USCIS agent Verbally Denied my AOS at Interview

[African Zealot 1,455]

This is a self inflicted wound from lack of properly researching or reading the forms. Anyone who had been on VJ for a week should be able to tell you that at first glance.

 

Too bad, get a lawyer and pay them some good money and refill with consular processing. You’re red meat for ICE now however fortunately under Biden you are no longer considered a priority for removal.

[HRQX 4,145]

24 minutes ago, aaron2020 said:

At this point, you will probably be referred to deportation.

And as a VWP overstayer the deportation process could occur quickly: https://hackinglawpractice.com/blog/visa-waiver-program-beyond-your-90-days/ "Unfortunately, when Immigration & Customs Enforcement (ICE) becomes aware of someone overstaying their 90 day allotment, things move very fast. One of the trade-offs that an individual makes when they enter on the VW program is that they waive their right to contest any action for removal unless it’s to apply for asylum. Thus, you have no hearing in front of a judge. Instead, you are usually taken into custody and the ICE can permit you to purchase your own plane ticket back to your home country or you are kept in custody and they buy your flight for you. Either way, it’s an unhappy return for most folks."

[Coco8 1,042]

2 hours ago, Henrison said:

Thank you for your Help on the fast Replies... as i'm talking with my Wife Right now she's taking the decision to apply for citizenship even with her broken English... so if she becomes a US citizen Within 8 months "hopefully " can i become a Green Card Holder without leaving the Country ?

 

The English test consists of basically reading a few lines and writing 4 words. Something very basic. She also has to answer a few questions from the citizenship tests.

 

How long has she been in the US? 

 

 

Edited February 11, 2021 by Coco8

[Crazy Cat 41,881]

The OP is in a very precarious situation now.  Immigration now has a great deal of information about him (living and working locations).  Now, he can't legally work, can't challenge the USCIS denial, and can't challenge any subsequent removal actions.    Immigration requires a great deal of knowledge, planning, time, patience, and money.  A failure in any of those areas can spell heartache.  

Edited February 11, 2021 by Lucky Cat

[Dashinka 24,505]

11 minutes ago, Lucky Cat said:

The OP is in a very precarious situation now.  Immigration now has a great deal of information about him (living and working locations).  Now, he can't legally work, can't challenge the USCIS denial, and can't challenge any subsequent removal actions.    Immigration requires a great deal of knowledge, planning time, patience, and money.  A failure in any of those areas can spell heartache.  

I completely agree, this will not be an easy fix for the OP even if the spouse is naturalized in a relatively short period of time.  A lot of time and money wasted and more to come.

[Crazy Cat 41,881]

8 hours ago, Henrison said:

The sadness Part is that I did consult my case/situation with an institution and 2 different lawyers too and all said it was OK to proceed for adjustment of status.

They, all, assumed your wife is a US citizen.  That is the only possibility I can imagine.

[TheKingmaker 153]

Can confirm NC Citizenship is very fast.

[Mollie09 1,543]

7 hours ago, Coco8 said:

 

The English test consists of basically reading a few lines and writing 4 words. Something very basic. She also has to answer a few questions from the citizenship tests.

 

How long has she been in the US? 

 

 

That's the "official" English test. The "unofficial" is the rest of the interview. By the time I got to my English test, the interviewer was making fun of the fact that I had to complete it at all ("I don't think this is necessary, but here we go")

[Scandi 4,166]

11 hours ago, Henrison said:

I Don't Understand if i didn't qualify Why USCIS didn't Rejected my Application long time Before?

It happens every now and then. If you search this forum you will even see cases (though rare) where the applicant wasn't eligible to get a greencard but was yet approved somehow, then years later filed for citizenship where USCIS finally realized the applicant had gotten their first greencard in error. Not only would their citizenship application be denied at that point, they would also lose their lawful permanent resident status. 

 

Point is, if the applicant himself doesn't read up and do his research, errors like this can very well happen. This is on you.

[Marieke H 2,509]

10 hours ago, Henrison said:

The sadness Part is that I did consult my case/situation with an institution and 2 different lawyers too and all said it was OK to proceed for adjustment of status.

Those free or cheap consultations often aren't enough to get to the bottom of things, so lawyers often give inaccurate advice simply because they don't know all the details. You'll need to pay a lawyer to actually look at the whole situation in order to get good advice.

[davidvs 337]

If the LPR spouse can get her citizenship prior to him being placed in removal, can they refile for AOS and be safe?

[INF 96]

4 minutes ago, davidvs said:

If the LPR spouse can get her citizenship prior to him being placed in removal, can they refile for AOS and be safe?

Yes, technically. However, he’s under a lot of risk. They can deport him now. 

[Crazy Cat 41,881]

3 minutes ago, INF said:

Yes, technically. However, he’s under a lot of risk. They can deport him now. 

Unfortunately, the term "Low hanging fruit" comes to mind.......

Edited February 11, 2021 by Lucky Cat

[davidvs 337]

4 minutes ago, INF said:

Yes, technically. However, he’s under a lot of risk. They can deport him now. 

Agreed it is very risky and and they need to consult a good lawyer. Actually, I would consult a couple to get multiple opinions.

 

 

[Henrison 3]

5 minutes ago, davidvs said:

Agreed it is very risky and and they need to consult a good lawyer. Actually, I would consult a couple to get multiple opinions.

 

 

Hi everyone.  Following what the Agent told me almost at the end of the interview he said:will give a me chance with a letter sent within 2 weeks and won't put me in removal processing neither send me to court just because my excellent good behavior and moral during all this years.