Denial of AOS due to inaccurate info

[LIFE'SJOURNEY 970]

Dont i wish it was Valerie.

I dont know how i could have left and re-entered when my passport says otherwise too. It would mean that there is a gross inefficiency on there part. And am not that clever.

Or it could mean that JA issued 2 passports with the same numbers.

Or someone keyed in the wrong passports numbers...

Edited May 10, 2010 by LIFE'SJOURNEY

[MP0009 4]

I know this is way too simplistic, but don't you wish it was as easy as showing up at a USCIS office and showing them that you are, in fact, in the country?

no this wouldnt be enough because USCIS is saying ok your here but they think she left and then entered again illegally without inspection (like illegally crossing through the Mexican or Canadian border)

Now this is one of the most ridicilous situations I have ever heard!!!

Obviously EVERYONE who comes here on a tourist visa has to get a two way ticket, getting a one way ticket would be more illegal I would think because it shows You dont want to come back and stay here illegally. And most ppl who overstay and are tourists well they just lose their return tickets because most of the time you cannot get money back for this tickets you can only move it for a usually large fee. So almost everyone I know had a return ticket, I had one 2 but they just had to give up the ticket becuase for some reason they decided to stay here. I had a return ticket and there was no way to refund it and I just lost that when i overstayed.

Plus when u leave the country you need to give back the i-94 departure record, therefore if you have it how could you leave on that plane? what kind of proof is that you left just because you had a ticket?

Never heard of anything like that, I would consult a lawyer

Best of LUck!!

[MP0009 4]

Also how did USCIS have that information that you left the country? they dont have access to airline information right? so they said that just based on the fact you had a return ticket? Did you give them copy of original ticket? or they just see that from your passport? posttible someone with the same name traveled back? but on that ticket?

Ooohh or maybe the airline sold your seat to a standby or something and the ticket was used and they think it was you?

thing like that

oh my gosh!! this situation seems unreall, im sorry you have to go through this, but i would say again try to get a lawyers opinion and really press the airline down and try to get the info from them!! Good Luck!!

[parker101 1]

Unheard of how I-94 is valid and they say you left the country!!!! what a mess, follow up and keep pressing them and your senator on board

quick FYI, Since it is sometime cheaper to buy roundtrip instead on oneway, cancel immediately your return ticket so that maybe the airline dont mess up your record on last minute.

Good luck

[LIFE'SJOURNEY 970]

The information that the US have is not based on a piece of paper, FBI checked probably showed that this paasport number reflects that the individual departed the US on that date.

The USCIS is not relying on a single piece of paper.

[NahMore 0]

Thanks guys....our minds did run along a range of paranoid courses too.

We dont know where their info is coming from but hopefully it can be fixed.

As i said we are sending our response with copies of my passport, they still have my I-94(We have the copies though), letter and receipt from the airline, and other relevant evidence to prove them wrong.

So the ball's in their court to refute, challenge or accept our petition.

I'll keep you guys abreast of the situation.

[ValerieA 350]

Good luck!

[Usui Takumi 1,562]

Have you thought about contacting the airline and having them send you a transcript that shows you never used the ticket?

[Vivi6 12]

Plus when u leave the country you need to give back the i-94 departure record, therefore if you have it how could you leave on that plane?

It happened to me back in 2001 that they let me leave with my I-94 on my passport. I was 18 back then and didn't think too much of it. When I returned to the US 4 years later for a vacation, the IO was SO angry when he saw that. I was freaked out. I though "Why do you think I overstayed then somehow went to Italy then showed up again????". But I had to send proof to USCIS once back in Italy that I had returned home and stayed there for 4 years. thankfully I keep everything from my travels and i still had the boearding passes from 4 years earlier!

Last year, i actually had to tell the person at the desk to take my i-94. I think their own procedures fail them sometimes!

Anyways, I would get a lawyer because it seems quite complicated...especially as you were adjusting from a tourist visa and they don't seem to like that!

[VanessaTony 3,567]

** moved from "Adjustment of Status (Green Card) from Family Based Visas" to "Adjustment of Status from Work, Student, & Tourist Visas" as you are adjusting from a visa other than a K1, K2, K3 & K4 which the prior forum is for**

[Rebecca Jo 1,962]

Please seek help from a qualified specialist in immigration law and do it ASAP. Do not use a congressman and do not make another Infopass appointment. Hire an attorney who will work on your case NOW.

You need to stop the present movement of your case before you are placed in removal proceedings.

[MP0009 4]

The information that the US have is not based on a piece of paper, FBI checked probably showed that this paasport number reflects that the individual departed the US on that date.

The USCIS is not relying on a single piece of paper.

yea i would question that... the uscis doesnt have such a database i think. For instance they cannot access IRS records and the FBI is probably mainly for a criminal and terrorist activity.

http://www.ehow.com/about_4678199_fbi-background-check-show_.html

but yea i dont think they are saying it based on that you had a return flight, maybe someone was boarded on that ticket?

It would have to be a really big coincidence for someone with the same passport number to be traveling on the exact same day as your return ticket. The airline might have given the ticket to someone else and they checked that the ticket was in fact used.

I would say please at least consult a lawyer once ur application is denied, most times you cannot apply again and you get a ban from coming back into the USA if you overstayed which ranges from 1 to 10 years.

Best of Luck!!

[NahMore 0]

yea i would question that... the uscis doesnt have such a database i think. For instance they cannot access IRS records and the FBI is probably mainly for a criminal and terrorist activity.

http://www.ehow.com/about_4678199_fbi-background-check-show_.html

but yea i dont think they are saying it based on that you had a return flight, maybe someone was boarded on that ticket?

It would have to be a really big coincidence for someone with the same passport number to be traveling on the exact same day as your return ticket. The airline might have given the ticket to someone else and they checked that the ticket was in fact used.

I would say please at least consult a lawyer once ur application is denied, most times you cannot apply again and you get a ban from coming back into the USA if you overstayed which ranges from 1 to 10 years.

Best of Luck!!

We sent our response letter off yesterday and now the wait is on.

They should respond Friday or Monday hopefully. If not we will be going in with a lawyer.

Thanks for the help guys i really appreciate it. Its kinda hard talking to my mom cause she calls every hour on the hour wanting to know what's going on, which was why at first i didn't wanna tell her...Just Hey mom know what? We had a few rough patches during the GC process but now its behind us.

Ha right.

She's a pretty tough gal and she stands for no BS.

Aand wonder of wonders our official letter from the Airlines showed up after we posted the letter and i was off to the gym...nice timeing.

But thanks guys for the advice and patience.

[Craneman 2]

Did you leave the country on 26 AUG 2009 , or no ?

If no, then someone else with your name (and maybe even your passport #) did.

Suggest you engage with the immigration liason / staffer at the US Senator's Office, for your state.

And your I-94 ?

[Jessi Smie 0]

Dont i wish it was Valerie.

I dont know how i could have left and re-entered when my passport says otherwise too. It would mean that there is a gross inefficiency on there part. And am not that clever.

So what happened with your case???