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Brazil2USA2016

Removed in absentia 10 years ago

By Brazil2USA2016 in General Immigration-Related Discussion

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Brazil2USA2016 Explorer

Brazil2USA2016   7

Posted
Filed: AOS (pnd) Country: Brazil
 Timeline
Posted

My husband was removed in absentia more than 10 years ago. We recently found this out when we started the process. Does anyone have success with reopening the court case and adjusting status?

04/19/16 PD - NOA1 (Potomac Service Center)

07/13/16 Transferred to National Benefits Center to "speed up" processing

08/06/16 Transferred to Local Field Office (Philadelphia) for Marriage Interview

10/04/16 - Congressional Inquiry

01/05/17 - Ombudsman says will receive Interview letter within 30 Days!

02/01/17 - Marriage Interview

02/02/17 - I-130 Approved!!!  :D

Brazil2USA2016 Explorer

Brazil2USA2016   7

Posted
Filed: AOS (pnd) Country: Brazil
 Timeline
  • Author
Posted

"In absentia" mean he was not there when they deported him. It is "on paper" only. So there is an order for deportation. He never left the country.

04/19/16 PD - NOA1 (Potomac Service Center)

07/13/16 Transferred to National Benefits Center to "speed up" processing

08/06/16 Transferred to Local Field Office (Philadelphia) for Marriage Interview

10/04/16 - Congressional Inquiry

01/05/17 - Ombudsman says will receive Interview letter within 30 Days!

02/01/17 - Marriage Interview

02/02/17 - I-130 Approved!!!  :D

Boiler Grand Master

Boiler   45,756

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

I have seen it happen, need a very good lawyer.

Fact dependent.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Brazil2USA2016 Explorer

Brazil2USA2016   7

Posted
Filed: AOS (pnd) Country: Brazil
 Timeline
  • Author
Posted

Yes we do have a good lawyer, and a good reason for not appearing for court. Just wondering if any else had success in reopening the case and adjusting.

04/19/16 PD - NOA1 (Potomac Service Center)

07/13/16 Transferred to National Benefits Center to "speed up" processing

08/06/16 Transferred to Local Field Office (Philadelphia) for Marriage Interview

10/04/16 - Congressional Inquiry

01/05/17 - Ombudsman says will receive Interview letter within 30 Days!

02/01/17 - Marriage Interview

02/02/17 - I-130 Approved!!!  :D

Boiler Grand Master

Boiler   45,756

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

I have seen it happen, need a very good lawyer.

Fact dependent.

See above

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Ryan H Grand Master

Ryan H   3,818

Posted
Filed: Lift. Cond. (apr) Country: China
 Timeline
Posted

Moved from IR-1/CR-1 Process & Procedures to General Immigration-Related Discussion.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

Brazil2USA2016 Explorer

Brazil2USA2016   7

Posted
Filed: AOS (pnd) Country: Brazil
 Timeline
  • Author
Posted

Yes we have complications... my husband crossed the border illegally in 2005 when he was 18. He was told to go directly to immigration office to get his "papers". Yea that was his huge mistake. They gave him a court date and released him. He never showed up at court because he didn't understand what they were saying (in Spanish/English). He thought he was okay to go and so he traveled on to his final destination (Boston). 5 months later they deported "in absentia" (without him being present). He gave no final US address so he received no paperwork from them. He didn't find that out until last year when we tried to start the legal process. Our lawyer is going to fight to reopen the case and have it dismissed based on above, so we can move on to next step (applying for green card). IF the judge decides to keep the deportation order in place, then my husband could potentially get deported. We are taking a huge risk, but we have children together and cant risk him being picked up on the street for some silly reason.

04/19/16 PD - NOA1 (Potomac Service Center)

07/13/16 Transferred to National Benefits Center to "speed up" processing

08/06/16 Transferred to Local Field Office (Philadelphia) for Marriage Interview

10/04/16 - Congressional Inquiry

01/05/17 - Ombudsman says will receive Interview letter within 30 Days!

02/01/17 - Marriage Interview

02/02/17 - I-130 Approved!!!  :D

Boiler Grand Master

Boiler   45,756

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

He can not adjust in country, nothing to adjust from.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Brazil2USA2016 Explorer

Brazil2USA2016   7

Posted
Filed: AOS (pnd) Country: Brazil
 Timeline
  • Author
Posted

Are you saying he has no path to a green card, even if we are able to have the deportation order dismissed? I've read multiple times about this being possible.


My lawyer explained the following steps - reopen deportation order and have dismissed, get approved for I601A waiver, apply for visa.

04/19/16 PD - NOA1 (Potomac Service Center)

07/13/16 Transferred to National Benefits Center to "speed up" processing

08/06/16 Transferred to Local Field Office (Philadelphia) for Marriage Interview

10/04/16 - Congressional Inquiry

01/05/17 - Ombudsman says will receive Interview letter within 30 Days!

02/01/17 - Marriage Interview

02/02/17 - I-130 Approved!!!  :D

 
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