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EliofAstora

Termination of Conditional Resident Status

By EliofAstora in General Immigration-Related Discussion

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EliofAstora Rookie

EliofAstora   1

Posted
Country: Philippines
 Timeline
Posted

Hi there,

 

I have a question about this letter. Please refer to the info below:

 

  • I was a K-2 Visa Holder
  • I arrived in the United States on 2009 with my biological father and two siblings
  • My biological father left the United States and never returned, thus resulted me for an illegal stay for absence of Independent?
  • We decided to perform a Voluntary Leave to reduce damages
  • I departed to my home country on 2011

 

I received a letter entitled "Termination of Conditional Resident Status" on May 2013. 

 

Though, since that this has been two years after my departure... I still have the plane tickets and passport used during that time. 

I asked an embassy employee about this and they said "disregard and just apply for a visa". This wasn't convincing and my instict says I may 
have some issues regarding this when I apply for a new visa. 

 

I've read somewhere that there has to be a procedure / hearing for "Voluntary Departure". I was unaware and so I was unable to do that. 
Although I left the United States more than a year before they would have issued the letter.

 

Do I have to worry about this when I apply for a new visa?

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Hypnos Grand Master

Hypnos   6,576

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted

How old were you when you left?

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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Hypnos Grand Master

Hypnos   6,576

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted

Minors don't begin to incur overstay until they turn 18, so it shouldn't be an issue for you. 

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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geowrian Grand Master

geowrian   22,337

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

There's no issue with a ban due to overstay due to your age (as well as possibly your other circumstances...).

 

It sounds like you were granted a green card in 2010. You did not file for ROC as required, so they revoked LPR status. Since you left before that date, no unlawful presence occurred (not to mention leaving with AP or a green card would not trigger a ban anyway).

 

So you are free to apply for another visa without worrying about a ban. Whether or not you qualify for said visa depends on your circumstances.

 

22 minutes ago, EliofAstora said:

Am I eligible for SB-1 Visa?

I don't believe so...IIRC, you must be a current LPR who is & was unable to return to the US (i.e. due to abandoning residency as a result of being abroad too long). Based upon the letter you received, it sounds like your LPR status was already formally revoked. Furthermore, you need to be eligible for another immigrant visa, have proper sponsorship, and have shown that you were unable to return to the US (which seems like it applies while you were a child, but not if you are no longer a child and have not tried to assert LPR status since then).

 

If you want to look at the option more, here's the DOS page: https://travel.state.gov/content/travel/en/us-visas/immigrate/returning-resident.html

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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