AOS from B2, used to live in US

[powerpuff 6,708]

2 minutes ago, speedster said:

 

I know that part. But my wife has had an EWI entry when she was 2 (and obtained/had legal stay status until we left), I fear that changes the ball game

I don’t think it does. 

[speedster 26]

8 hours ago, powerpuff said:

I don’t think it does. 

 

Understood, because I've read that a permanent bar is established for 2 entries being done unless I read it wrong

[Boiler 45,525]

13 hours ago, speedster said:

 

Understood, because I've read that a permanent bar is established for 2 entries being done unless I read it wrong

9C ?

[Family 3,988]

I am quasi shocked they gave her a B-2 considering she was married to a USC and spend her entire life ( sans the the 5 yrs ) living in the US. 

‘That being said, just go ahead and file her adjustment asap…whatever issues may arise, you will then be able to face them here. 

‘Although as a minor there is no unlawful presence and she had TPS protection from the get go …she only has one EWI entry ..not two. 
Her second entry was with inspection , so file away .

 

Do FOIA to

EOIR ( Immigration Court, ask her parents for location ) and

FOIA for USCIS ( for her TPS file )

DOS ( for her visa file)

 

You said attorney dropped the ball and did not file…did you pay them their retainer and USCIS filing fee?

[speedster 26]

6 hours ago, Family said:

I am quasi shocked they gave her a B-2 considering she was married to a USC and spend her entire life ( sans the the 5 yrs ) living in the US. 

‘That being said, just go ahead and file her adjustment asap…whatever issues may arise, you will then be able to face them here. 

‘Although as a minor there is no unlawful presence and she had TPS protection from the get go …she only has one EWI entry ..not two. 
Her second entry was with inspection , so file away .

 

Do FOIA to

EOIR ( Immigration Court, ask her parents for location ) and

FOIA for USCIS ( for her TPS file )

DOS ( for her visa file)

 

You said attorney dropped the ball and did not file…did you pay them their retainer and USCIS filing fee?

 

Oh I wasn't expecting the approval either but hey, shockingly it happened.

 

The lawyer was wanting to do the FOIA on the EOIR but we'll inquire on the rest of the FOIA. And yes, we did pay a retainer/payment and uscis filing fee was through the form giving our card information.

7 hours ago, Boiler said:

9C ?

Yes I'm pretty sure that's it 

[Family 3,988]

5 hours ago, speedster said:

The lawyer was wanting to do the FOIA on the EOIR but we'll inquire on the rest of the FOIA. And yes, we did pay a retainer/payment and uscis filing fee was through the form giving our card information

You can do the FOIA s yourself and save that $ , as easy as posting your thread. ‘Here are links

 

She cleared the hurdle when they granted the B 2…and whatever Inadmissibility may pop up at adjustment stage, your health hardship will overcome .

 

https://www.uscis.gov/laws-and-policy/other-resources/unlawful-presence-and-inadmissibility

• If you again seek admission within 10 years of departing or being removed from the United States, after having accrued one year or more of unlawful presence during a single stay, regardless of whether you leave before, during, or after removal proceedings; or
• Permanently, if you reenter or try to reenter the United States without being admitted or paroled after having accrued more than one year of unlawful presence in the aggregate during one or more stays in the United States.

 

https://foia.state.gov

 

https://www.uscis.gov/records/request-records-through-the-freedom-of-information-act-or-privacy-act

 

https://www.justice.gov/eoir/freedom-information-act-foia

[speedster 26]

2 hours ago, Family said:

You can do the FOIA s yourself and save that $ , as easy as posting your thread. ‘Here are links

 

She cleared the hurdle when they granted the B 2…and whatever Inadmissibility may pop up at adjustment stage, your health hardship will overcome .

 

https://www.uscis.gov/laws-and-policy/other-resources/unlawful-presence-and-inadmissibility

• If you again seek admission within 10 years of departing or being removed from the United States, after having accrued one year or more of unlawful presence during a single stay, regardless of whether you leave before, during, or after removal proceedings; or
• Permanently, if you reenter or try to reenter the United States without being admitted or paroled after having accrued more than one year of unlawful presence in the aggregate during one or more stays in the United States.

 

https://foia.state.gov

 

https://www.uscis.gov/records/request-records-through-the-freedom-of-information-act-or-privacy-act

 

https://www.justice.gov/eoir/freedom-information-act-foia

 

Thanks for the links.

The health issues were hers not mine.

 

For those 2 bullet points i assume won't apply to her as she never accrued unlawful presence for more than a year for the 1st point (i guess a few days if we miss the deadline). 2nd bullet point, her 2nd entry was admitted via a port of entry.

 

Our application states that she's still in validity under her b2 status, but that will lapse in the next few days, does that matter if they receipt it after her expiration date? 

[Family 3,988]

4 hours ago, speedster said:

Our application states that she's still in validity under her b2 status, but that will lapse in the next few days, does that matter if they receipt it after her expiration date? 

No. 

[speedster 26]

On 6/12/2024 at 4:27 PM, Family said:

No. 

 

Everything has been sent out, a day before validity expiration 🫠. Now to wait. Is there a thread following 130/485 fillers of this month?