Crazy Cat

Agree 100%. There is a good chance to continue the case at NVC rather than going back through USCIS again...

This topic was somewhat fragmented due to the OP starting 3 different related threads which were eventually merged....I came in on the 3rd one (where only the word "removal" was mentioned.....LOL.

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. " I agree that CBP is the record holder.😄 and I also know that 5 years have passed, anyway.

"the stamp in my passport is “removed in accordance”". that sounds like expedited removal.

Adjustment of Status is not available to them. You should file an I-130 for each of them to start consular processing. They can possibly visit during the process.

It actually jumps the queue at NVC. This is standard procedure for expedited cases.

I would follow the consulate's instructions and keep checking for an available interview slot. Many consulates require self-scheduling for expedited cases. *** I am moving this topic to the Africa: Sub Saharan regional forum where you are more likely to find an accurate answer***

Getting back to your original question, you were given good answers in the other threads. I think you need to get the deportation documents if you were removed.

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

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

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."

An expedited removal is a deportation.

You can print out a copy of the completed N-400 after submission online.

I would answer "No" for both since there are no derivative cases for IR-5 visas.

***Moved to the Adjustment of Status from Work, Student, and Tourist Visas forum***

It usually is...until something happens.....Good luck with their immigration journey.

They would be granted authorized stay until the I-485 was approved or denied. "Authorized Stay" is not a legal status. It prevents unlawful presence during that time. They would be out of status, but authorized to stay in the US. Have you considered how they are going to have health care? Differences Between: Lawful Status, Period of Authorized Stay, & Unlawful Presence - Murthy Law Firm | U.S Immigration Law

I agree with @appleblossom. With form fees, medical exams, etc, it could cost $4000...for each of them. Filing an I-130 gives them no rights to stay in the US. If money is a factor, it might be better for them to return home and wait for the consular process.

You can't work in any way (including remotely) while inside the US until you have authorization. Infact, it is a violation of a B2 visa to do so. BTW, the guides here on VJ are pretty good>

I'm not sure what risk you are talking about. You have already seen that there are many cases of people adjusting status here on Visa Journey....some from K-1 visas and others from work, student , or tourist visas. The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money. Failure in any of those areas can cause delays or serious issues.

Your decision. If you Apply to Adjust Status, you won't be able to leave the US or work in any way for up to 6 or 8 months.....that is assuming you apply for an EAD and Advance Parole. In addition, the cost to adjust status is significantly more than a spousal visa. Can you afford to just abandon everything in your home country on such short notice? Good luck on your decision and your immigration journey. A CR-1 would allow you to enter the US in about 18 months with a Green Card. You would immediately be able to work and/or travel outside the US. You can visit during the process. In what country do you reside?

Yes. However, you need to check your dates. She can apply 90 days prior to the card anniversary date in January of 2025.

***Duplicate thread removed. Please don't post duplicate topics in different forums***

There is an area to upload additional evidence online. This is where I uploaded our tax returns and request letter for a combo interview. There is no need to mail anything.

I would. Your Senator's office probably has an immigration liaison.