David49

I remembered receiving the DS-3032, but we didn't act on it because I decided to go with AOS. I just called NVC and used my case receipt number with their automated system. The response gave me the NVC case number, and also said my case has been returned to CIS. The notice date on the approved I-130 is a few days short of a year old at this time. Does this mean the approved I-130 is no longer valid/can't be used for a visa application? Does this mean my wife has to submit another I-130 application? In this case it makes sense to wait until she's a USC no?

How do I request the the I-30 go to the NVC?

I mentioned in my first post that my wife filed an I-30 and it was approved. That was the basis for my AOS application. Does the current denial make the approved I-30 no longer valid? or can the approved I-30 be used again to apply for an immigrant visa from Canada if I leave and go back to Canada? It may be a moot point since as I said my wife will be a USC in 3-4 months. What is the application I need to file from outside the US if our approved I-30 is still valid?

The denial of my AOS has nothing to do with wait times. I had my interview and just received the denial notice. The reason stated is that there is no evidence I was inspected and admitted to the US, so I haven’t met the burden of proof for eligibility for AOS under section 245 of the act. The notice further states that there is no appeal of this decision, that I may file a motion to reopen or reconsider with I-290B within 30 days, and that this decision leaves me without lawful immigration status and I’m therefore present in the US in violation of law. I am required to depart the US. Remaining in the US without authorization may result in the initiation of removal proceedings against me and may affect my ability to return to the US in the future.

I'm looking for advice on what options I have to gain legal status in the US at this point.

Well this is almost year later and my AOS was just denied. The reason stated is "there is no evidence that you were inspected and admitted into the US", which was my concern in posting this thread to begin with.

There is no appeal of this decision.

I may file a motion to reopen or reconsider with form I-290B within 30 days. This will cost $630.

My wife is 3 months away from getting her citizenship, the citizenship application was already sent in.

Can you please recommend a course of action?

I'd like to speak to an immigration lawyer but have doubts they can do anything.

I'm considering going back to Canada, and reentering the US (this time through an airport where there will be a record). My question is; when I'm interviewed by the immigration officer and asked what is the purpose of me traveling to the US and how long will I stay, if I say I'm going to visit my daughter and coming back in 2 weeks and I'm allowed to enter, then reapply for AOS, would I have misrepresented myself and then not be eligible again?

Thanks for the reply.

If by CAA you mean Cuban adjustment act, then for that I must be in the US for a year and a day before I apply for AOS. Seeing as how I was not allowed to enter the US for six months after being denied entry, something I didn't recall until this thread, I will need to wait another six months from now. And I will still face the same problem of being without proof of entry. Although it is "required" going this route that I overstay.

My wife has one more year to go before she can apply for citizenship. It says in the paperwork we received "If a period of one year passes without communication to the NVC, all submitted fees and documents expire and must be resubmitted to resume the immigration process." I'm taking this to mean that if we don't use the approved I-30 waiting for my wife to become a citizen we will lose the approved I-30.

Thanks for the replies.

Serenaty, when filling out the I-485 it asks for date and place of entry. Among the required documents to attach it asks for a passport with the stamp. It's a fact that Canadians crossing the border by car do not get a stamp, so it's a photocopy of a blank passport that I would send. So far I'm giving them what they need to see.

At what point were you asked to prove your entry? If you were asked to prove it, was it via mail correspondence or in person during an interview?

Thanks for the reply.

You cannot just file the I-130 inside USA and then after that apply for AOS based on the "approved" I-130 it does not work that

I found this information, is it correct?

In layman's terms, 212(a)(7)(A)(i)(I) means immigrant not in possession of an immigrant visa. Every applicant for admission to the U.S. is considered to be an immigrant unless and until he can establish entitlement to a nonimmigrant visa classification.

By previously overstaying you failed to establish that you were a bona fide nonimmigrant visitor. As such, the officer found you to be an immigrant without an immigrant visa.

You were allowed to withdraw your application for admission in lieu of expedited removal. You are not subject to a bar of any length, but you must obtain a new visa in order to apply for admission to the U.S.

With regards to being denied entry a year ago this is what it says in the paper I received; "Subject is inadmissible to the US under section 212(a)(7)(A)(i)(I) of the INA, immigrant without document." Does this indicate whether I have a ban, and for how long? The more I try to remember the more I'm sure I was told not to try to enter again for 6 months. Is there a 6 month ban?

A big thank you to those who brought to my attention that my entering at the time I did is very bad for my case.

I only recently received the approved I-30, so I couldn't apply for AOS before.

I believe I can go back to Canada with only a citizenship card? and use their walk through border crossing. In this case will there be a record?

Thanks for bringing to my attention the important point about possibly having been inadmissible for my last entry, and how that affects things now. How can I find out whether I had a ban?

I'll be seeing an immigration lawyer Monday. The problem is finding one that's experienced with all the factors of my situation.

I can't recall for sure but I don't think I have a ban. I'm remembering something being said about trying again after 6 months, after it was done the officer that wrote me up wasn't harsh with me.

How can I find out what restrictions if any are on my record?

That infopass makes me nervous, too much information necessary to give up front, and my questions involve discussing possibilities that they're not going to be sympathetic to.

Thanks for the reply.

It is a rather complicated situation at this point. I realize full well now I shouldn't have left, but at the time I felt I had to.

What is infopass?

If AOS is not likely to happen, seeing as how there is no record of me coming in, I could go back to Canada and wait for the visa there, it will be like I was never here for the last year and therefore done nothing against immigration law. I will only do this as a last resort if I cant do AOS. The only thing standing against me at that point will having overstayed 1.5 years ago, and that my wife and daughter will have to make it on their own for I don't know how long.

Thanks for the replies.

I'm %100 sure there's no record of me particularly entering the US as all the officer asked me was what's my citizenship, and never took mine or the other two passengers in the car passports, only the driver's. Is this not effectively the same thing as entering without inspection when it comes time to prove when I entered, if such proof is required at some point? Do they just accept at AOS that being a Canadian and entering the US by car such a thing is possible?

I already spoke to one immigration lawyer here in the US and he didn't know. I'm looking for a more informed lawyer to consult but it's the weekend, frustrating.

I could also go back to Canada and wait for the interview and visa there. I'm afraid that having been denied entry a year prior, in my passport is written I-275 executed, I will not be given a visa based on the approved I-30 petition for relative, or I will not be let pass at the border even if I have the visa.

Going back to Canada to wait for this will put us in great difficulty as my wife can't manage everything, we have a 4 year old daughter, by herself.

Hi, you are correct. Sorry I guess I put it in the wrong forum section. Can a moderator please move it to the appropriate one.

Hello all, this is my first post here. My question is regarding adjustment of status for a Canadian with no proof of entry into the US.

I'm Canadian and have been married to a Cuban national who's a US permanent resident for 4 years now. We've been married for 4 years and we have a 4 year old daughter that was born in the US.

One year ago my wife filed an I-30 immigrant petition for relative. Around the time she sent in the application I took a flight to Canada. After staying in Canada for a week I attempted to take a flight back to the US. I was denied entry, because their records showed I flew into the US a year before and flew back to Canada a week ago.

I waited another couple of weeks and through friends found people that were driving to New York. I shared the car ride with them and got across the border at the Peace bridge, Buffalo. The immigration officer didn't take all our passports, only the driver's.

A year has passed (I overstayed) and my wife received the I-30 petition approval notice.

My question is if I apply for adjustment of status, whether the circumstances I described would constitute reason for my application to be denied.

Also whether I should apply under category A; having the approved petition for relative, or category F; being the spouse of a Cuban national.

Thanks in advance for any help.