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Filed: Timeline
Posted

I plan to depart the US soon because the denial notice states explicitly: "if you fail to depart the united states, proceedings will be instituted to enforce departure." Once departed, I plan to drop off a letter at the US embassy in my country to let them know that I have departed the US. However, I worry that I may receive a "notice to appear for removal proceedings" when I have already left the country. I read online that I may be tried in absentia. A entry bar might occur, even if I did the right thing.

Filed: Timeline
Posted

Before you do that, have you contact an immigration attorney?

What was the cause of your AOS denial in the first place? and your spouse?

In your signature states that you received a request for more evidence...did you and your spouse answer?

I don't know the entire proceeding on voluntary departure, which that looks that they are offering you so you could still apply from outside the US and nothing gets against your record.

I will consult with an immigration attorney before put a foot out.

Good luck.

I plan to depart the US soon because the denial notice states explicitly: "if you fail to depart the united states, proceedings will be instituted to enforce departure." Once departed, I plan to drop off a letter at the US embassy in my country to let them know that I have departed the US. However, I worry that I may receive a "notice to appear for removal proceedings" when I have already left the country. I read online that I may be tried in absentia. A entry bar might occur, even if I did the right thing.
Filed: Timeline
Posted
I plan to depart the US soon because the denial notice states explicitly: "if you fail to depart the united states, proceedings will be instituted to enforce departure." Once departed, I plan to drop off a letter at the US embassy in my country to let them know that I have departed the US. However, I worry that I may receive a "notice to appear for removal proceedings" when I have already left the country. I read online that I may be tried in absentia. A entry bar might occur, even if I did the right thing.

did they deny your AOS because you did not reply to the RFE? I see this happening a lot, people simply just don't answer the RFE.

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Filed: Timeline
Posted

If your AOS was denied because you either did not receive the RFE or you did not respond in time, then the worse thing you could do is depart the US. You need to get legal advice NOW! The issue with the RFE can be fixed, but not if you have left the US.

If you can not afford a Immigration Lawyer contact your local Catholic Charities (you dont have to be Catholic) they have Immigration lawyers that work for free or at a very reduced price.

If you do depart the US, you will be abandoning your AOS and any change of putting it right. This has happend to other and they have been able to get this sorted out.

Do not panic, they are not going to come and knock on your door and drag you off. Your case would have to be taken to a Immigration Court and you will be given the chance to explain what happened and present any missing evidence.

DO NOT LEAVE THE US.

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

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