i am in removal proceedings

W

woldemariam

New Member
i came to the United States on Aug 1993 at the age of nine. I came with a tourist visa but I remained here. I got adopted by a US citizen in 1998. I applies for a green card based on the adoption but I was denied because I failed to show proof of legal entrance into the US. My new parents after the adoption lost all my documents. At the same time INS did not keep any records of my entrance. Nor did the Ethiopian embassy or American embassy. We did not have the passport or a plane ticket. We tried everything and we could find any records. But thats over the bridge now I guess. Here is what my rejection letter says:

The records of the Service reflect that you claim to have entered the United States as a nonimmigrant vistor on August 7, 1993. You have appeared for two separate interviews before officers of this Service, and on both occasions you failed to provide documentary evidence that you made a lawful entry into the United States. You have also submitted Form I-102. Application for Replacement/Initial Nonimmigrant Arrival-Departure Document, on two occasion. The record reflects that both of these applications were denied because the records of the Service do not verify your lawful entry into the United States.

The record further reflects that you filed Supplement A to the I-485, along with the penalty fee of $1000. You included a letter stating that you would like that fee refunded if you receive your replacement I-94. Again, you have failed to establish that you make a lawful entry into the United States, and therefore will not be issued a replacement I-94. Furthermore, the record reflects that you are the beneficiary of an approved Form I-130, Petition for Alien Relative, with a priority date of November 26, 2001. However, as the Form I-130, Petition for Alien Relative was filed after April 30, 2001, you are ineligible for any relief under section 245(i).
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I already got a lawyer and I am seeing him tomorrow. My NTA says I am to be removed from the United stats based on being "an alien present in the United States who has not been admitted or paroled." My court date is for Aug 11, 2008 in Baltimore. What do you guys think is the likely out come of my case?
 
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woldemariam said:
i came to the United States on Aug 1993 at the age of nine. I came with a tourist visa but I remained here. I got adopted by a US citizen in 1998. I applies for a green card based on the adoption but I was denied because I failed to show proof of legal entrance into the US. My new parents after the adoption lost all my documents. At the same time INS did not keep any records of my entrance. Nor did the Ethiopian embassy or American embassy. We did not have the passport or a plane ticket. We tried everything and we could find any records. But thats over the bridge now I guess. Here is what my rejection letter says:



I already got a lawyer and I am seeing him tomorrow. My NTA says I am to be removed from the United stats based on being "an alien present in the United States who has not been admitted or paroled." My court date is for Aug 11, 2008 in Baltimore. What do you guys think is the likely out come of my case?
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First of all, if you can do really exceptional search and find anything to prove the government case wrong against you, it will be thrown out,
Secondly if you can prove you have been here for over 10 years, not sure if it will be taken into consideration that you may have been under 18 then, but anyway, the lawyer can ask for cancellation of removal, will it be granted, i don't know. Once you have not committed any crimes, you should be okay with moral turpitude that includes moral character.
I am in a similar situation but i am much older than you, i lost my case as i choose to ask for cancellation of removal at the end of my trial and not at my first hearing so i got stuck with a moral character stuff. I am appealing.
Good luck to you.
Please take the time and really ask your lawyer what relief you can get, ask all the tough questions, get as much documents as possible, show up to all of your court hearings
 
13hm13 said:
woldemariam: did you do an EOIR FOIA (Freedom of Infomation Act request) on your A#?
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we did an FOIA to search for visa records based on my date of entry. we aslo had a copy of the visa stamped on my fathers passport (my passport is lost).

can i do an foia just based on a#?
 
so sorry for not ever posting an update. anyways this is what happened. i proceeded with the removal proceedings without any sort of evidence. at my hearing, i testified that i had entered the country legally and my biological father also came from ethiopia to testify that he was the one who got me my passport and visa and bought the ticket. that was good enough for the judge and she approved my green card immediately because i had an approved i130 based on my adopted parents. this was back in march of 2009. i received my green card a month later. i am back in school full time and all is well with me. god bless the usa.
 
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