RFE for entry/exit

[guitarhero30 0]

Hello all long time lurker, first time poster, just want to say this forum has helped me and my husband tremendously. 

 

With that being said, we had our interview cancelled for my I-485, last month due to "unseen circumstances". We just got the RFE for my I-693 medical form and an entry/exit worksheet. I'm a little confused on the worksheet and how to take it. It states:

 

"You stated on your Form I-485, Pg. 15, Part 8, Question 20 that since April 1, 1997, you have been unlawfully present in the United States for more than 180 days but less than a year, and then departed the United States. Please the entries/exit worksheet attached."

 

My timeline is very simple came on a b-2 tourist visa, which was good for 4 years, as a 6 year old child in 97, then yes overstayed on my 6 month permit, but left then came back in 99, and then never left again. All thru the POE. I'm just wondering if I'm over thinking that I messed up somewhere on the application or they just want to verify my dates. I'm currently here unlawfully but as a DACA recipient. 

 

I submitted everything I have to show proof of my entry into the US i.e. visa, permit, and passport. I'm wondering if I should write a letter with detailed arrival and departure and include my proof of entry with plane tickets this time along with the worksheet when I mail back the RFE? I really wish I had an interview at this point lol

[HRQX 4,145]

31 minutes ago, guitarhero30 said:

but left then came back in 99

Was the visa used in 1999 a new visa? Because the first one was automatically cancelled per INA 222(g):

Quote

Nonimmigrant visa void at conclusion of authorized period of stay

(1) In the case of an alien who has been admitted on the basis of a nonimmigrant visa and remained in the United States beyond the period of stay authorized by the Attorney General, such visa shall be void beginning after the conclusion of such period of stay.

 

(2) An alien described in paragraph (1) shall be ineligible to be readmitted to the United States as a nonimmigrant, except-

(A) on the basis of a visa (other than the visa described in paragraph (1)) issued in a consular office located in the country of the alien's nationality (or, if there is no office in such country, in such other consular office as the Secretary of State shall specify); or

(B) where extraordinary circumstances are found by the Secretary of State to exist.

[guitarhero30 0]

10 minutes ago, HRQX said:

Was the visa used in 1999 a new visa? Because the first one was automatically cancelled per INA 222(g):

it wasn’t a new one. it was the same visa I was issued prior. 

[Boiler 46,107]

Sounds like that is the issue

[guitarhero30 0]

18 minutes ago, Boiler said:

Sounds like that is the issue

It’s all starting to make sense now.

 

I wonder if this is going effect my application now for the worse. 

[HRQX 4,145]

13 minutes ago, guitarhero30 said:

I wonder if this is going effect my application now for the worse. 

It probably doesn't negatively affect it, but confirm this with an experienced immigration attorney.

 

From my understating, you still meet the Inspected and admitted requirement with the 1999 entry through POE: https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-2 (And the bars seem to not apply in your case: https://www.uscis.gov/laws-and-policy/other-resources/unlawful-presence-and-bars-to-admissibility)

Edited August 23, 2021 by HRQX

[guitarhero30 0]

30 minutes ago, HRQX said:

It probably doesn't negatively affect it, but confirm this with an experienced immigration attorney.

 

From my understating, you still meet the Inspected and admitted requirement with the 1999 entry through POE: https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-2 (And the bars seem to not apply in your case: https://www.uscis.gov/laws-and-policy/other-resources/unlawful-presence-and-bars-to-admissibility)

Well this gives me some hope. I know if I entered illegally it would’ve been worse.

 

But it’s weird how they’re asking now. 

Edited August 23, 2021 by guitarhero30

[HRQX 4,145]

5 minutes ago, guitarhero30 said:

It seems I would trigger a ban if I stayed more than I was supposed to. 

https://www.uscis.gov/laws-and-policy/other-resources/unlawful-presence-and-bars-to-admissibility "Minors: Children do not accrue unlawful presence while they are under age 18."

 

Also, you haven't left the US after you turned 18, so the 3-year and 10-year bars have not been triggered. Thus you should still be able to AOS.

[guitarhero30 0]

3 minutes ago, HRQX said:

https://www.uscis.gov/laws-and-policy/other-resources/unlawful-presence-and-bars-to-admissibility "Minors: Children do not accrue unlawful presence while they are under age 18."

 

Also, you haven't left the US after you turned 18, so the 3-year and 10-year bars have not been triggered. Thus you should still be able to AOS.

Omg okay, that makes sense. I remember reading that when I started the AOS process. I guess I skimmed over it this time around. 

 

thank you so much, this takes the weight off me a little bit. I been in panic mode.

[guitarhero30 0]

10 minutes ago, HRQX said:

https://www.uscis.gov/laws-and-policy/other-resources/unlawful-presence-and-bars-to-admissibility "Minors: Children do not accrue unlawful presence while they are under age 18."

 

Also, you haven't left the US after you turned 18, so the 3-year and 10-year bars have not been triggered. Thus you should still be able to AOS.

One more question, you think I got the request to fill out my entry/exit worksheet to see if I was under 18?

[carmel34 3,655]

6 hours ago, guitarhero30 said:

One more question, you think I got the request to fill out my entry/exit worksheet to see if I was under 18?

They most likely want to verify your age, plus check all the dates of entry/exit to make sure your timeline on the AOS application align with the worksheet.  If you entered legally, they should have a record of it, so try to submit correct dates.  Good luck!

[African Zealot 1,456]

8 hours ago, HRQX said:

It probably doesn't negatively affect it, but confirm this with an experienced immigration attorney.

 

From my understating, you still meet the Inspected and admitted requirement with the 1999 entry through POE: https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-2 (And the bars seem to not apply in your case: https://www.uscis.gov/laws-and-policy/other-resources/unlawful-presence-and-bars-to-admissibility)

You are absolutely correct. I have some knowledge about this including reading a case where an immigrant entered and adjusted status etc using an automatically voided visa without his knowledge. 
 

It was ruled that it still qualified as lawfully inspected and admitted (being waved in by a border immigration officer was also determined to be lawfully inspected and admitted in another case).

TL:DR

 

A separate question that wasn’t addressed was, in the waved in situation, what duration of stay does such an admitted person get. My belief is that would be an indefinite period of stay authorized by the Secretary.😁

Edited August 23, 2021 by African Zealot

[guitarhero30 0]

1 hour ago, carmel34 said:

They most likely want to verify your age, plus check all the dates of entry/exit to make sure your timeline on the AOS application align with the worksheet.  If you entered legally, they should have a record of it, so try to submit correct dates.  Good luck!

I plan on writing a letter also explaining the dates of entry/exit, hopefully it'll help the understanding as well. Thank you!

[Boiler 46,107]

They do not have a duration of stay

[guitarhero30 0]

8 minutes ago, African Zealot said:

You are absolutely correct. I have some knowledge about this including reading a case where an immigrant entered and adjusted status etc using an automatically voided visa without his knowledge. 
 

It was ruled that it still qualified as lawfully inspected and admitted (being waved in by a border immigration officer was also determined to be lawfully inspected and admitted in another case).

TL:DR

 

A separate question that wasn’t addressed was, in the waved in situation, what duration of stay does such an admitted person get. My belief is that would be an indefinite period of stay authorized by the Secretary.😁

As a 7 year old child, how am I supposed to know the immigration law on void visas. That's what gets me. 

 

I remember that entrance in 1999, the agent called out my name which was on the visa, I said, "si, es yo" and boom we crossed. These technicalities lol