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Sunny20

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  1. You have some interesting points, so frustrating to not know where you stand legally. However, they can't deport an LPR without court proceedings.
  2. Once an order of removal is executed a person is no longer considered to be in removal proceedings, correct me if im in the wrong Lets say CBP says I'm inadmissible due to 10 year bar after self deportation. However, LPR's are considered 'admitted' into the usa by being granted LPR status and are not subject to grounds of inadmissibility upon reentry. I would be subject to ground of deportability. I haven't done anything to be considered deportable. If they do give me problems on my way in, by law, I have rights to an immigration judge. Who would either dismiss my case or like you said there is a waiver available that the judge might request I file. Then this will be all dealt with and closed and I wouldn't have worry about it again. Or, I can just sit here another 5 years to be eligible to file for citizenship and then another 1 or 2 years to be approved before I can see my family. And I would still run into the issue of a final removal order that hasn't been administratively closed. You can't become citizen while in removal proceedings. With very limited exceptions, a person admitted for lawful permanent residence cannot be considered to be “seeking admission” into the United States. This means that an LPR, unless he or she falls under one of the exceptions in section 101(a)(13)(C) of the Immigration and Nationality Act (INA), cannot be charged with inadmissibility under section 212(a). Rather, in order to be placed into removal proceedings, such an LPR would have to be charged with deportability under section 237.
  3. I have a question, does anyone know if number 4 under section 1101(a)(13)(C) applies to me? Am i still considered to be in removal proceedings? I know I have a final administrative removal order which, would make a CBP officer assume I'm in removals. But since then I was granted defered action, approved i360 and approved i485. Surely, this means the government is not seeking to remove me. Am I correct to think this? Section 101(a)(13)(C) of the INA, 8 U.S.C. 1101(a)(13)(C), lists the situations in which a person who has been admitted as an LPR can be regarded as seeking admission: (i) has abandoned or relinquished [LPR] status, (ii) has been absent from the United States for a continuous period in excess of 180 days, (iii) has engaged in illegal activity after having departed the United States, (iv) has departed from the United States while under legal process seeking removal of the alien from the United States, including removal proceedings under [the INA] and extradition proceedings, (v) has committed an offense identified in section 212(a)(2), unless since such offense the alien has been granted relief under section 212(h) or 240(a), or (vi) is attempting to enter at a time or place other than as designated by immigration officers or has not been admitted to the United States after inspection and authorization by an immigration officer. Thank you I have a question, does anyone know if number 4 under section 1101(a)(13)(C) applies to me? Am i still considered to be in removal proceedings? I know I have a final administrative removal order which, would make a CBP officer assume I'm in removals. But since then I was granted defered action, approved i360 and approved i485. Surely, this means the government is not seeking to remove me. Am I correct to think this? Section 101(a)(13)(C) of the INA, 8 U.S.C. 1101(a)(13)(C), lists the situations in which a person who has been admitted as an LPR can be regarded as seeking admission: (i) has abandoned or relinquished [LPR] status, (ii) has been absent from the United States for a continuous period in excess of 180 days, (iii) has engaged in illegal activity after having departed the United States, (iv) has departed from the United States while under legal process seeking removal of the alien from the United States, including removal proceedings under [the INA] and extradition proceedings, (v) has committed an offense identified in section 212(a)(2), unless since such offense the alien has been granted relief under section 212(h) or 240(a), or (vi) is attempting to enter at a time or place other than as designated by immigration officers or has not been admitted to the United States after inspection and authorization by an immigration officer. Thank you
  4. Hello, It says "no case found for this A number" do you know what that would mean?
  5. 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?
  6. 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 Quote
  7. 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
  8. Hello, can someone please help me? I entered the country on a visa waiver program with at the time my US Spouse. Marriage was abusive and i wanted to get out of it. Spouse found out i was going to file for divorce and reported me to ICE. Ice detained 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 earlier this year and i was granted Lawful Permanent Resident status, even though i had a final removal order. I would like to go home and visit my family, but i am worried if i leave the country i will execute my own removal order and trigger the 10 year bar which would cause me to become inadmissible on my reentry back into the states. I am not sure what to do here, do i have to file form i212 and request permission to reapply for admission as a LPR? Does my new Legal Status not cancel out the 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 in the court. please help!
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