AoS & Removal Proceedings Question

[KurtDarryl23 14]

Hi just out of curiosity how long does it take before the government would put you into removal proceedings. I understand that if you apply for AoS after the 90 days on an ESTA that if your a spouse ect the overstay is forgiven and the case is adjudicated if no formal removal proceedings have been put against you before the adjudication. It looks as though just having a NOA1 doesn't protect you from ICE starting removal proceedings against you.

 

It looks like USCIS can only adjudicate the case if its completed before any removal proceedings have started.

 

Does it take some time/years before action is taken against someone allowing them enough time to AoS on a tourist visa or no? Has anyone heard anything/experianced anything?

 

Sorry I did try looking for this kind of topic and couldn't find it.

[Allaboutwaiting 2,503]

There are many cases around the forum: people who overstayed YEARS, decided to adjust and were approved.

 

There are also cases where removal proceedings started a few days after failing to file before deadline -specifically one from 2018 I think, where the applicant, who missed filing for ROC if I remember correctly, had to appear before an immigration judge-.

 

Regarding NOA, it does grant you authorized stay while in queue for adjudication.

[wagecuck3 31]

It's impossible to know when you'll get placed in removal proceedings. With ESTA/VWP, an additional issue is that, if you apply for adjustment after your status has expired, then ICE can still place you in removal proceedings while the adjustment is pending! If this happens, then you are screwed, because a VWP entrant who is subject to removal cannot contest said removal on any grounds other than asylum. See http://myattorneyusa.com/when-is-a-visa-waiver-program-entrant-eligible-for-adjustment-of-status

 

Don't let this happen to you. File the I-485 before your VWP admission period expires.

[KurtDarryl23 14]

55 minutes ago, wagecuck3 said:

It's impossible to know when you'll get placed in removal proceedings. With ESTA/VWP, an additional issue is that, if you apply for adjustment after your status has expired, then ICE can still place you in removal proceedings while the adjustment is pending! If this happens, then you are screwed, because a VWP entrant who is subject to removal cannot contest said removal on any grounds other than asylum. See http://myattorneyusa.com/when-is-a-visa-waiver-program-entrant-eligible-for-adjustment-of-status

 

Don't let this happen to you. File the I-485 before your VWP admission period expires.

Thank you. How would it work if you were in a state of satisfactory departure after the 90 days? 

[wagecuck3 31]

16 hours ago, KurtDarryl23 said:

Thank you. How would it work if you were in a state of satisfactory departure after the 90 days? 

I don't know. Sorry, I'm not a lawyer and I'm not familiar with all applicable case law.