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MertUS

Questions about unlawful presence and 10 years bar

By MertUS in Waivers (I-601 and I-212) and Administrative Processes (221g)

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Orangesapples Proficient

Orangesapples   1,954

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14 hours ago, JeanneAdil said:

your wife did not help you AOS and had you arrested

and why was ICE waiting?  more  than likely she turned you in and herself was suspecting you used her for a green card (my opinion only but why else would ICE be waiting???)

 

I might be wrong but don't the police notify ICE when they have arrested someone not in legal status? 

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Lucky2Lucky
Lucky2Lucky

1. the time you spent after the 90 days you had unlawful (illegal) presence. Since you never applied to adjust status you had no connection to legal status (ex. Pending) **For those of you that say wh

Crazy Cat
Crazy Cat

Once your I-94 expired (90 days after arrival in the US), you were out of status and subject to deportation. It sounds like you have a 10 year ban for overstay of more than a year.  It matters no

JeanneAdil
JeanneAdil

men have a hard time saying they were wrong --about anything and if an American man goes to a foreign dating site to look for a partner,  who is targeting whom??

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geowrian Grand Master

geowrian   22,337

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Filed: Lift. Cond. (pnd) Country: Philippines
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Posted (edited)
5 minutes ago, Orangesapples said:

I might be wrong but don't the police notify ICE when they have arrested someone not in legal status? 

Policies on that would depend on what police level does it, and where they are located.

Non-federal LEOs in a sanctuary city or state would generally be prohibited from doing so.

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

 

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Diane and Chris Proficient

Diane and Chris   651

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Filed: Lift. Cond. (pnd) Country: Switzerland
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14 hours ago, MertUS said:

ICE was waiting because there is a criminal complaint by my wife for me. ICE can see that and when they realize i have an expired visa and i have a criminal complaint I was a perfect target for removal procedings. They saw my court date in the system and on my court date they arrested me. I heard in some states it is illegal For ICE to arrest people at the court. 

Guess that wasn’t true in your case. 

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SalishSea Grand Master

SalishSea   17,839

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Filed: Lift. Cond. (apr) Country: New Zealand
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16 hours ago, MertUS said:

There is no shopping for greencard. My marriage didn’t work and when we are separated i have another relationship and it’s real there is no fraud here. I don’t understand why did you think that.

Because you seem desperate to live in the US.  Strange you didn't just adjust after October 2018.

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SalishSea Grand Master

SalishSea   17,839

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Filed: Lift. Cond. (apr) Country: New Zealand
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10 hours ago, MertUS said:

And when we are trying to do that I was overstaying and I didn’t know that at that time. I thought if we are married in 90 days I’ll be good. 

US immigration requires research.  Next time educate yourself as much as possible.

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SalishSea Grand Master

SalishSea   17,839

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Filed: Lift. Cond. (apr) Country: New Zealand
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10 hours ago, MertUS said:

Overstay is not a criminal background you are wrong. 

How do people think overstaying a visa is no big deal?!  SMH.  

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JeanneAdil Grand Master

JeanneAdil   6,514

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Filed: Citizen (apr) Country: Morocco
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16 hours ago, MertUS said:

No there was no NTA all my court proceedings start after i detained.

From  Nolo law site

If you are detained, ICE is required by law to serve you with an NTA within 72 hours

 

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JeanneAdil Grand Master

JeanneAdil   6,514

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9 hours ago, Orangesapples said:

I might be wrong but don't the police notify ICE when they have arrested someone not in legal status? 

not if it is sanctuary city

some police are not up on immigration laws but if searching their computers ,  an NTA showed up, they would notify ICE / still that would have met someone else had turned him in and the NTA was already written 

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TBoneTX Grand Master

TBoneTX   45,324

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Filed: Citizen (apr) Country: Ecuador
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An inappropriate image has been removed.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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MertUS Apprentice

MertUS   2

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Filed: AOS (pnd) Country: Turks and Caicos Islands
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Posted (edited)
4 hours ago, JeanneAdil said:

From  Nolo law site

If you are detained, ICE is required by law to serve you with an NTA within 72 hours

 

This NTA you talking about notice for court appearance right ? If you are detained first court will be 2 weeks later. If you are detained why you need a nta ? You have no choice to not appear in court they are coming and take you to the video court. If you detained and then released then you will serve nta for court appearance.

Edited by MertUS
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Crazy Cat Grand Master

Crazy Cat   41,894

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Filed: Citizen (apr) Country: Taiwan
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2 minutes ago, MertUS said:

You have no choice to not appear in court they are coming and take you to the video court.

Did they take you to video court?

"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.. 
 

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MertUS Apprentice

MertUS   2

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Filed: AOS (pnd) Country: Turks and Caicos Islands
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1 minute ago, Lucky Cat said:

Did they take you to video court?

Yes correctional officers take me. I had 3 courts. First one was fist appearance and they read your charge and your rights. Second court was bail hearing which they denied me. Because prosecutor was crazy and changed the judge decision. Third court was for reconsider bail and they denied me again and same court I ask for VD and prosecutor has no objection and judge granted me.

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Crazy Cat Grand Master

Crazy Cat   41,894

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Filed: Citizen (apr) Country: Taiwan
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4 minutes ago, MertUS said:

Yes correctional officers take me. I had 3 courts. First one was fist appearance and they read your charge and your rights. Second court was bail hearing which they denied me. Because prosecutor was crazy and changed the judge decision. Third court was for reconsider bail and they denied me again and same court I ask for VD and prosecutor has no objection and judge granted me.

What was the charge?  Was this an immigration judge?

"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.. 
 

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MertUS Apprentice

MertUS   2

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Filed: AOS (pnd) Country: Turks and Caicos Islands
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7 minutes ago, Lucky Cat said:

Did they take you to video court?

I had a relief actually AOS self petition I could apply for that but the problem I had to wait in the jail until it was resolved and my lawyer said it’s gonna takes over one year! So it’s not easy to wait in jail for 1 more year and it wasn’t even certain they will accept. So that’s why I don’t want to apply. If they release me with bail. I could apply self petition AOS. I had all proof for bonafide marriage. House rent lease, sharing bank account with my wife and more.

1 minute ago, Lucky Cat said:

What was the charge?  Was this an immigration judge?

Charge was overstay visa and I didn’t apply AOS yes Immigration judge.

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