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MichaelMiguel

ESTA Expiration / ICE Removal Proceedings / I-94 doubts, doubts and more doubts.

By MichaelMiguel in Adjustment of Status from Work, Student, & Tourist Visas

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MichaelMiguel Rookie

MichaelMiguel   7

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5 hours ago, randomstairs said:

If you plan to adjust (file for AoS) then don't leave the country with just a simple overstay (i.e. you entered the US legally and have never received an order to leave the US). You'd need to file ASAP though and there are no guarantees. You're still a subject to deportation and, as others have said, ICE is being quite busy nowadays. 

Right. I entered via flight legally, but overstayed after marrying.

Guess at the situation we are at now I just need to file and hope it all comes out good.

MichaelMiguel Rookie

MichaelMiguel   7

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8 hours ago, hm139 said:

I am not an attorney nor an expert. Hopefully someone here can correct me.

But my understanding is that if you have an overstay, you should not leave the country. If you have an overstay and you leave, this will automatically lead to a ban, which you will then have to appeal via a waiver process that will delay the entire process. From reading many other posts here on VJ, it seems it is much easier to adjust status even with an overstay as long as you do not leave the US.

Yes, staying in the country is pretty much what people are advising me to do, adjust while I stay here.

 

Thanks!

sparkles_ Proficient

sparkles_   456

Posted
Filed: AOS (apr) Country: Morocco
 Timeline
Posted
8 minutes ago, MichaelMiguel said:

Thank you, I can find out more about my situation then.

 

Also, I was checking your signature. Did you volunteer the ICE contact or did they? I had never heard of doing it like that.

No, that was initiated by ICE. We just co operated. Never EVER contact them on your own, just stay a ghost and file your AOS as soon as possible!! 

**Adjusting from initial Q1/changed to B1 then overstay, termination of removal proceedings**

(STAND ALONE i-130/TERMINATION OF REMOVAL)

First met: Totally random by asking for directions, June 2014 while on vacation at Disney World (L)

Engaged: Aug. 21, 2014

Married: Dec. 1, 2014

ICE phone contact: sometime in early Dec. 2014- Co-operated, retained attorney who advised the same.

Filed stand alone i-130: January 2015 (VSC)

ICE home visit, schedule time to go to DHS office and NTA issued, date TBD, was not detained and released on own recognizance within an hour: January, 2015.

NOA1: Feb. 20, 2015.

Transfer to CSC to balance workloads: August 2015

1)First Master Calendar Hearing: Sept. 9, 2015-Continued based on pending i-130, new court date in 6mo.

Congressional Inquiry: Dec 8. 2015

***i-130 APPROVED WITHOUT INTERVIEW: Dec. 21, 2015** :dancing:

2)Second Master Hearing: March 9, 2016- Removal proceedings terminated w/o prejudice based on approved i-130!! Remanded to USCIS to begin AOS process :dance:

(AOS AFTER TERMINATION)

Filed AOS packet: March 16, 2016.

NOA1: March 21, 2016.

Biometrics: April 20, 2016.

RFE Initial evidence: April 21, 2016 for birth cert/translation and Q1/B1 i94s

RFE response received: May 10, 2016.

EAD approval: May 25, 2016- Card arrived at attorney's office! Could not pick up until May 30 because we were at Disney World again :):D

Notice of missing medical exam: July 2016 (Done on purpose to avoid expiration, we will bring it to the interview as stated in notice)

Inquiry about case status: Sept 2016- Case pending interview at local office.

Inquiry about case status again: Oct. 2016- Due to factors not related to your case, anticipate a delay in processing

HAPPY 2YR ANNIVERSARY TO US!!

Infopass #1 at local office: Dec. 19, 2016- Case pending background/security checks, advised when to renew EAD #2

Waiting on interview at local office...... :clock:

Sent EAD renewal: Feb 10, 2016

EAD#2 NOA1: March 3, 2016

INTERVIEW SCHEDULED!!: interview on March 27, 2017

Text notification, new card being produced: March 29, 2017!!!

*~*~*~*818 DAYS TOTAL*~*~*~

"A smooth sea never made a skilled sailor."

 
MichaelMiguel Rookie

MichaelMiguel   7

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2 minutes ago, sparkles_ said:

No, that was initiated by ICE. We just co operated. Never EVER contact them on your own, just stay a ghost and file your AOS as soon as possible!! 

How did they contact you, if I may ask? Did they knew where to find you or called you? Did they have your phone # or your spouses? Was it an unlisted #? My wife has been getting no caller IDs but most of the time we ignore it cause it's marketing or spam.

sparkles_ Proficient

sparkles_   456

Posted
Filed: AOS (apr) Country: Morocco
 Timeline
Posted
3 minutes ago, MichaelMiguel said:

How did they contact you, if I may ask? Did they knew where to find you or called you? Did they have your phone # or your spouses? Was it an unlisted #? My wife has been getting no caller IDs but most of the time we ignore it cause it's marketing or spam.

No we got a letter in the mail saying contact this person about your immigration status. Don't worry, they didn't just call us first. You would get a letter. 

**Adjusting from initial Q1/changed to B1 then overstay, termination of removal proceedings**

(STAND ALONE i-130/TERMINATION OF REMOVAL)

First met: Totally random by asking for directions, June 2014 while on vacation at Disney World (L)

Engaged: Aug. 21, 2014

Married: Dec. 1, 2014

ICE phone contact: sometime in early Dec. 2014- Co-operated, retained attorney who advised the same.

Filed stand alone i-130: January 2015 (VSC)

ICE home visit, schedule time to go to DHS office and NTA issued, date TBD, was not detained and released on own recognizance within an hour: January, 2015.

NOA1: Feb. 20, 2015.

Transfer to CSC to balance workloads: August 2015

1)First Master Calendar Hearing: Sept. 9, 2015-Continued based on pending i-130, new court date in 6mo.

Congressional Inquiry: Dec 8. 2015

***i-130 APPROVED WITHOUT INTERVIEW: Dec. 21, 2015** :dancing:

2)Second Master Hearing: March 9, 2016- Removal proceedings terminated w/o prejudice based on approved i-130!! Remanded to USCIS to begin AOS process :dance:

(AOS AFTER TERMINATION)

Filed AOS packet: March 16, 2016.

NOA1: March 21, 2016.

Biometrics: April 20, 2016.

RFE Initial evidence: April 21, 2016 for birth cert/translation and Q1/B1 i94s

RFE response received: May 10, 2016.

EAD approval: May 25, 2016- Card arrived at attorney's office! Could not pick up until May 30 because we were at Disney World again :):D

Notice of missing medical exam: July 2016 (Done on purpose to avoid expiration, we will bring it to the interview as stated in notice)

Inquiry about case status: Sept 2016- Case pending interview at local office.

Inquiry about case status again: Oct. 2016- Due to factors not related to your case, anticipate a delay in processing

HAPPY 2YR ANNIVERSARY TO US!!

Infopass #1 at local office: Dec. 19, 2016- Case pending background/security checks, advised when to renew EAD #2

Waiting on interview at local office...... :clock:

Sent EAD renewal: Feb 10, 2016

EAD#2 NOA1: March 3, 2016

INTERVIEW SCHEDULED!!: interview on March 27, 2017

Text notification, new card being produced: March 29, 2017!!!

*~*~*~*818 DAYS TOTAL*~*~*~

"A smooth sea never made a skilled sailor."

 
geowrian Grand Master

geowrian   22,338

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted
19 hours ago, MichaelMiguel said:

I entered via VWP last year and got married not long after. I have been here for a year roughly and have yet to apply for AoS for several reasons, mostly financial. My 90 days expired almost a year ago.

I am planning to file for AoS as soon as possible, planing on next month (the ESTA that allows me to re-enter the US expires around the 10th of may if I'm not mistaken, hence why I was curious to know if it was pressing to file before that).

You are permitted to file for AOS as the spouse of a USC (concurrently with an I-130). Since you stayed past your I-94 (90 days for ESTA) then you are now unlawfully present. The overstay is not a bar to AOS in your case. Intent was determined at POE.

Until you actually file for AOS, you will remain unlawfully present in the US and subject to removal. It's unlikely ICE will take any action on its own, but far from impossible.

Any unlawful presence at all excludes you from obtaining/using an ESTA in the future (i.e. if you don't get a green card, or ever abandon permanent residency).

 

There's no evidence that checking your I-94 online has anything to do with removal proceedings or who they will pursue for removal proceedings. I guess it's not impossible, but there's nothing to suggest this is the case.

 

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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