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Important I-130 Question

By BMW4me in Adjustment of Status from Work, Student, & Tourist Visas

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BMW4me Community Regular

BMW4me   12

Posted
Filed: Citizen (apr) Country: Turkey
 Timeline
Posted

On page 1 Part 16 there's a question;

16. Has your relative ever been under immigration proceedings?

Options are: Removal, Exclusion/Deportation, Rescission, Judicial Proceedings

My Story;

- I am an F1. I transferred schools in 2006, Silly enough, after I transferred to my new school, I didn't go to my new school's International Student Office to receive my new I-20.

- So 3-4 months within the semester, I received a letter from USCIS saying that I am out of status. They thought after leaving my previous school I never attended any school.

- Hired a lawyer and filed I-539 Form(Application To Extend/Change Non immigrant Status). After two court appearances my application for reinstatement was approved. So I am F1 again.

Considering my above story, I have 1 question;

- Which one do I choose from the Part 16 on the I-130 Form? I wasn't sure any of this it could be a judicial proceedings or does it count as removal or exclusion/deportation, which one?

I personally think none of these applies to me but am I right?

thanks

09/01/2002 - Came to USA on an F-1

-
03/11/2011 - (Day 01) - AOs Package Delivered
08/08/2011 - (Day 150) - Green Card arrived

-

04/30/2013 - (Day 00) - I-751 Package Sent

05/01/2013 - (Day 01) - I-751 Package Delivered

01/16/2014 - (Day 261) - I-751 Interview, verbal approval on the spot

04/08/2014 - (Day 343) - I-751 Approved

-

04/28/2014 - (Day 00) - N-400 Package Sent

04/30/2014 - (Day 01) - N-400 Package Delivered

05/03/2014 - (Day 04) - NOA Receipt Date

05/27/2014 - (Day 29) - Walk-In Biometrics (original date was 06/04/2014)

06/27/2014 - (Day 60) - In Line for Interviewing

10/06/2014 - (Day 102) - Interview in Long Island City Field Office, Result: RFE given

10/06/2014 - (Day 102) - Responded RFE

01/23/2015 - (Day 211) - Naturalization Oath Ceremony

01/23/2015 - (Day 211) - US Citizen

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RICARDO4EVA2 Mentor

RICARDO4EVA2   194

Posted
Filed: F-2A Visa Country: Jamaica
 Timeline
Posted

you didn't do under proceedings no.

Current cut off date F2A - Current 

Brother's Journey (F2A) - PD Dec 30, 2010


Dec 30 2010 - Notice of Action 1 (NOA1)
May 12 2011 - Notice of Action 2 (NOA2)
May 23 2011 - NVC case # Assigned
Nov 17 2011 - COA / I-864 received
Nov 18 2011 - Sent COA
Apr 30 2012 - Pay AOS fee
Oct 15 2012 - Pay IV fee
Oct 25 2012 - Sent AOS/IV Package
Oct 29 2012 - Pkg Delivered
Dec 24 2012 - Case Complete
May 17 2013 - Interview-Approved

July 19 2013 - Enter the USA

"... Answer when you are called..."

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  • 3 weeks later...
BMW4me Community Regular

BMW4me   12

Posted
Filed: Citizen (apr) Country: Turkey
 Timeline
  • Author
Posted

any more comments on this, i am struggling on this, which one to choose?

09/01/2002 - Came to USA on an F-1

-
03/11/2011 - (Day 01) - AOs Package Delivered
08/08/2011 - (Day 150) - Green Card arrived

-

04/30/2013 - (Day 00) - I-751 Package Sent

05/01/2013 - (Day 01) - I-751 Package Delivered

01/16/2014 - (Day 261) - I-751 Interview, verbal approval on the spot

04/08/2014 - (Day 343) - I-751 Approved

-

04/28/2014 - (Day 00) - N-400 Package Sent

04/30/2014 - (Day 01) - N-400 Package Delivered

05/03/2014 - (Day 04) - NOA Receipt Date

05/27/2014 - (Day 29) - Walk-In Biometrics (original date was 06/04/2014)

06/27/2014 - (Day 60) - In Line for Interviewing

10/06/2014 - (Day 102) - Interview in Long Island City Field Office, Result: RFE given

10/06/2014 - (Day 102) - Responded RFE

01/23/2015 - (Day 211) - Naturalization Oath Ceremony

01/23/2015 - (Day 211) - US Citizen

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Haarp425 Enthusiast

Haarp425   26

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
Posted

Did you get a letter with a heading like "Notice of Hearing in Removal Proceedings"? If not, what is the heading of the letter you received from USCIS?

http://video.google.com/videoplay?docid=-8066925138937638623#
Angels Still Don't Play This HAARP

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BMW4me Community Regular

BMW4me   12

Posted
Filed: Citizen (apr) Country: Turkey
 Timeline
  • Author
Posted (edited)

Did you get a letter with a heading like "Notice of Hearing in Removal Proceedings"? If not, what is the heading of the letter you received from USCIS?

honestly, I do NOT remember ever receiving a Removal Proceedings paper, so i would like to say `no`. but gee what If I did

and check the attached document as it is the only thing that I have from that incident

post-84889-0-76578300-1298944914_thumb.jpg

I do have an A number on this paper, since I am already assigned an A number, i used this number on every page where it asks for an A number

Edited by vkn & jsb

09/01/2002 - Came to USA on an F-1

-
03/11/2011 - (Day 01) - AOs Package Delivered
08/08/2011 - (Day 150) - Green Card arrived

-

04/30/2013 - (Day 00) - I-751 Package Sent

05/01/2013 - (Day 01) - I-751 Package Delivered

01/16/2014 - (Day 261) - I-751 Interview, verbal approval on the spot

04/08/2014 - (Day 343) - I-751 Approved

-

04/28/2014 - (Day 00) - N-400 Package Sent

04/30/2014 - (Day 01) - N-400 Package Delivered

05/03/2014 - (Day 04) - NOA Receipt Date

05/27/2014 - (Day 29) - Walk-In Biometrics (original date was 06/04/2014)

06/27/2014 - (Day 60) - In Line for Interviewing

10/06/2014 - (Day 102) - Interview in Long Island City Field Office, Result: RFE given

10/06/2014 - (Day 102) - Responded RFE

01/23/2015 - (Day 211) - Naturalization Oath Ceremony

01/23/2015 - (Day 211) - US Citizen

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RICARDO4EVA2 Mentor

RICARDO4EVA2   194

Posted
Filed: F-2A Visa Country: Jamaica
 Timeline
Posted

any more comments on this, i am struggling on this, which one to choose?

Why are you struggling when the answer was given.

Current cut off date F2A - Current 

Brother's Journey (F2A) - PD Dec 30, 2010


Dec 30 2010 - Notice of Action 1 (NOA1)
May 12 2011 - Notice of Action 2 (NOA2)
May 23 2011 - NVC case # Assigned
Nov 17 2011 - COA / I-864 received
Nov 18 2011 - Sent COA
Apr 30 2012 - Pay AOS fee
Oct 15 2012 - Pay IV fee
Oct 25 2012 - Sent AOS/IV Package
Oct 29 2012 - Pkg Delivered
Dec 24 2012 - Case Complete
May 17 2013 - Interview-Approved

July 19 2013 - Enter the USA

"... Answer when you are called..."

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Haarp425 Enthusiast

Haarp425   26

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
Posted

On page 1 Part 16 there's a question;

16. Has your relative ever been under immigration proceedings?

Options are: Removal, Exclusion/Deportation, Rescission, Judicial Proceedings

My Story;

- I am an F1. I transferred schools in 2006, Silly enough, after I transferred to my new school, I didn't go to my new school's International Student Office to receive my new I-20.

- So 3-4 months within the semester, I received a letter from USCIS saying that I am out of status. They thought after leaving my previous school I never attended any school.

- Hired a lawyer and filed I-539 Form(Application To Extend/Change Non immigrant Status). After two court appearances my application for reinstatement was approved. So I am F1 again.

Considering my above story, I have 1 question;

- Which one do I choose from the Part 16 on the I-130 Form? I wasn't sure any of this it could be a judicial proceedings or does it count as removal or exclusion/deportation, which one?

I personally think none of these applies to me but am I right?

thanks

Page 1 Part 16 refers to "Immigration Court actions".

The keyword here is Judicial Proceedings.

Here's the definition of Judicial Proceedings: Any court proceeding undertaken by a judge, such as a trial or hearing. The hearing they are talking here is Immigration hearing. Since you attended two immigration court hearings and face an immigration court judge, in your case I would say that Page 1 Part 16 is Judicial Proceedings. Others may have other interpretation on this.

BTW, I see you went to CUNY school. I went to CCNY/CUNY and studied there 1995-1997 :)

http://video.google.com/videoplay?docid=-8066925138937638623#
Angels Still Don't Play This HAARP

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BMW4me Community Regular

BMW4me   12

Posted
Filed: Citizen (apr) Country: Turkey
 Timeline
  • Author
Posted (edited)

Page 1 Part 16 refers to "Immigration Court actions".

The keyword here is Judicial Proceedings.

Here's the definition of Judicial Proceedings: Any court proceeding undertaken by a judge, such as a trial or hearing. The hearing they are talking here is Immigration hearing. Since you attended two immigration court hearings and face an immigration court judge, in your case I would say that Page 1 Part 16 is Judicial Proceedings. Others may have other interpretation on this.

BTW, I see you went to CUNY school. I went to CCNY/CUNY and studied there 1995-1997 :)

thanks

well this sucks then I DO NOT remember these dates, i had two court hearings and the I-130 form has a date field, I just can't remember the date and I have no paper other than this. shoo what to do ???

Edited by vkn & jsb

09/01/2002 - Came to USA on an F-1

-
03/11/2011 - (Day 01) - AOs Package Delivered
08/08/2011 - (Day 150) - Green Card arrived

-

04/30/2013 - (Day 00) - I-751 Package Sent

05/01/2013 - (Day 01) - I-751 Package Delivered

01/16/2014 - (Day 261) - I-751 Interview, verbal approval on the spot

04/08/2014 - (Day 343) - I-751 Approved

-

04/28/2014 - (Day 00) - N-400 Package Sent

04/30/2014 - (Day 01) - N-400 Package Delivered

05/03/2014 - (Day 04) - NOA Receipt Date

05/27/2014 - (Day 29) - Walk-In Biometrics (original date was 06/04/2014)

06/27/2014 - (Day 60) - In Line for Interviewing

10/06/2014 - (Day 102) - Interview in Long Island City Field Office, Result: RFE given

10/06/2014 - (Day 102) - Responded RFE

01/23/2015 - (Day 211) - Naturalization Oath Ceremony

01/23/2015 - (Day 211) - US Citizen

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Haarp425 Enthusiast

Haarp425   26

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
Posted

thanks

well this sucks then I DO NOT remember these dates, i had two court hearings and the I-130 form has a date field, I just can't remember the date and I have no paper other than this. shoo what to do ???

Since you have a lawyer, check your receipts from your lawyer's bill as they will include the date they provided service for you by going to court (itemized). If not, contact that lawyer's office and speak with the secretary and you need to get copy of your bill receipts for your record. Mostly, reputable immigration lawyer keeps record of your case and perhaps your bill/charges.

http://video.google.com/videoplay?docid=-8066925138937638623#
Angels Still Don't Play This HAARP

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BMW4me Community Regular

BMW4me   12

Posted
Filed: Citizen (apr) Country: Turkey
 Timeline
  • Author
Posted

Since you have a lawyer, check your receipts from your lawyer's bill as they will include the date they provided service for you by going to court (itemized). If not, contact that lawyer's office and speak with the secretary and you need to get copy of your bill receipts for your record. Mostly, reputable immigration lawyer keeps record of your case and perhaps your bill/charges.

ok so i get the date from the lawyer, any body has any more inputs, should I tick judicial proceedings????

09/01/2002 - Came to USA on an F-1

-
03/11/2011 - (Day 01) - AOs Package Delivered
08/08/2011 - (Day 150) - Green Card arrived

-

04/30/2013 - (Day 00) - I-751 Package Sent

05/01/2013 - (Day 01) - I-751 Package Delivered

01/16/2014 - (Day 261) - I-751 Interview, verbal approval on the spot

04/08/2014 - (Day 343) - I-751 Approved

-

04/28/2014 - (Day 00) - N-400 Package Sent

04/30/2014 - (Day 01) - N-400 Package Delivered

05/03/2014 - (Day 04) - NOA Receipt Date

05/27/2014 - (Day 29) - Walk-In Biometrics (original date was 06/04/2014)

06/27/2014 - (Day 60) - In Line for Interviewing

10/06/2014 - (Day 102) - Interview in Long Island City Field Office, Result: RFE given

10/06/2014 - (Day 102) - Responded RFE

01/23/2015 - (Day 211) - Naturalization Oath Ceremony

01/23/2015 - (Day 211) - US Citizen

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