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Filed: Timeline
Posted

Since everyone over looked the fact, that you had an AOS that was denied when the company tried to covert your B1 to a HB1; I am going to say your interview to AOS on a spouse visa will be very intensive.

True. Immigration could assume you got married for immigration purposes, which is a fact, because you got your work visa denied before.

Posted

The only thing I would want to confirm is that no Notice To Appear was issued after the AOS was denied. If you were summoned to immigration court and either missed the notice or ignored it, there could be big, huge problems, one of which would be deportation in absentia. I say this just because typically denial of AOS is followed by an NTA, but not in all cases. I would want to be sure this didn't happen in your case. If you were deported in absentia, you would need to re-open the old case, get it thrown out, and this would require a good immigration lawyer. The danger of AOS in your present situation is that if you set foot in an AOS interview based on your new marriage, and there's a prior order or notice to appear, you could potentially even be detained on the spot and put into removal. This is a worst-case-scenario. Not trying to frighten you, but just make sure you've checked and covered all your bases before you proceed.

Long story short, we have a complicated case. We've been at this for nearly 5 years. You can read our story here. I highly recommend our attorney Laurel Scott, as well as attorneys Laura Fernandez and Lizz Cannon .

Filed I-130 via CSC in Feb 2008. Petition approved June 2008. Consular interview in Mexico, Oct 2008, visa denied, INA 212a6cii. We allege improper application of the law in this case.

2012, started over in Seoul: I-130 filed DCF on 7/2, I-130 approved 8/8, Medical at Yonsei Severance 11/20, IR1 appointment in November 2012.

CRBA filed 1-3-13 at Seoul for our daughter

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You can find me at

Immigrate2us.net as Los G :)

Filed: Timeline
Posted

The only thing I would want to confirm is that no Notice To Appear was issued after the AOS was denied. If you were summoned to immigration court and either missed the notice or ignored it, there could be big, huge problems, one of which would be deportation in absentia. I say this just because typically denial of AOS is followed by an NTA, but not in all cases. I would want to be sure this didn't happen in your case. If you were deported in absentia, you would need to re-open the old case, get it thrown out, and this would require a good immigration lawyer. The danger of AOS in your present situation is that if you set foot in an AOS interview based on your new marriage, and there's a prior order or notice to appear, you could potentially even be detained on the spot and put into removal. This is a worst-case-scenario. Not trying to frighten you, but just make sure you've checked and covered all your bases before you proceed.

Thank you so much for this very alarming reminder. I did not recieved any NTA at all but its a good thing to double check everything.

 
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