Help! Reentering the us as an LPR with an old removal order

[Sunny20 0]

I have been granted LPR status, but i still have an old removal order i received before my legal status was granted. How will this effect me if i leave the US and try to reenter?

Does my new legal status cancel previous removal orders? 

Will i trigger a 10 year bar? and not be allowed to reenter as an LPR on the basis of inadmissibility?

please advice! thank you

 

 

[OldUser 6,531]

3 hours ago, Sunny20 said:

I have been granted LPR status, but i still have an old removal order i received before my legal status was granted. How will this effect me if i leave the US and try to reenter?

Does my new legal status cancel previous removal orders? 

Will i trigger a 10 year bar? and not be allowed to reenter as an LPR on the basis of inadmissibility?

please advice! thank you

 

 

You needed to be admissable to receive GC. Did you disclose everything on I-485? Unless removal proceedings were terminated you could not adjust. Did you handle adjustment yourself or with a lawyer?

Edited October 3 by OldUser

[OldUser 6,531]

What I'm saying is, you either:

 

- Got GC in error, then you're in trouble as it's not valid

- Got it correctly, then you shouldn't have removal proceedings. 

[Sunny20 0]

51 minutes ago, OldUser said:

What I'm saying is, you either:

 

- Got GC in error, then you're in trouble as it's not valid

- Got it correctly, then you shouldn't have removal proceedings. 

 Hello, thank you for replying. I entered the country on a visa waiver program with at the time my US Spouse which i ended over staying by several years. Marriage was abusive i wanted to get out of it. Spouse found out I was going to file divorce and reported me to ICE. ICE arrested me and issued a final removal order. I didn't see an immigration judge as i waived my rights to one by entering on a visa waiver program. (ESTA)

Because of my domestic situation, ICE decided to not execute the order and instead allowed me to remain in the US and file for a VAWA petition. My VAWA petition was approved and i later filed I485 which was approved and i was granted Lawful Permanent Resident status, even though i had a final removal order.

 

I read that alot of people file motions to reopen their case with the immigration court to get the removal orders terminated, this is not something i can do since my case was never went through the court.

 

Uscis adjusted my status, but they mentioned nothing about the termination of the previous removal order. So, I'm confused about how this will effect me if I travel abroad.

 

Do I have to file a i212 permision to reapply for admission as an lpr? 

 

Thank you

 

 

 

 

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Edited October 4 by Sunny20
Forgot to mention something

[OldUser 6,531]

3 minutes ago, Sunny20 said:

 Hello, thank you for replying. I entered the country on a visa waiver program with at the time my US Spouse. Marriage was abusive i wanted to get out of it. Spouse found out I was going to file divorce and reported me to ICE. ICE arrested me and issued a final removal order. I didn't see an immigration judge as i waived my rights to one by entering on a visa waiver program. (ESTA)

Because of my domestic situation, ICE decided to not execute the order and instead allowed me to remain in the US and file for a VAWA petition. My VAWA petition was approved and i later filed I485 which was approved and i was granted Lawful Permanent Resident status, even though i had a final removal order.

 

I read that alot of people file motions to reopen their case with the immigration court to get the removal orders terminated, this is not something i can do since my case was never went through the court.

 

Uscis adjusted my status, but they mentioned nothing about the termination of the previous removal order. So, I'm confused about how this will effect me if I travel abroad.

 

Do I have to file a i212 permision to reapply for admission as an lpr? 

 

Thank you

 

 

 

 

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• Quote

If you were in removal, USCIS would have not had jurisdiction to adjudicate I-485. At least this is my understanding. 

 

I think I wouldn't leave the US until resolving this situation. A good lawyer may be needed to fully understand your case.

Edited October 4 by OldUser

[Sunny20 0]

1 minute ago, OldUser said:

If you were in removal, USCIS would have not had jurisdiction to adjudicate I-485. At least this is my understanding. 

 

I think I wouldn't leave the US until resolving this situation. A good lawyer may be needed to fully understand your case.

I wasn't in removal proceedings. So the ij didn't have jurisdiction over my case. If uscis adjust legal status for an individual do past removal orders become void?

[Lemonslice 4,799]

Since you got your status through VAWA, you might want to ask @Sandra G.  about the best next step, in this thread:

 

[Verrou 1,960]

when u put ur alien number on EOIR case status, what did it say?

[Sunny20 0]

6 minutes ago, Verrou said:

when u put ur alien number on EOIR case status, what did it say?

Hello, It says "no case found for this A number" do you know what that would mean?

[OldUser 6,531]

23 minutes ago, Sunny20 said:

Hello, It says "no case found for this A number" do you know what that would mean?

Usually this means you're good and not in removal.

[Demise 1,263]

18 hours ago, OldUser said:

If you were in removal, USCIS would have not had jurisdiction to adjudicate I-485. At least this is my understanding. 

 

I think I wouldn't leave the US until resolving this situation. A good lawyer may be needed to fully understand your case.

OP got rate limited, so replies will likely take a while.

 

From what I gather here from what OP has already posted and what he said in DMs is:

 

OP entered on VWP with abusive ex.

OP filed for AOS.

Ex pulled the rug from under him and the AOS was denied.

OP was given an expedited removal order by ICE

OP was given a stay by ICE to file VAWA/AOS

OP filed VAWA/AOS and that was granted.

OP checked with ICE and was told that "they are unable to cancel it but they would not enforce it."

We are here.

 

So few considerations:

VWP comes with the stipulation that you essentially waive all avenues of relief aside asylum.

USCIS has jurisdiction over I-485 unless IJ has jurisdiction due to the person being in removal proceedings (and pre-1997 deportation proceedings). This is the part that prevents one to file for AOS with an outstanding removal order generally. Those with pre-1997 exclusion orders for example remain eligible to file for AOS with USCIS and later after approval they have to reopen/terminate the exclusion proceedings.

Most expedited removal cases never make it before an IJ unless an asylum claim is made and those that do are essentially "asylum only proceedings".

Having an outstanding removal order doesn't make you inadmissible, as those inadmissibilities are triggered upon physically leaving the US (whether on their own or when deported).

 

So all in all it's a mess. Since nothing really prevented OP from adjustment of status. Similarly I couldn't find anything that'd automatically vacate such an order upon approval of AOS. ICE also says that they can't do anything about it.

 

From what I gather OP should be able to write to ICE and basically request discretion in rescinding it, send it to the main OPLA office in DC. But if ICE says no then well, not sure, petition for review?

 

In DMs I recommended to try via a congressman or senator's office. Hopefully ICE will take that correspondence more seriously because it's just hilarious that they claim that they can't do anything about it.

 

If all else fails, just stay put, do your 3 years, naturalize, and screw them.

Edited October 4 by Demise

[Verrou 1,960]

8 hours ago, Demise said:

in DMs I recommended to try via a congressman or senator's office. Hopefully ICE will take that correspondence more seriously because it's just hilarious that they claim that they can't do anything about it.

 

If all else fails, just stay put, do your 3 years, naturalize, and screw them.

depend on which ICE office? some maybe are willing to take the correspondency than the other. there's an acquaintance also in similar issue. but USCIS admin closed i-485 and tell them to deal with IJ. while the case in IJ also lost somehow ( this is around 2003 when people from muslim country have to report to ICE after 9/11) seems that person got NTA and in removal proceeding. 

 

i agree with you, dont rock the boat if nothing can be done, stay put, dont look for trouble, in 3 years, naturalize and then can travel 

[Demise 1,263]

36 minutes ago, Verrou said:

depend on which ICE office? some maybe are willing to take the correspondency than the other. there's an acquaintance also in similar issue. but USCIS admin closed i-485 and tell them to deal with IJ. while the case in IJ also lost somehow ( this is around 2003 when people from muslim country have to report to ICE after 9/11) seems that person got NTA and in removal proceeding. 

 

i agree with you, dont rock the boat if nothing can be done, stay put, dont look for trouble, in 3 years, naturalize and then can travel 

Possibly could depend on office or if the office that issued the expedited removal and the one that granted the stay are not the same. That's why I'm thinking that going through the congressman is the best option since that'd get send to the congressional liaison office who then would forward it to wherever it actually needs to go (be it a field office or the HQ) with the stipulation that it needs a quick reply.

 

But yeah, all else fails it'd be safest to naturalize rather than risk executing the order.

 

Regarding that acquintance of yours. Did they try a FOIA with ICE and EOIR and see what pops up? Could also try one with USCIS, my own did return an printout of (incomplete) history of proceedings, not a lot but enough to tell me which court to try with if I was in that situation.

Edited October 5 by Demise

[Verrou 1,960]

On 10/5/2024 at 12:40 AM, Demise said:

 

 

Regarding that acquintance of yours. Did they try a FOIA with ICE and EOIR and see what pops up? Could also try one with USCIS, my own did return an printout of (incomplete) history of proceedings, not a lot but enough to tell me which court to try with if I was in that situation.

he's useless and clueless about his own case. he keep asking me questions while he has his own lawyer. i'm overload myself with work, study for LSAT and life i have no time to coach and "hold his hand" on this.this is the type of person who doesnt want to learn about his case, everything i asked, the answer is "i dont know". beyond my free help.

 

he's been whining about "where's my GC" for years (filing in 2019 marriage), but he never say he is in removal proceeding. and i was like "there's no way u gonna get ur GC if u have a case in the court". i actually suspected when his 485 case is admin closed, usually admin closed = court. i asked him, and he said " what is removal proceeding?" few days later he said " oh yeah i went to court once" but he take it so casually and he didnt know what it meant when he went to the court. in the beginning he never say anything about court at all. i sent him to other lawyer (good one), even that lawyer said this case is super strange.

 

the one that he currently hire unfortunately is the same ####### lawyer that i used to hire. to answer ur question, did he do FOIA? judging the quality of my lawyer, they probably wont do anything and he's gonna be siting duck. 

 

i will keep u posted when i found out new news.

 

p.s after i got my GC, i did FOIA of my case through USCIS and EOIR. i got everything started from early 2000 (not before 2000 probably not digitalize). even the EOIR is complete but since my case removal proceeding through asylum case, the file its not thick (but it is complete)

Edited October 7 by Verrou

[TBoneTX 45,079]

The second case is interesting, but let's please avoid derailing the OP's thread.

The OP is sure to return when the posting limit for new members is lifted.