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kkg325

ROE and deportation from Canada

By kkg325 in Removing Conditions on Residency General Discussion

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kkg325 Contributor

kkg325   6

Posted
Filed: Citizen (apr) Timeline
Posted

Hi everyone-

 

My conditional resident spouse is a citizen of an African country, but was living in Canada as a refugee when we got married. We are working on our RoC application now.

 

When she left Canada to move to the USA, she was supposed to submit a "verification of departure" form at the point of exit. She was unaware of this and subsequently received a deportation order from Canada (months after she had left the country!). She only found out about the deportation order when she went back to Canada to visit her sister and was not allowed entry. We have a pending Authorization to Return to Canada application, but we probably won't hear the outcome for another 3-6 months. The deportation was purely due to a technicality and poor advice from her government-appointed lawyer. She has a strong case, with documented evidence, so we are hoping that the application is successful.

 

In the meantime, for the RoC question that asks, "Have you ever been arrested, detained, charged, indicted, fined, or imprisoned for breaking or violating any law or ordinance (excluding traffic regulations), or committed any crime which you were not arrested in the United States or abroad?" we should answer "yes," right? She was technically arrested and detained (though only for a couple of hours) when she was denied entry.

 

Our current plan is to answer "Yes" and then provide the 4-page cover letter from the Authorization to Return to Canada application. It describes in great detail the timeline and reasoning for her deportation. I'm not planning to include all of the supporting evidence because I think that would be too much (it's more than 25 pages of documentation).

 

What do you guys think about answering yes vs no? How do you think this will affect her ROC application?

I-130 process (CR-1):

Spoiler

I-130 sent: October 27, 2014

NOA1: October 30, 2014 (Nebraska Service Center)

NOA2: March 31, 2015

DS-261 completed and AOS bill paid: April 27, 2015

AOS & IV packages sent: May 20, 2015

Checklist for IV fee: June 26, 2015

IV fee paid: July 27, 2015

DS-260 completed: August 10, 2015

Checklist for benificiary's proof of legal residence: September 11, 2015

Beneficiary's proof of legal residence sent: September 15, 2015

Case complete (3 N/A's & confirmation via phone): October 13, 2015

Case complete e-mail received: October 20, 2015

Interview scheduled (P4 received): October 23, 2015

Interview: December 1, 2015 (APPROVED!)

Visa in hand: December 10, 2015

 

I-751 process (Removal of Conditions):

I-751 sent: December 5, 2017 (Vermont Service Center)

NOA received: December 8, 2017 (GC extended until February 2019)

NOA received: August 6, 2018 (GC extended until August 2019)

Transferred to local field office: April 9, 2018

Interview (combo with N-400): August 6, 2019

New card is being produced: August 9, 2019

 

N-400 process (Naturalization):

N-400 filed: December 3, 2018 (filed online; Hartford, CT field office)

Biometrics letter received: December 12, 2018

Biometrics appointment: December 27, 2018 (walked in on December 17, 2018)

Interview: August 6, 2019 ("A decision cannot yet be made about your application")

In line for oath: August 9, 2019

Oath: September 17, 2019

 

So grateful for visajourney, but so happy to not need it anymore! Good luck to all.

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Boiler Grand Master

Boiler   45,525

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

General comment is always to tell the truth. Not as if they will not know.

 

How did she move to the US.?

“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.”

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nightingalejules Proficient

nightingalejules   678

Posted
Filed: Lift. Cond. (pnd) Country: Canada
 Timeline
Posted

Answer yes. You will have to explain what happened and produce documents to prove everything. I'd also include a copy of your petition to be readmitted to Canada, as part of your explanation and as evidence that you're doing your best to rectify the situation.

 

Is your timeline updated?


Oath Ceremony Dec 14th, 2018 I am finally a citizen and done with USCIS for good!

 

 

IR-1/CR-1 Visa:                            

Marriage: 2013-08-05                                   I-130 Sent: 2013-10-07                                                 I-130 NOA1: 2013-10-09                               

I-130 transferred to VSC: 2014-03-12        I-130 NOA2: 2014-03-24                                              NVC Received: 2014-04-07 

Case Number and IIN: 2014-05-05             Sent ENROLL email for EP: 2014-05-06                    Gave email addresses to NVC: 2014-05-08             

DS261 submitted: 2014-05-09                    AOS invoiced and paid: 2014-05-12                           DS261 re-submitted - GRRRR! 2014-05-21               

ENROLL conf. email: 2014-06-05               Submitted AOS documents:2014-06-08                    IV fee email received: 2014-06-23 

IV fee available and paid: 2014-06-24       DS260  submitted: 2014-06-26                                   Case Complete: 2014-07-31                                       

Interview: 2014-09-19 APPROVED!!!          Visa in Hand: 2014-09-24 (Loomis depot)                POE (Pac Hwy Crossing, BC) 2014-11-08 

SSN Card arrived (approx) 2014-11-26     Green Card arrived (approx) 2014-12-17 

Removal of Conditions - I-751:

I-751 Mailed (USPS) Aug 10, 2016             NOA: August 17, 2016 (received Aug 23)                  Biometrics Letter Sent: Sept 23, 2016

Biometrics Letter Rec'd: Sept 30, 2016     Walk-In Biometrics Oct 6, 2016                                    Infopass for I-551 stamp Aug 17, 2017   

Service Request: Dec 27, 2017                   SR Response: Jan 10, 2018 (no prediction)              Senator Inquiry: Jan 5, 2018

Senator Resp: Jan 8, 2018 (60 days)         Service Request 2: Mar 8 2018                                   Senator Inquiry 2: Mar 9 2018

SR 2 Response: Mar 12 (security checks) Senator Response 2: Mar 13, 2018                            Approval (via phone!): Mar 14, 2018

New Green Card Arrived: Mar 22, 2018

Naturalization - N-400: 

Submitted N-400 Online: Feb 4, 2018       Denied for Payment Failure: Feb 8, 2018                     Resubmitted N-400 Online Feb 8, 2018

NOA: Feb 8, 2018                                          Biometrics: Feb 26, 2018                                                Interview: Nov 2,2018 (approved)

Oath: Dec 14, 2018

 

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kkg325 Contributor

kkg325   6

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

She moved to the US after we got married and filed CR-1 petition. That’s why we’re removing conditions now. 

 

Thanks for yor replies!

Edited by kkg325

I-130 process (CR-1):

Spoiler

I-130 sent: October 27, 2014

NOA1: October 30, 2014 (Nebraska Service Center)

NOA2: March 31, 2015

DS-261 completed and AOS bill paid: April 27, 2015

AOS & IV packages sent: May 20, 2015

Checklist for IV fee: June 26, 2015

IV fee paid: July 27, 2015

DS-260 completed: August 10, 2015

Checklist for benificiary's proof of legal residence: September 11, 2015

Beneficiary's proof of legal residence sent: September 15, 2015

Case complete (3 N/A's & confirmation via phone): October 13, 2015

Case complete e-mail received: October 20, 2015

Interview scheduled (P4 received): October 23, 2015

Interview: December 1, 2015 (APPROVED!)

Visa in hand: December 10, 2015

 

I-751 process (Removal of Conditions):

I-751 sent: December 5, 2017 (Vermont Service Center)

NOA received: December 8, 2017 (GC extended until February 2019)

NOA received: August 6, 2018 (GC extended until August 2019)

Transferred to local field office: April 9, 2018

Interview (combo with N-400): August 6, 2019

New card is being produced: August 9, 2019

 

N-400 process (Naturalization):

N-400 filed: December 3, 2018 (filed online; Hartford, CT field office)

Biometrics letter received: December 12, 2018

Biometrics appointment: December 27, 2018 (walked in on December 17, 2018)

Interview: August 6, 2019 ("A decision cannot yet be made about your application")

In line for oath: August 9, 2019

Oath: September 17, 2019

 

So grateful for visajourney, but so happy to not need it anymore! Good luck to all.

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Boiler Grand Master

Boiler   45,525

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

Sounds like a non issue.

“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.”

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