Can I re-enter the US?

[Tristan1978 133]

1 minute ago, NikLR said:

I would try without the I-824 first.  Generally you only need that if the case has not been touched in a year or more.  

If your wife cannot talk to a tier 2 and  get the case moved over she can also make an infopass.  She should also get a refund from the lawyer for the  $1225 she wasted on the AOS that was filed AFTER you left. 

So do I need to get my wife or lawyer to call the USCIS to get the case moved over to the NVC?

[NikLR 13,232]

1 minute ago, Tristan1978 said:

So do I need to get my wife or lawyer to call the USCIS to get the case moved over to the NVC?

Yes.  Absolutely.  Tell them you left the USA and need to pursue consular processing.  

Once the file is at the NVC you'll be able to call them and continue.  

[Crazy Cat 42,562]

1 hour ago, Tristan1978 said:

My lawyer submitted all of the paperwork after I had to return back to the UK, it's only now that I have found out that he filed it as an AOS and not for consular processing, even though he has charged me for consular processing.

 

How is this my fault?

I'm not judging or assigning fault......I'm just stressing the fact that your case is much more complicated because you left before your AOS was even filed.  That could raise questions by the officers at the border as well as at your AOS interview.  You should prepare for that.  Hopefully, your attorney can help you get the process in order.  If you have to go the Consulate route, you will still face a few more months....Good Luck.

[NikLR 13,232]

Just now, missileman said:

I'm not judging or assigning fault......I'm just stressing the fact that your case is much more complicated because you left before your AOS was even filed.  That could raise questions by the officers at the border as well as at your AOS interview.  You should prepare for that.  Hopefully, your attorney can help you get the process in order.  If you have to go the Consulate route, you will still face a few more months....Good Luck.

Because the AOS was filed AFTER he left it was abandoned before it was started.  There is no point in following that line anymore.  The CR1 is the appropriate path.  The OP will arrive in the USA with a green card immediately no questioning other than my lawyer was a moron. 

[Crazy Cat 42,562]

2 minutes ago, NikLR said:

Because the AOS was filed AFTER he left it was abandoned before it was started.  There is no point in following that line anymore.  The CR1 is the appropriate path.  The OP will arrive in the USA with a green card immediately no questioning other than my lawyer was a moron. 

Agree.......then the status of AP is irrelevant, AOS is irrelevant, and now the OP can not enter the US before CR1 is issued.  

 

and I have no idea whay an attorney would file the AOS AFTER the client had left the US.........doesn't make any sense.

Edited October 30, 2017 by missileman

[Tristan1978 133]

15 minutes ago, NikLR said:

Yes.  Absolutely.  Tell them you left the USA and need to pursue consular processing.  

Once the file is at the NVC you'll be able to call them and continue.  

I would prefer it if my lawyer can do this as I dont want to worry my wife... is this ok?

[Californiansunset 336]

17 hours ago, SusieQQQ said:

Hmmmmm, I love these “I heard” things on the internet.

first, just because there is no stamp doesn’t mean no one checks anything. I have no stamps from any of my exits from the US, true, yet they are all listed properly on my I94 record.

 

second, and here’s the big problem with this method, if that there really is no record of when you leave the US driving to Mexico, how can you possibly prove that you left in time to avoid a ban? Let’s say you leave after 160 days overstay (no ban) but there’s no record. You enter the US again 2 years later. For all they know you left the US a week before that re-entry and now have a ban for such a long overstay. How do you prove you didn’t? The only way to do this is by finding and providing records of what you were trying to hide in the first place by driving via Mexico. In other words, I really don’t see the benefit of doing this. The only way it could possibly work is if you outright lie to an immigration official on your re-entry and claim you left before the ESTA period was up. I believe lying to an immigration official like that could get you a very long if not permanent ban? Am I missing something in the “driving to Mexico” logic?

 

16 hours ago, Meanis said:

I agree. I am great example of “i heard” haha.  

Please dont misunderstand me, i dont want people try that. Everyone should decide what to do themselves. I just stated what “i heard”.

and you ask good questions- how to prove you have left if there is no stamp/record. 

I do not know how exactly they check that after i only know they dont check people on the way out from US. 

Now i would like to know how they handle this

 

Yes, if you drive in a car over the border no exit-stamp is given. I know quite a few people who have actually done this procedure not for a visa overstay though (greencard holders who mainly live in Mexico instead of the US). It only works if you stay in Mexico though thus only works for Mexicans. However CBP is very well aware of this problem so if you decide to take an outbond flight afterwards to go to your homecountry (fly internationally) they can see through your passport or shared data or something when you left Mexico. Worst comes to worst they ask you to prove that you left the US on time with bank statements in your homecountry (or Mexico) or other bills or records proving that you were present in another country at the time and did not overstay your visa/ESTA. If you can't prove with records that you left on time, you won't be getting the benefit of the doubt. Very risky thing to rely on the no-border checking to Mexico. I would not advise to do so especially because it can be anticipated to become more strict. Also you might end up with a misrep later which is a lifetime ban instead of a simple overstay ban.    

Edited October 30, 2017 by Californiansunset

[Scandi 4,186]

3 hours ago, Tristan1978 said:

My lawyer submitted all of the paperwork after I had to return back to the UK, it's only now that I have found out that he filed it as an AOS and not for consular processing, even though he has charged me for consular processing.

 

How is this my fault?

You signed the papers, you should know what you signed.

[NikLR 13,232]

1 hour ago, Tristan1978 said:

I would prefer it if my lawyer can do this as I dont want to worry my wife... is this ok?

Well if you want to trust this person who filed wrongly and cost you more money that's your choice.  If I was your wife I would want to know what's going on with my husband's ability to immigrate.  But as the lawyer is legally on the case yes they can do it.  

1 minute ago, Scandi said:

You signed the papers, you should know what you signed.

Sounds like he didn't sign them. 

[TBoneTX 46,288]

A noncontributory post has been removed.

Please return, and stick, to the OP's topic.

[Dashinka 24,890]

12 minutes ago, She0710 said:

Hello all, my case is quite complicated and I have a lawyer but I want other opinions. So at the age of 12 in 2005 I moved to the US because my mother was about to get married. So she did and her husband filled for us (my mom, sister, and I). The process wasn’t so smooth. I got denied once in 2012 and my step father refilled for me. Also I qualified for DACA so I applied for that. I had DACA for 2 years and never renewed it as I was still in the country legally due to my pending i485. In 2015 my mom had an interview with immigration but at the time she was no longer with my step father ask she got denied. The weird thing is. We were still able to apply for a work permit under that i485. So come 2016 we have to go back home for humanitarian reasons so my mother my sister and I reapply for our work permits and travel Documents under our “pending” i485 since it’s free. My mother got denied her travel documents. My sister and I left the country anyhow (dumb move). A few weeks later I find out I was in removal proceeding a few months before I left the country and I missed a court date. However I was never served a letter so I had no idea. Due to that my work permit couldn’t be renewed hence a denial for my travel document. However my sisters travel document got approved and was able to return to the US. 

I met my husband now in college and he is filling for me to return. My i130 got approved and now I’m in the NVC stages of this entire process. My lawyer claims all he has to do is reopen my court case and get it terminated and plead for me not to get a ban. Since I was a minor when I moved to the US anyway. He isn’t saying much about me needing a waiver and I am praying I won’t need one. However I want to know if anyone here is familiar with a case like mine. 

You need to start this in a separate thread to get the best assistance.

[She0710 63]

1 minute ago, Bill & Katya said:

You need to start this in a separate thread to get the best assistance.

Yea I later noticed this thread was for that one specific question initially I thought it was an open thread sorry 

[Dashinka 24,890]

Just now, She0710 said:

Yea I later noticed this thread was for that one specific question initially I thought it was an open thread sorry 

No worries.

[Tristan1978 133]

1 hour ago, Scandi said:

You signed the papers, you should know what you signed.

When you pay a lawyer who is an immigration specialist a large sum of money to get the job done correctly, one would hope they get it done without error after all isn’t that what you’re paying for? 

[Crazy Cat 42,562]

7 minutes ago, Tristan1978 said:

When you pay a lawyer who is an immigration specialist a large sum of money to get the job done correctly, one would hope they get it done without error after all isn’t that what you’re paying for? 

I agree.  Our attorney delayed our case by several months due to incorrect information and not sending correct documents.....