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James1998

Deportation documents & CBP FOAI [merged threads]

By James1998 in IR-1 / CR-1 Spouse Visa Case Filing and Progress Reports

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Boiler Grand Master

Boiler   45,451

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Filed: K-1 Visa Country: Wales
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3 hours ago, James1998 said:

I was denied entry, yes it was over 5 years ago and I was not banned just banned from ever using an esta again. The overstay was 2 days on an esta (stupidly didn’t realise I overstayed and then flew back a few months later on a different esta and got pulled aside in the airport). Very naive girl at that point in my life.

At least you do not have a ban

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Family

If you were trying to enter on the ESTA and got stopped and ER ( expedited removal ) , then you FOIA CBP . Give details of POE , date , correct biographic info   I doubt you were picked from

Crazy Cat
Crazy Cat

Actually, OP also wrote (in the last thread which was merged here) "Our lawyer said as the stamp in my passport is “removed in accordance” ..........She said the esta was cancelled and I was removed. 

James1998
James1998

Sorry! I’ve just realised my mistake ! It said “refused in accordance”

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James1998 Contributor

James1998   12

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Filed: IR-1/CR-1 Visa Country: United Kingdom
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Could someone please help me? My husband is a US citizen petitioning me to move to the states I am at NVC stage and I have to upload “deportation document” as I was deported over 5 years ago for overstaying an esta by 2 days and then entering again on an esta and getting deported. I know I have to fill out a FOIA with CBP but I have absolutely no idea how to ask for this and how to write my application correctly and I really don’t want to mess it up and have to wait even longer to be with my husband. If anyone could help! Thankyou

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  • TBoneTX changed the title to Deportation documents & CBP FOAI [merged threads]
TBoneTX Grand Master

TBoneTX   45,260

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Filed: Citizen (apr) Country: Ecuador
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Similar-themed threads have been merged.  Please ask anything else in this thread.

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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James1998 Contributor

James1998   12

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Filed: IR-1/CR-1 Visa Country: United Kingdom
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But because on the ds260 I ticked yes to “have I ever been deported from the us” now I have to provide documentation for this. The lawyer said because I was stopped at the airport and detained and sent back home I techianlly wasn’t “deported”. If I was in the country and sent home it would’ve been a different story 

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James1998 Contributor

James1998   12

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Filed: IR-1/CR-1 Visa Country: United Kingdom
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Has anyone ever made a mistake on ds260? If so what did you do? 
I ticked the box saying “deported from the us” but in fact I was never deported, I was removed and denied entry at POE. Now NvC is asking for “deportation documents” but I was techinally not deported…

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Crazy Cat Grand Master

Crazy Cat   41,814

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Filed: Citizen (apr) Country: Taiwan
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An expedited removal is a deportation.  

Edited by Crazy Cat

"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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Crazy Cat Grand Master

Crazy Cat   41,814

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Filed: Citizen (apr) Country: Taiwan
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Posted (edited)
20 minutes ago, James1998 said:

Our lawyer said as the stamp in my passport is “removed in accordance” I was not deported? She said the esta was cancelled and I was removed. 

 Your attorney is wrong. Expedited removal is a summary deportation which skips a court hearing....there are numerous attorney websites which explain it.  Ask that attorney for the definition of "removed".

 

Explainer | Too Fast for Fairness: “Expedited Removal” and the Family Expedited Removal Management Program | National Immigrant Justice Center

" Expedited removal is a form of processing created in 1996 that allows the U.S. government to quickly and summarily deport people arriving at the United States without ever presenting their case to an immigration judge. "

 

“Expedited Removal” and Deportation Under U.S. Immigration Law (shouselaw.com)

"Expedited removal is a form of “summary” deportation. It allows the Department of Homeland Security (“DHS”) to deport non-U.S. citizens immediately and without a formal hearing.Under U.S. immigration law,"

 

When Expedited Removal Allows Deportation Without a Hearing | Nolo

"However, there are some circumstances under which the Department of Homeland Security (DHS) can deport a person who has no immigration status, without giving that person any opportunity to see an immigration judge.

The process, referred to as "expedited removal," can happen within a matter of hours or days. By law and within the bounds of agency discretion, it applies to individuals encountered by immigration authorities under the circumstances described below."

Edited by Crazy Cat

"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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James1998 Contributor

James1998   12

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Filed: IR-1/CR-1 Visa Country: United Kingdom
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On 5/7/2024 at 5:04 PM, Demise said:

How do you get deported for overstaying 2 days? Like can you explain what happened exactly, normally CBP would just cancel ESTA because you violated it on the way out. Did this happen when you came to visit later and they denied you entry?

 

I'd guess that CBP would likely be the right agency to FOIA. You can probably also send one to EOIR, USCIS, ICE, and the Department of State and see what happens.

it says online for ER a ban occurs though. I was never banned just never allowed to use an esta again

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Crazy Cat Grand Master

Crazy Cat   41,814

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Filed: Citizen (apr) Country: Taiwan
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Posted (edited)
7 minutes ago, James1998 said:

it says online for ER a ban occurs though. I was never banned just never allowed to use an esta again

I suspect you also had a 5 year ban. If still in effect, your Consulate Officer will inform you if a waiver is allowed. 

Edited by Crazy Cat

"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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Crazy Cat Grand Master

Crazy Cat   41,814

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Filed: Citizen (apr) Country: Taiwan
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Posted

***Another like topic merged into this thread***  Please keep the discussion in this thread***

"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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