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Posted (edited)

i have been a long time  lurker and finally have the time share my story of the horrors immigration journey. 😊

 

Back story: 

My wife and i were both Philippine citizens when we moved to USA. I came over in 1999 and my wife followed in 2001 both through an H1B Visa. She's is a Physical Therapist and i'm an RN working in medical fields. We resided in Louisville, Kentucky for several years prior moving to California. 

The trouble started when she applied for a  renewal of her EAD when her agency made a big mistake of re applying that it resulted to a 3 month gap resulted for her being out of status. However she was still issued with an EAD every year and still able to continue to work in a skilled nursing facility. Until 2006 that we received a deportation order to appear with an immigration judge in San Francisco.  We hired an attorney to represent us and plead if she could stay since we pretty rooted in Stockton and by  that time we already have a son. Unfortunately i was not a US citizen yet and the immigration  judge pretty much throw us under the bus. Both obeyed the law  and paid outrageous amount of tax money but apparently. We plead again for years until final deportation order came in 2009. And by that my wife was pregnant again  with our second child. So crux was go back to the Philippines 8 months pregnant or stay till she gave birth and face the consequence later. So we decided for her to stay so she can avail my health insurance and will gave her some serious emotional support. My wife gave birth to a very healthy baby and unfortunately we ignore the final deportation date.

After spending thousands of dollars for lawyers fees, we foreclosed our house coz my wife had to stop working since she can no longer gain employment for being out of status. We settled in a nice apartment complex while to children and dreaded for the days to come. 

In 2011 that my wife heard a knock on the door and there were several ICE agents outside. My wife let them in and instead of taking her to a holding  facility and hand cuffed her . For better judgement because of our 2 young children they gave her a date to appear in ICE Fresno office. The ICE agents even gave her a suggestion to apply for***profanity removed*** EXECUTIVE PRIVILEGE  so she can stay. After 4 weeks we went to FRESNO ICE office and they put her in locked cell for 6 hours. My boys and i where in the car waiting with several scenarios playing in my head but they let her go with slip that she needs get out of the country in 4 months. 

 

Edit: to be continued /lunch break

Edited by Ban Hammer
edited to remove profanity
Filed: AOS (apr) Country: Philippines
Timeline
Posted (edited)

Coming from liberal California? What... and during the Obama admin? No way! Lies lies lies!! Fake news!...

 

But on a serious note, yea there's a few question marks in the story so far so please elaborate more. But ultimately, ignoring original orders was biggest mistake. And poor actions and choices have consequences.

Edited by Ben&Zian

08/15/2014 : Met Online

06/30/2016 : I-129F Packet Sent

11/08/2016 : Interview - APPROVED!

11/23/2016 : POE - Dallas, Texas

From sending of I-129F petiton to POE - 146 days.

 

02/03/2017 - Married 

02/24/2017 - AOS packet sent

06/01/2017 - EAD/AP Combo Card Received in mail

12/06/2017 - I-485 Approved

12/14/2017 - Green Card Received in mail - No Interview

 

   

brickleberry GIF they see me rolling college football GIF by ESPN  

Posted
8 minutes ago, Roel said:

1. If she had h1b Visa, why did she need EAD? What was the "big" mistake? 

2. You absolutely made situation worse by pretty much ignoring the whole thing. Who does that? 

3. Did you get a green card through your employer? Was your wife ever offered a green card?  Was she in some process? 

4. H1b Visa only allowes a person a max of 6 years of stay - if your wife was never offered a green card, she would need to leave anyway? 

 

Sorry if this sound harsh but looks like you're in all those troubles mostly by your own negligence. 

I had exactly the same questions about the whole story, but since I am not that familiar with H1b visas, I was afraid to ask... Glad you did!

Posted (edited)

I'm awaiting to hear the rest of the experience. Please update the story when you are back.

 

Overall it sounds like a pretty good run of well over a decade without legal status, multiple ICE encounters, court rulings, etc. It's not cheap or a good experience, but she got to stay far longer than she was authorized, with only minimal detainment (thus far).

For comparison, somebody in May overstayed by a couple weeks, got caught, and spent several weeks in jail as a result. Sounds like she got a pretty good deal.

 

I don't wish the separation or horrible experiences on anyway. At the same time, that is the consequence when one repeatedly digs a deeper hole and kick the can further down the line.  There were many opportunities to start setting things in motion to actually fix the issues, and because of the hardships of doing so, chose to do otherwise and then resulted in greater hardships and less pleasant experiences.

Edited by geowrian

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

 

Filed: Citizen (apr) Country: Canada
Timeline
Posted (edited)
3 minutes ago, Ben&Zian said:

 

That's some will power to bite the tongue haha

I was ready to get all into this, but figured it's probably better to wait a bit and see what else gets revealed first.

It does have the faint smell of entitlement already, though, in part #1.

Edited by Going through

Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

July 25, 2017 (Day 11) - Biometrics PDF posted online

July 28, 2017 (Day 14) - Biometrics letter received in the mail, appointment for 08/08/17

Aug 08, 2017 (Day 24) - Biometrics (fingerprinting) completed

Aug 14, 2017 (Day 30) - Online EGOV status shows "Interview Scheduled, will mail appointment letter"

Aug 16, 2017 (Day 32) - Online MYUSCIS status shows "Interview Scheduled, read the letter we mailed you..."

Aug 17, 2017 (Day 33) - Interview Appointment Letter PDF posted online---GOT AN INTERVIEW DATE!!!

Aug 21, 2017 (Day 37) - Interview Appointment Letter received in the mail, appointment for 09/27/17

Sep. 27, 2017 (Day 74) - Naturalization Interview--- read my experience here

Sep. 27, 2017 (Day 74) - Online MYUSCIS status shows "Oath Ceremony Notice mailed"

Sep. 28, 2017 (Day 75) - Oath Ceremony Letter PDF posted online--Ceremony for 10/19/17

Oct. 02, 2017 (Day 79) -  Oath Ceremony Letter received in the mail

Oct. 19, 2017 (Day 96) -  Oath Ceremony-- read my experience here

 

 

 

Filed: Citizen (apr) Country: Taiwan
Timeline
Posted

OP is back.....now, back to the story......

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Filed: Citizen (pnd) Country: Morocco
Timeline
Posted
1 hour ago, Ben&Zian said:

Coming from liberal California? What... and during the Obama admin? No way! Lies lies lies!! Fake news!...

 

But on a serious note, yea there's a few question marks in the story so far so please elaborate more. But ultimately, ignoring original orders was biggest mistake. And poor actions and choices have consequences.

Actually way i google it Obama deported more than Trump

 

Under the Obama administration, ICE deported more than 385,000 each year in fiscal years 2009 through 2011, and hit a high of 409,849 in fiscal 2012 — prompting critics to dub Trump’s predecessor “the deporter in chief.” The numbers then dropped to below 250,000 in fiscal years 2015 and 2016.

Filed: AOS (apr) Country: Philippines
Timeline
Posted
1 minute ago, adil-rafa said:

Actually way i google it Obama deported more than Trump

 

Under the Obama administration, ICE deported more than 385,000 each year in fiscal years 2009 through 2011, and hit a high of 409,849 in fiscal 2012 — prompting critics to dub Trump’s predecessor “the deporter in chief.” The numbers then dropped to below 250,000 in fiscal years 2015 and 2016.

 

Haha I know was being way overly sarcastic just to show how insane some people react these days to Trump and his immigration stance and all. But looking forward to this new "huge" push for quick deportations coming up... but anyways, won't get political with this post... just waiting patiently for the OP...:clock:

08/15/2014 : Met Online

06/30/2016 : I-129F Packet Sent

11/08/2016 : Interview - APPROVED!

11/23/2016 : POE - Dallas, Texas

From sending of I-129F petiton to POE - 146 days.

 

02/03/2017 - Married 

02/24/2017 - AOS packet sent

06/01/2017 - EAD/AP Combo Card Received in mail

12/06/2017 - I-485 Approved

12/14/2017 - Green Card Received in mail - No Interview

 

   

brickleberry GIF they see me rolling college football GIF by ESPN  

Posted

OP has been back online, but maybe he did not like the lack of sympathy expressed in this thread... I am afraid we will never hear part 2 or answers to the questions asked. 

Filed: Citizen (apr) Country: Canada
Timeline
Posted
30 minutes ago, MariekeH said:

OP has been back online, but maybe he did not like the lack of sympathy expressed in this thread... I am afraid we will never hear part 2 or answers to the questions asked. 

Hard to express a lot of sympathy without a lot of info.  Enough to entice and draw in, not enough to actually get proper advice.

 

We don't even know, at this point, whether this is still ongoing or "finished" since it's an apparent story starting from years ago and OP never bothered to drop Part Deaux yet.

 

Sigh.  Hate these hit and run threads.

Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

July 25, 2017 (Day 11) - Biometrics PDF posted online

July 28, 2017 (Day 14) - Biometrics letter received in the mail, appointment for 08/08/17

Aug 08, 2017 (Day 24) - Biometrics (fingerprinting) completed

Aug 14, 2017 (Day 30) - Online EGOV status shows "Interview Scheduled, will mail appointment letter"

Aug 16, 2017 (Day 32) - Online MYUSCIS status shows "Interview Scheduled, read the letter we mailed you..."

Aug 17, 2017 (Day 33) - Interview Appointment Letter PDF posted online---GOT AN INTERVIEW DATE!!!

Aug 21, 2017 (Day 37) - Interview Appointment Letter received in the mail, appointment for 09/27/17

Sep. 27, 2017 (Day 74) - Naturalization Interview--- read my experience here

Sep. 27, 2017 (Day 74) - Online MYUSCIS status shows "Oath Ceremony Notice mailed"

Sep. 28, 2017 (Day 75) - Oath Ceremony Letter PDF posted online--Ceremony for 10/19/17

Oct. 02, 2017 (Day 79) -  Oath Ceremony Letter received in the mail

Oct. 19, 2017 (Day 96) -  Oath Ceremony-- read my experience here

 

 

 

Filed: IR-5 Country: England
Timeline
Posted

It does sting, when you have done everything by the book, encountered your own delays which weren't precipitated by your own foolishness and sense of entitlement, to see someone take such a cavalier attitude towards respecting our more-than-fair immigration laws. Before I became a citizen, I made sure to follow the letter of each law, whether civil or criminal, to a 'T.' I suppose some people assume laws just don't apply to them because they are so very special.

 

I too await the next installment in this assuredly sympathetic tale of woe.

 

-

“He’s in there fighting,” the president said. “Boris knows how to win.”

Filed: IR-1/CR-1 Visa Country: India
Timeline
Posted
3 hours ago, Roel said:

1. If she had h1b Visa, why did she need EAD? What was the "big" mistake? 

2. You absolutely made situation worse by pretty much ignoring the whole thing. Who does that? 

3. Did you get a green card through your employer? Was your wife ever offered a green card?  Was she in some process? 

4. H1b Visa only allowes a person a max of 6 years of stay - if your wife was never offered a green card, she would need to leave anyway? 

 

Sorry if this sound harsh but looks like you're in all those troubles mostly by your own negligence. 

You can continue staying in H1B if you have a approved 1-140 through the employer

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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