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Filed: AOS (pnd) Country: Mexico
Timeline
Posted

Hi everyone:

I'm very concerned about what happened yesterday at my AOS interview in Chicago. First, we (husband and I)waited for such a long time for the officer and when he finally took us to his office. His way seemed very strange even for the attorney that was representing us. He didn't look us at the eye, only ask to see a few original documents, basic marriage questions (maybe four)and when he asked to see my passport and i-94 everything went the wrong way. I didn't have my I-94 because my parents had returned it when I was a child (overstaying our visas). He checked the computer and found that fact, which he didn't like. Again he asked me my last date of my entrance and I provided him with the same answer as before- the only date I had entered with a visa, never left. He also asked me questions about my parents if they had green cards which I didn't like since that doesn't have to do anything with my case. He then went ahead and issued us a letter saying the case was pending for review. My attorneys didn't make a good job representing me since they kept telling me there was no need for an i-94 record since I had the stamp from 1997 and they hardly ever make an issue about that missing record. Now, I'm very worried about it since I don't want to keep waiting for another few months. Has anyone heard of something similar or know of what the next steps would be?

Thank you!

Filed: Citizen (apr) Country: Australia
Timeline
Posted

Honestly the next step is wait. They're going to check and see if they have any record of you leaving but not re-entering, which would indicate you entered without inspection which makes you ineligible for AOS in the US.

Try not to worry just yet.

Posted

Your parents did you a disservice by trying to turn in the I-94 to make it appear like you left. People do that so the gov. "thinks" you are not around and people think it protects you from deportation. It doesn't. So now you have a record that you left the US, and no record of reentry. They are going to have to do their inquiry and you just have to wait. I would get another lawyer, or at least an opinion from another one. Yours should have anticipated this problem. If your parents are illegal, expect questions about them. You can't avoid it because you don't "like" it.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

Posted

You can start gathering evidence that you have been in the US since 1997, in case they ask for it: school records, domestic airline boarding passes, utility bills etc

Spouse-based AOS from out-of-status H-1B, May - Aug 2012

Removal of conditions, Aug - Nov 2014

 
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