i551 stamp denied

[dan-but 1]

it was asked in random way during AOS interview

once approved i never gave it any attention 

until brought back today

 

Sleepless nights here we come....

 

[Californiansunset 336]

4 minutes ago, dan-but said:

it was asked in random way during AOS interview

once approved i never gave it any attention 

until brought back today

 

Sleepless nights here we come....

 

I may have too much faith in USCIS but I personally think since they have figured your records out the last time and approved your Greencard they should be able to come to the same conclusion now again... definitely be pro-active though just in case!

[Boiler 46,125]

Two A numbers happens, should not.

 

Big question is do both relate to you or has your second one been confused with somebody else. With such a complicated history would not like to guess which applies.

[CEE53147 559]

Consult an attorney IMMEDIATELY.  While you try to figure out what went wrong, a professional is likely necessary to fix it properly.

[Binna 108]

From the time line you provided, it looks like you have been married for over 2 yrs when you got AOS approved. My understanding is that one gets a permanent resident status (10 years GC) if ones marriage is >= 2 yrs at the time your AOS is approved. Perhaps it is different for AOS applicants. Is your case different?

[javadown2 308]

3 hours ago, dan-but said:

hey going through

yeah the only concern that i read is that 

they could basicly call you in for an info pass were agents are ready to detain you and fulfil this deportation

i wonder how could i possibly have a second A# number 

 

i went on a b-2 visa had h2b and j1 in the past as well

all extended through 2005-2009

while latest entry did resulted in overstay which could be the reason

other then that i am very much clueless

.....sounds like you finally gave up the answer

[praizee 10]

It  might be because you overstayed. However, we do not know all the facts of your case. If i were you i'd hire a competent lawyer ASAP and not try to leave the country until this has been resolved

[randomstairs 309]

If you had an EAD before filing for AOS, USCIS will assign a new A number to your permanent residency case. According to a bunch of AVVO attorneys this is common or even always the case. Only the AOS A number is the "real" one and any previous one is temporary and it usually starts with 1.  (e.g. https://www.avvo.com/legal-answers/different-alien-numbers-on-opt-ead-and-i-797c-noti-1821972.html) 

 

Your case may be "unique" because you have already had an EAD (?) before filing a family based AOS. See, if you go from work based visas (and EADs) to file for EB AOS, your overstay is never forgiven. This might have been the source of error. 

 

What could have happened is that the deportation order was issued before you filed for AOS and somehow overlooked or ignored by USCIS once you filed. 

Edited April 25, 2018 by randomstairs

[Danbutr 0]

If that is the case shoukdent they have not adjusted me before clearing this issue ?

 

 

[randomstairs 309]

11 minutes ago, Danbutr said:

If that is the case shoukdent they have not adjusted me before clearing this issue ?

 

 

They might have adjusted you but failed to put an end to the deportation order. So the order could've been issued on your temporary EAD A number (does it start with 1?) and your file with the AOS A number would appear clean (because you're FB and overstay is "forgiven"). 

[Danbutr 0]

So theortaicly uscis either need tonget an answer on i751 and ifnthey denys it i am automaticly in deportation without even an nta ?

[randomstairs 309]

22 minutes ago, Danbutr said:

So theortaicly uscis either need tonget an answer on i751 and ifnthey denys it i am automaticly in deportation without even an nta ?

Didn't the IO at your AOS interview mention the deportation order? Nothing has changed. Before you do anything else, check your old (pre-AOS) EAD A# (if you indeed have one). That's the A# toward which the deportation order had been assigned some time before your AOS filing (or the interview). Verify that it starts with "1". Once you've confirmed the above, call USCIS (second level), give them that A# and the new one (the AOS A#) and see what they say. 

Edited April 25, 2018 by randomstairs

[mindthegap 2,605]

3 hours ago, Danbutr said:

So theortaicly uscis either need tonget an answer on i751 and ifnthey denys it i am automaticly in deportation without even an nta ?

 

That is not how an I-751 denial works (take it from someone who has received one).

 

Your I-751 is really a separate issue to your already issued final order of removal, which can - and has - been approved by a judge without you attending court. Plenty of people never respond to an NTA, either from moving address, being under the radar or just plain ignoring it.

 

Erroneous or not, you need to find out where when and why that happened as a matter of urgency.

Edited April 25, 2018 by mindthegap

[kzielu 1,149]

17 hours ago, dan-but said:

knowing overstay is forgiven once married i did not see a reason to mention it

i never had left the usa since 2009

 

What do you mean you didn't see a reason to mention it ? Did you disclose it on petition ? Did you say you never ovestayed when asked ?

 

[dan-but 1]

3 hours ago, kzielu said:

What do you mean you didn't see a reason to mention it ? Did you disclose it on petition ? Did you say you never ovestayed when asked ?

 

I did not say i never over stayed.
i did mention this in the interview as my ex and i met at work. 
i also disclosed where i worked while being here and showed i payed my taxes 
I understand Im in ducked out situation and it looks fishy
But im confused and honestly,scared as hell 
Again,no criminal recored,never been served or even know whats it about .
Ive talked with my lawyer how was shocked as i was  knowing he checked my A# in the past and it was clean,he tried to calm me down and said we should wait for the call...

Thats all i have