wahound

You only get an edit button for a limited period of time if yours is the last post in the thread.

Section 240 doesn't kick in until removal proceedings have begun. USCIS policy is to notify an alien that they intend to start removal proceedings. The alien is usually given 30 days to respond to this notice. There are a few circumstances where this doesn't happen. For example, someone who entered using the Visa Waiver Program wouldn't necessarily get a notice of intent because they waived the right to appeal when they used the VWP. There have been cases of VWP applicants who were taken into custody immediately after an AOS interview and summarily deported. In your case, I'm almost certain they'd send a notice of intent before starting removal proceedings. You'll want to have someone checking your mail after you leave just in case USCIS sends a notice of intent. If they send one then you'll want to respond to it letting them know you've left the US. Otherwise, they might start removal proceedings and send a summons, and 240(c) will kick in if you don't appear.

Keep all documents related to your exit from the US - boarding passes, etc. In the event that CBP doesn't properly record your exit then you'll need these documents to prove what day you left the US. The ban begins the day you leave.

Dear Jim,

We are in the process of winding up and leaving the country once my wife finishes her final semester towards end of this year. Upon skipping the interview, we did get a notice as you correctly stated giving us 30 days to respond to open a motion to reconsider by filing a form I-290B.

A separate letter said "You are without lawful immigration status... and in violation of US law. Therefore, you are subject to the institution of removal proceedings against you are are required to depart from US"

I am just trying to understand the language here. Is this the notice of intent you mentioned or will that be a separate one ? I do not wish to stay a day here under removal proceedings which could jeopardize any future visit by inviting a permanent ban.

Thanks as always

hahah ! did you really mean present present ?!

I remember when my dad was in the Visa section at the consulate for the indian embassy in nigeria, he would almost always get flooded with gifts from prospective tourists !

works the same in every embassy i now presume.

Thank you so much for all this information really really helped. I guess we will stick to our plans and definitely leave before summons.

Cheers !

Section 240(C) is for failure to appear for removal proceedings. You're not in removal proceedings at this point. Your application is still being adjudicated. You can withdraw your application anytime and leave the US.

Im sorry Jim for making multiple posts, but for some strange reason the EDIT key is not showing up even after logging in and out multiple times.

I read up on the 240C and yes you are correct that it is only when you fail to show up for a hearing ordered by a judge. I guess my question is completely different then. At what point does DHS invoke the rule 240a/b/c/ to deny any sort of future immigration and put a lifetime ban on an individual once they leave the country? . If we were to recieve a notice to voluntarily depart and we do, would that still put us at a risk of permanent ban even after 10 years ?

Is ur wife us citizen?

Yes my wife is a US citizen who got her citizenship a couple of years ago based on her immigrant father.

Im sorry, im unable to edit the above post. I just wanted to rephrase a question I had in the previous post.

Legally, Do removal proceedings start once you fail to voluntarily depart after they ask you to do so or do they start the minute they send you a notice to voluntarily depart ? im just trying to understand at what stage the 240C rules kick in.

Thanks

Thank you so much people for your responses.

Unfortunately, due to a incompetent lawyer and his staff our AOS forms were never really submitted properly to the USCIS initially which eventually put me outside the 180 days period, and all this time we were thinking that USCIS is just taking its sweet time processing.

If we send a letter to USCIS saying we are withrawing our application does anyone have an idea how much time one gets before voluntarily leaving ? i understand fully well that I shall be subject to a 10 year ban because of overstay but that doesnt bother us since my Wifes parents are relocated to our native country (old age) and we have no other family or relatives here which makes it so much easier to relocate.

Secondly, should we skip on the stokes I understand that we shall recieve a notice to depart voluntarily. If one departs within that time frame, he isnt subject to the 240C ruling correct ?

Thanks a lot people. god bless you all.

Bumping. Anyone help ?

Hi,

I have a question with which im hoping someone would be able to help.

My family has a successful business overseas for which I am to eventually take over when the time is right. I had been sent by my family to USA for studies (F-1) and knowing very well who I was to get married to we decided to complete the formalities here itself so I may visit back and forth with wife to see family and not have to wait for visas each time. It didnt seem like a big deal back then. The problem is that the application was filed over a year and half ago and at that stage we had no idea it would take this long and I would have returned instead of overstaying while waiting for my status to adjust. In other words I screwed myself from being able to travel back and forth freely on non-immigrant visa.

I was told that the USCIS needs 6 additional months (4 from now) to make a decision as they are reviewing my case. Our patience was running really thin as I have extreme pressure to return and take over my family's business. We were making a decision to just return and abandon the application and the associated stress since we do not plan to live here anyways. The problem is that we got a email from our lawyer that a Stokes is scheduled for us in the coming few weeks.

Now whats screwing with our heads is, should we decide to not attend the interview and ask for extension and meanwhile leave would we (me in this case) be slapped with a section 240© lifetime ban ?! I just came across it on google and it freaked us out. What if they send us a notice of voluntary departure and we leave ?! We have absolutely no desire to unneccesarily harass ourselves with stokes when as I said we dont plan to stay here. I just don't want to get perma banned should i wish to visit 10-15 years later to with kids to show them where we grew up or disneyland etc.

Thanks

Update:

90% of our evidence that we provdided in the form of utility bills etc were from NY. Apparently the officer in NE decided we really dont live in NE and moved our file to NY. End result is now we have to sit in NY and Im not moving again in fear it will get transferred to NE.

So, 1 week before the interview I took the notice to the Infopass Desk (didnt have a appointment) in the same office where my interview was to be conducted and the officer looked and said Wife could be present but not required. I called USCIS 3 times and escalated the call to Officers instead of agents and all said the same thing that if wife isnt written on notice, not required etc.

Well, my turn comes up and the first question the officer asks is " Where is the petitioner ? ". Me and my attorney tell her what all was told to us and she shakes her Head. Said the NE officer did not approve the I-130 as she had doubts we lived in NE and as such our file was moved to NY and petitioner will have to be present again.

our cause is Adjorned and we will be given a new date to appear. What a nightmare !

Edit: ooh and I didnt take my wife in the first place was because it was finals week for her and was a matter of risk vs reward thing.

Well, my wife resumed her College education in NY since she wasnt goign to take a semester off sitting at home since we got pulled to NY from lincoln.

That and she resumed her old job with a bank part time. I dont know if these things are checked in background checks.

Either way ill let you guys know in a few days

Thanks

Hi,

Sorry there was one little thing that I mentioned but failed to ask upon. Sorry for being a pest.

My file was transferred from Lincoln to NY as I had temporarily moved with my in laws (in ny) as my mother in law is a heart patient and needed 24/7 assistance. How they found out I dont know, but even aaftr trying to convince them that my residence in NY is temporary they would not let me move my file back to lincoln.

CAn the NY office exercise discretion based on the input from lincoln office (succesful interview)) or do they have to go over all the procedure again.

Thanks

Thanks for your help.

With a few days to go for this interview, me and my wife are both extremely jittery.

Could someone please answer a question relating to this.

If a couple is called for a stokes interview, does the appointment notice mention it clearly as "stokes" or is it a term thats understood by the people receiving the second interview ?

Reason I ask is, the G-56 doesn't say stokes anywhere, neither is my wife asked to come. We went to the local office where they asked us to come and the lady behind the desk just said to follow instructions and presence of my wife could be optional. ( I hope she knew what she was saying ).

ok i updated the things you asked me to the best of my knowledge.

There is something id like to mention that I didnt earlier. I had switched over from a F-1 visa and my I94 said D/S or duration of stay. i had overstayed a little.

The IO did not take the I-94 from my passport and surprisingly we had never submitted our Birth certificates and she did not ask for them either on the day of the interview. The medical which is valid for 1 year was a few weeks away from expiring but USCIS had repeatedly said over the phone that as long as its valid when submitted it does not matter if it expires in posession of USCIS and hence I would not need to take it over.

On the day of the interview the IO did mention that my medical had expired and I told her what USCIS had mentioned over the phone. She nodded her head in approval but said she would need to speak to her supervisor regarding that and following general yes no questions she let us go with a smile.

Could the fact I still have my I-94 slip with me be the reason of them wanting to see me? so they can possess it ?

Can this possibly be a harbinger of bad news ? =(

Hi,

Me and my wife had a successful AOS interview late August of this year. I believe its standard practice of USCIS not to reveal whether the application was denied or approved on spot and they let one know by mail. Still, the body language of the IO said everything seemed fine.

Today I recieved a letter from USCIS (form G-56) asking me to show up in person one month from now at a NY office. The info provided in the notice was:

ASK FOR: ANY ADJUDICATION OFFICER

REASON FOR APPOINTMENT: ADJUSTMENT OF STATUS INTERVIEW

BRING THE FOLLOWING DOCUMENTS: ID, such as passport and originals of documents sent to us & additional documents we asked

Now, There are no additional documents requested by the USCIS. So why am I going back to their office ?! Also, my case was outside the normal processing time so the USCIS customer service had launched an enquiry and gave me a referral Id for beyond regulatory time frame. Could this be in connection to that ?

- Responses would be much appreciated

P.S. Is this stokes? if so, why is my wife not asked to come in the notice. can stokes occur in absence of spouse?

Thanks for your time.

We appreciate it.

Vanessa&Tony,

Thanks for your swift reply.

Im still not certain as to how people who show up for the AOS interview are able to get a i-551 stamp the same day after being a little pushy/eager.

is it true that they would have filed a AP concurrently and only then they would have been considered for a i-551 the day of the interbview ?

And if you are explained about the 2 year rule and rules regardign removing of condiontional GC, does it not automatically mean that the party is approved ?

Thanks

Hi,

My brother and his wife had their AOS interview on august 26th 2010 at the OMAHA center. She is a US citizen. At the time of the interview, the couple had mentioned to the officer that they will need to be travelling to Jamaica for their honeymoon around oct 22nd and had provided itineries.

The officer took copies and said there should be a response in mail within 2-3 weeks and not to worry about missing out on the honeymoon. After 6 weeks of waiting, their attorney made a infopass appointment (for first week of Oct) and the officers told him to tell my brother to make a infopass appointment in NYC and the officers here will stamp it. (my brother is in NYC for around a month... mother in law had bypass and is on bed rest).

My brother went today to get his I-551 but was in for a rude shock. The NYC center does not show a "approved" status in its computers. All it sees is "pending" because of which it refused to stamp a I-551. The NYC center advised my brother that the OMAHA center hasnt made a decision yet and to wait.

Problem is, our grandmother is at her end and we need to make a urgent emergency trip back home even before he can think about his honeymoon. If he makes a infopass appointment at the Omaha center would they have the same response as to "keep waiting? ?

As far as I know, once the immigration officer has made a succesful AOS interview with your US citizen present you are eligible for a i-551 stamp. Is this not correct ?

Could it be, that since the case was filed in the Omaha center, only Omaha can use its discretion to grant i-551 and not other centers ? Reason I ask is, its around $600 round trip and its money that could be wel spent. Even then, is it safe to travel on a valid passport with expired visa and i-797 notice of action for i-485 stamped ? I hope TSA dosnt give trouble.