attorney. ICE only can detain the person if he/she is on flight risk. Hold then till Judge render his decision and then only they do the required steps to remove alien. Of course there will be removal officer assign when alien is detained. He will work side by side to aquire the travel document and permission from the country of origin so he can do his job to remove alien when time comes.
VAWA Part 2
in Effects of Major Family Changes on Immigration Benefits
Posted
I received similar letter update when i received my card. You will receive your GC within two to three weeks
actually took an Info pass appointment when I received these status changed, and ask officer to stamp on my passport so I can travel. I got temporary stamp for three months and booked flight to my country, but flight was thru the England and IT required Transit visa, so I booked another flight thru Munich and went, Actual card was mailed to my address and I received when I came back without any problem.
Dont worry you will receive yours within very short time.