DV 2017 AOS Only

[EURO2014]

She received a Notice to Allien Ordered Removed (Determination of Inadmissibility) and a Record of Sworn Statemente in Proceedings

If your daughter was summarily removed or deported upon arrival at a U.S. port of entry because she was found inadmissible, or if she was removed or deported after having been placed in removal proceedings upon arrival in the U.S., she may be ineligible to return to the U.S. for five years. As you refer to "a Record of Sworn Statemente in Proceedings" (sic), did an Immigration Judge issue a formal order of removal against her? Even if she voluntarily departed the U.S. subsequently, she may still be inadmissible for a number of years depending on how much unlawful presence she accrued while in the United States, however applicable bars would be Three– and Ten-Year Time Bars, not the 5-years you mentioned - so presumably it was a removal case upon arrival?

 

[Sm1smom]

She received a Notice to Allien Ordered Removed (Determination of Inadmissibility) and a Record of Sworn Statement in Proceedings, she stayed for 3 months

If I understand you correctly, she had a 3 months over stay from a previous stay - and tried to return to the US after the previous overstay - that explains the 5 year ban. Unfortunately, she will not be allowed back into the US until 5 year ban has been completed. Does not look like she qualifies for a waiver (and even if she does, the high CN and the fact that DV processing is time limited rules out the possibility of getting a waiver).

I don't see a way out, pursuing the selection will be a waste of time and resources IMO. However, feel free to contact an immigration attorney highly experienced with DV cases to get a professional opinion.

 

[EURO2014]

She had a 3 months over stay - and tried to return to the US after the previous overstay - that explains the 5 year ban. Unfortunately, she will not be allowed back into the US until 5 year ban has been completed. Does not look like she qualifies for a waiver (and even if she does, the high CN and the fact that DV processing is time limited rules out the possibility of getting a waiver).

I don't see a way out, pursuing the selection will be a waste of time and resources IMO. However, feel free to contact an immigration attorney highly experienced with DV cases to get a professional opinion.

I understand 3/10 year bars resulting from 180 and 365 days of unlawful presence, respectively. I am not sure I would understand a 5 year bar from 3 months, even it all were counted as accrued unlawful presence?

 

[physnep]

It is written that DV fee should be paid in cashier's check or postal money order. Does cashier's check mean that our usual personal check will not be accepted? Also, if I have to pay fee for two persons, should I pay separately in two checks or can I send a total amount of 2*$330 in a single check or money order?

 

[Luis Vargas]

If I understand you correctly, she had a 3 months over stay from a previous stay - and tried to return to the US after the previous overstay - that explains the 5 year ban. Unfortunately, she will not be allowed back into the US until 5 year ban has been completed. Does not look like she qualifies for a waiver (and even if she does, the high CN and the fact that DV processing is time limited rules out the possibility of getting a waiver).

I don't see a way out, pursuing the selection will be a waste of time and resources IMO. However, feel free to contact an immigration attorney highly experienced with DV cases to get a professional opinion.

No, actually she has never been overstayed before in fact she had authorizaction to remain the 180 days period she stayed only 3 months then left the country for a short 4 days period when she tried to re-enter was unadmitted

 

[Sm1smom]

I understand 3/10 year bars resulting from 180 and 365 days of unlawful presence, respectively. I am not sure I would understand a 5 year bar from 3 months, even it all were counted as accrued unlawful presence?

The 5 year ban isn't technically because of the 3 months over stay. The 5 year ban came about as a result of being found inadmissible and hence deported (the denied admission at the POE is regarded as a deportation) following the previous 3 months over stay she which may her inadmissible.

My post which you quoted wasn't quite complete as at the time of your response - I was still composing and making changes when you quoted it.

 

[Sm1smom]

It is written that DV fee should be paid in cashier's check or postal money order. Does cashier's check mean that our usual personal check will not be accepted? Also, if I have to pay fee for two persons, should I pay separately in two checks or can I send a total amount of 2*$330 in a single check or money order?

Yes it means personal check is not acceptable! For the DV administrative fee payment, a single check is fine.

 

[Luis Vargas]

If your daughter was summarily removed or deported upon arrival at a U.S. port of entry because she was found inadmissible, or if she was removed or deported after having been placed in removal proceedings upon arrival in the U.S., she may be ineligible to return to the U.S. for five years. As you refer to "a Record of Sworn Statemente in Proceedings" (sic), did an Immigration Judge issue a formal order of removal against her? Even if she voluntarily departed the U.S. subsequently, she may still be inadmissible for a number of years depending on how much unlawful presence she accrued while in the United States, however applicable bars would be Three– and Ten-Year Time Bars, not the 5-years you mentioned - so presumably it was a removal case upon arrival?

Yes, it was a removal case upon arrival

 

[Sm1smom]

No, actually she has never been overstayed before in fact she had authorizaction to remain the 180 days period she stayed only 3 months then left the country for a short 4 days period when she tried to re-enter was unadmitted

Well, you're not helping us understand your daughter's situation with the response you're giving. I asked you how long did she overstay for and you said 3 months.

There's got to be a reason for her being found inadmissible. Give us a breakdown of precisely when she entered the US, how long she stayed for, when she departed (to where) and when tried to re-enter. Give us the dates. Also had she been in the US prior to the visit where she left for 4 days?

 

[Luis Vargas]

Well, you're not helping us understand your daughter's situation with the response you're giving. I asked you how long did she overstay for and you said 3 months.

There's got to be a reason for her being found inadmissible. Give us a breakdown of precisely when she entered the US, how long she stayed for, when she departed (to where) and when tried to re-enter. Give us the dates. Also had she been in the US prior to the visit where she left for 4 days?

She arrived the US on August 21th 2015 she departured on November 19th 2015, then she returned on November 23th 2015 and was unadmissible.
Yes ,she had been in US prior to the visit where she left for 4 days that was on June 2014 she stayed a week.

 

[Sm1smom]

She arrived the US on August 21th 2015 she departured on November 19th 2015, then she returned on November 23th 2015 and was unadmissible.
Yes ,she had been in US prior to the visit where she left for 4 days that was on June 2014 she stayed a week.

Was she attending a school in the US? What was she doing? Did she depart for 'home' or simply went to a nearby country such as Canada for the purpose of renewing her admission clock?

The pattern of entry and exist is rather unusual for a casual visit. I'm guessing they figured she was basically living in the US when she's clearly not an authorized resident or does not have the right type of visa that permits that.

 

[Luis Vargas]

Was she attending a school in the US? What was she doing? Did she depart for 'home' or simply went to a nearby country such as Canada for the purpose of renewing her admission clock?

The pattern of entry and exist is rather unusual for a casual visit. I'm guessing they figured she was basically living in the US when she's clearly not an authorized resident or does not have the right type of visa that permits that.

No she wasn´t. She was working on a friend´s restaurant. She went nearby country (Panama) basically because she has bought a round-trip ticket ( 3 months validity)

 

[EURO2014]

Was she attending a school in the US? What was she doing? Did she depart for 'home' or simply went to a nearby country such as Canada for the purpose of renewing her admission clock?

The pattern of entry and exist is rather unusual for a casual visit. I'm guessing they figured she was basically living in the US when she's clearly not an authorized resident or does not have the right type of visa that permits that.

Yes, I agree and your advice is very sound. It is difficult to advise without reviewing the Determination of Inadmissibility and Record of Sworn Statement case documents. It might have been something straight forward as Immigration asking 'What did you do in the US from August to November' and the daughter innocently answering 'I went to school' or 'Working at Restaurant' etc. Anyways, your advice to have the case reviewed with available documentation by a DV experienced Immigration Attorney is a good one, before proceeding DV processing any further, in my opinion.

 

[Sm1smom]

No she wasn´t. She was working on a friend´s restaurant. She went nearby country (Panama) basically because she has bought a round-trip ticket ( 3 months validity)

She violated her NIV status by working. She's not authorized to work in the US, CBP must have caught up to that which would explain why she's been found inadmissible. It clearly looks like she left the country for the purpose of resetting her admission clock.

I don't think the violation will be forgiven, it doesn't look like she will be eligible for a waiver (even if time was on her side and she had a lower CN). But still consult with a DV experienced and knowledge immigration attorney though for a legal opinion if you like.

 

[Luis Vargas]

She violated her NIV status by working. She's not authorized to work in the US, CBP must have caught up to that which would explain why she's been found inadmissible. It clearly looks like she left the country for the purpose of resetting her admission clock.

I don't think the violation will be forgiven, it doesn't look like she will be eligible for a waiver (even if time was on her side and she had a lower CN). But still consult with a DV experienced and knowledge immigration attorney though for a legal opinion if you like.

I DO really appreciate your time and your advice in answering all my questions now I have more clues on how is she going to handle her situation and give her the best advice of course she is paying the price of violating her NIV status.
Thanks again

 

[ST23]

Hello,

When writing the personal check for the AOS and Biometrics fees it says that you should have a phone number on there. Mine are not printed with my phone number. Where should I add it and does "ink" just mean black pen?
The address on the check is my old address, is that okay?

Below is what it says on this website: https://www.uscis.gov/forms/paying-immigration-fees
"Personal checks must be pre-printed with the name of the bank and the account holder. Also, the account holder’s address and phone number must be pre-printed, typed or written in ink on the check. All checks must be typed or written in ink."

Thank you for your help!

 

[Supersonic2016]

My package was delivered today to Chicago Lockbox, I wondering how would I get notice of action? It would be a mail or sonething like text or email?

Regards,

 

[Sm1smom]

Hello,

When writing the personal check for the AOS and Biometrics fees it says that you should have a phone number on there. Mine are not printed with my phone number. Where should I add it and does "ink" just mean black pen?
The address on the check is my old address, is that okay?

Below is what it says on this website: https://www.uscis.gov/forms/paying-immigration-fees
"Personal checks must be pre-printed with the name of the bank and the account holder. Also, the account holder’s address and phone number must be pre-printed, typed or written in ink on the check. All checks must be typed or written in ink."

Thank you for your help!

Not having your current home address or phone number printed on your personal check isn't going to be an issue, you don't need to hand print it. There are cases where petitioners have actually had someone else make the payment on their behalf, and it wasn't an issue.

 

[CountryGirl]

Hello,

Maybe it's a silly question, but as my CN becomes current in November, I am thinking of making the medical exams this week (first, to avoid flu season and the vaccine, and second to have it done, so it will be one thing less to worry about it). However, as I have seen in the timeline of years before, my FO is really slow scheduling interviews... Probably mine will be schedule between March and April. So, my question is: Should I wait a couple weeks more, just in case?? What do you think??

By the way, it is only a physical exam, or it is also a blood test?? Because I read it on the spreadsheet... But I didn't foun it on the i-693 form itself.

Thanks!!!

 

[Sm1smom]

My package was delivered today to Chicago Lockbox, I wondering how would I get notice of action? It would be a mail or sonething like text or email?

Regards,

The official NOA will be mailed. However depending on what you listed on your G1145 form you should receive a text and/or email message prior to the NOA receipt indicating your package has been received.