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Filed: Timeline
Posted

Shona and everybody!!!

After the determination of PRIMA FACIE CASE, do you know if the petitioner is allowed to get the travel document to travel abroad with no issues to come back?

What this PRIMA FACIE CASE really means?

Any information will be appreciated.

Thanks

Filed: Other Country: England
Timeline
Posted (edited)
Shona and everybody!!!

After the determination of PRIMA FACIE CASE, do you know if the petitioner is allowed to get the travel document to travel abroad with no issues to come back?

What this PRIMA FACIE CASE really means?

Any information will be appreciated.

Thanks

Hi There

I know in my case I cannot go absolutely anywhere otherwise I'll be banned for 10 yrs. My AOS was denied and therefore everything revoked which led to a removal hearing. I really don't know how it would work for others but I'd be very, very careful.

I have had 3 Prima Facies's now due to my petition taking almost one year and three months to adjudicate. Even if approved I still have to apply for AOS in my next removal hearing in April. I don't know why but my last Prima Facie wasn't renewed. My case always showed it was touched when a new Prima Facie was issued but never actually said it was. I just received a renewal in the post.

If you were to receive an RFE this would be reflected in the actual message when touched, as was mine. They may also say you have a NOID (Notice of Intention To Deny) but will give details of this via the post. Although an intention to deny would still give you an opportunity to rebute an outright denial by possibly giving further evidence in support of your case. Apparently then if your case is denied, then there is still a chance to appeal.

A Prima Facie determination is not an approval but an indication that, if the the facts that were presented were proven to be true then an approval would be issued. That is how I understand it. It also means (as it says on the letter) that you may present it to agencies in order to receive public benefits. However, this is a waste of time as in the 1996 Welform Act forbade new immigrants from receiving any benefits for the first five years.

If you have an attorney which you most likely have, then it is best to ask about travel as situations are different.

I just hope that you do not have to wait as long as I have . I desparately want to see my children in England. This wait seems to have gone on forever and has been so stressful. It has been over 30 days since I sent in my RFE's for my I360 and EAD and they said it would take about 60 days to receive a reply. I just want it to end.

Good Luck

Shona

Edited by shona

Filing I 360 3rd Nov 2005

Prima facie determination received from Vermont 20th Nov 2005

DIVORCED JANUARY 25th 2006

EAD applied for again (jeez I need to work ) 28th Feb 2006

Removal hearing July 12th 2006

RFE's received for I360 and EAD 13th October 2006

NOID received March 2007

EAD denied March 2007

Back to Immigration Court April 18th 2007

NOID request for evidence received USCIS 3rd May 2007

I 360 touched May 31st 2007

I 360 actually approved May 30th 2007

EAD filed June 23rd 2007

I 485 filed July 24th 2007

NOA1 for I 485 August 1st 2007

EAD approved August 6th 2007

Medical with CS August 28th 2007

Biometrics August 24th 2007

Paperwork sent to Immigration Judge to finally terminate removal proceedings September 10th 2007

 

GREEN CARD FINALLY APPROVED AFTER 4 YEARS September 9th 2008 :D

 

N-400 Filed online 03/04/2018

NOA online 03/05/2018- projected Citizenship completion date December 2018

 

 

 

Filed: AOS (pnd) Country: Colombia
Timeline
Posted
I was just online checking our case status, becaue I thought maybe they would have changed with our visit to the Dallas office for interim EAD today. On all of the 3 petitions, it still says your petition was recieved on Feb 15, 2006, but no longer says "it is taking between xx and xxx days to process this kind of case" now it just says "you will be notified when processing is complete" I'm not sure when this changed because I haven't entered the files in awhile, I only looked at the dates, saw that they never changed and that was that. Does this maybe mean approval is coming or could it mean RFE's. After 109 days I would think that they would decide if they had all the information to their liking, although I did read a post where a february applicant was RFE'd for 2005 taxes.

After 109 days they probably have not even looked at it. They only take a brief look at the packet for completeness before cashing the check. Then you go to the back of the line and absolutely nothing happens until you get to the front of the line. Then the issues or lack of them are discovered.

a

 
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