deportee or not deportee

[easterlilly]

I am a green card holder but was revoked becuase did not established residence in US. My ex husband who filed petition on me, did not want to stay in US, but marriage went bad, we divorced while my adjustment of status was in the processed. I went to my interview by myself, and there I found out that all the information my exhusband filed in our residency was wronged , so I was charged of fraud. Since then I used lawyer. My USC son filed petition in 1997. Two years ago I had order of deportation. We filed waiver and tried to stopped the deportation. The INS lost my waiver, we refiled again, but the judge refused to review them. I was given a 2 weeks to leave the country after I was given a voluntary departure. I left, and paid my own ticket. USCIS opened my case and use the petition filed by my USC citizen on 1997, and my lawyer in the US will prepare a waiver for me. Now I want to know what is my status. Am I entitled to 10 or 20 years band? Do I consider my self deported? because i know that if someone is deported it will be hard to get visa again.
thanks... :wave:

[emt103c]

It sounds like you may have been given voluntary departure, which would not count as a deportation, however, with the Fraud (Misrepresentation) charge against you, you will still need a waiver.

I think I read a post by you on family based immigration, right?

Do you already know about the requirements for the 601?

[easterlilly]

My lawyer had sent me the Ds230 to fill up, and asked to submitt my original birth certificate, original marriage ceritificate, NBI clearance, first page of my passport pictures. She also, asked my son to submitt his affidavit of support , tax return copies, and employment history. She is also preparing my waiver package, so I do not know what else we needed, I sent her my husbands financial documents, like home equity loan from the bank, my mother medical records ( osteoperosis, thyroid enlargement, hypertension, and she needed foot surgery) and like some documents I mendioned above. I also made a folder for my waiver, I put some photos ( 3) , emails, and personal letters from my family and 2 best USC best friends. Can you help me whatelse I need to provide. My father who lives in California will send me his medical records and hardship letter, do you think I can use it? thanks

[Ginger]

I believe there are different types of fraud and some of them not allowing to apply for the waiver ever. I do not think that it is your case but if you would post a statue under what you were charged and what kind of fraud was it - it would be easier to answer your questions correct.

Good luck

[emt103c]

My lawyer had sent me the Ds230 to fill up, and asked to submitt my original birth certificate, original marriage ceritificate, NBI clearance, first page of my passport pictures. She also, asked my son to submitt his affidavit of support , tax return copies, and employment history. She is also preparing my waiver package, so I do not know what else we needed, I sent her my husbands financial documents, like home equity loan from the bank, my mother medical records ( osteoperosis, thyroid enlargement, hypertension, and she needed foot surgery) and like some documents I mendioned above. I also made a folder for my waiver, I put some photos ( 3) , emails, and personal letters from my family and 2 best USC best friends. Can you help me whatelse I need to provide. My father who lives in California will send me his medical records and hardship letter, do you think I can use it? thanks

The hardship must be to your qualifying relative, which in this case would be your son the sponsor. If you are going to use all of that documentation, it will need to relate back to extreme hardship for your son, except that a son/daughter is not a qualifying relative for the purposes of the 601 in a case like what you have described. How are you eligible to file the 601?

Are you a VAWA self-petitioner?

[easterlilly]

on Ginger's question, when I had my last interview with the BIA, she said she is going to pardon my case of Fraud. When I had my interview on my AOS way back 1992, INS told me that my answer regarding our residency does not match with the information I put in our Biographic(?) information.When my ex husband filed the petition for me, he was the one who filled up the application. and for some reason some of the address he put, I was not even there. I guess he was confused. so the consulate in Chicago, where I had my interview, thought I lied and there I was charged with Fraud. I was not able to get my actual green card, because my husband did not want to stay in United States and when I had my fingerprint schedule , I was not there to do it. The INS said I did not established residency in the US since we always go home to the philippines.

[easterlilly]

on emt103c question, I dont know really what is going on. Like I said , before I left chicago, we filed waiver I-601, the only thing was the INS secretary lost it, we refiled it so that the judge could review my case and cancell my deportation. But then the adjucation officer, would not let me stay so I left. After 2 months I recieved email from my lawyer, that the USCIS found my waiver but denied it, then they closed the case. on 1997 my USC citizen son, file the petition for me and in chicago consulate my old lawyer said my petition is approved but then the INS would have to eraase my record on my past petition from my ex husband which I had deportation proceeding. But that was the last time I heard. Last year, my lawyer said the USCIS have a record of my son petition that will use it. I asked my lawyer why can't I used my husband's petition cuz I will have more luck in getting approved than my son's USC.but she said the petition is still open so we just going to go ahead and use it. If I get deny then we will use my husband.
Ms. Kitkat responsed to my post saying the Manila consulate will then first deny the petition then will ask for a waiver. So in your question, I dont really know... I am just going by the flow. I hope you can tell me more..

[easterlilly]

what is VAWA self petitioner? If the consulate deny my son's petition, could I file the waiver I prepared which mostly on my husband's hardhip. will it take over my son's petition? what is the best way then to handle it..

[emt103c]

what is VAWA self petitioner? If the consulate deny my son's petition, could I file the waiver I prepared which mostly on my husband's hardhip. will it take over my son's petition? what is the best way then to handle it..

I would not be able to answer these questions appropriately. I'm sorry. I would love to be able to help. I think that the attorney could answer these questions, maybe someone else on this board will have better experience.

If you were VAWA, you would know. I think the opinion on the other board was that you would be eligible for the waiver IF your husband had been the petitioner. You do have a very complicated case. Have you thought about attending Laurel's chat? Or doing a consultation with her?

[JMRJ]

The I-601 application form (page 40 states something like this:


With the application, you will have to establish that:

C. Your qualifying U.S. citizen or legal permanent resident relative (spouse, son, daughter, parent), or K visa petitioner would experience extreme hardship if you were denied admission;

What that tells me is- if her son filed the I-130 petition through parent - child relationship, her son is a qualifying relative.

Am I understanding this right or am I wrong?
http://www.uscis.gov/files/form/I-601instr.pdf

[JMRJ]

The I-601 application form (page 40 states something like this:



No more scissor...

Edit: The I-601 application form (page 4) states something like this:

[easterlilly]

Okay I understand that.. my son just got married , expecting a child this august. He got his own place and financially stable.
I am married to a USC, and more likely experience financial hardship. That means I am not qualified for I601.
according to Ginger, there are another waiver out there. Which one do you think Iam eligible. I dont have any criminal records but with overstaying and fraud how am i going to apply for another visa.

[JMRJ]

Are you taking a route of the approved I-130 petition which your son filed for you? Why are you saying you are not qualified for the I-601?

Are you still married to an USC or already divorced?

What is the exact date of your green card's revocation?

What is the exact date you left the U.S.?

[easterlilly]

Have you thought about attending Laurel's chat? Or doing a consultation with he

I tried but we have different time zone. I have few more question. If I am not consider deported, what is my status now. am I qualified to 10 or 20 years ban? What is my son petition going to help me get a visa am I a I_130 petition?
Anyone can answer please, I am really really confuse. thanks.

[easterlilly]

this is what confuse me. Is my son's petition a I-130, then? why would I need to file a waiver. Second, since my son is my petitioner, this means the waiver should reflect on him. I have not seen the waiver my lawyer is preparing right now, but you make sense about the waiver shoud reflect on his hardship. I am looking forward that the interview would be for I-130 and would not require a waiver. but in my situation like you said I would need a waiver.
Yes I am still married to my husband (USC) my green card revoked in 1992. I left the US on Sept 15, 2006. I had been in the US in solid 14 years before this. After they revoked my green card in 1992, My ex husband applied for a visa for me so he could file a AOS in the States. and I was given a single entry or visa, for 6 months, then I overstayed when my husband abandoned me and never showed up in my adjustment of status interview

[JMRJ]

Since you are using your son's approved petition, your son needs to be able to prove why he will suffer an extreme hardship should you not be allowed to reenter to the U.S. (in which your lawyer is working on right now) If your green card was revoked due to fraud, this will be the purpose of I-601 - to overcome the fraud. ( Though I'm skeptical if what extreme hardship arguments your lawyer is going to use on why your son will suffer if you are not allowed to the U.S.?) Also knowing that the consulate in Manila is notoriously tough on approving I-601s? You should ask your lawyer what arguments he/she will use.

If you stayed for more than 180 days or 1 year after your visa expired (was it a tourist visa?) - you accumulated unlawful presence: this is another ground of ineligibility for your son's I-601 that needs to be overcomed. It does not matter if you leave through voluntary departure or deportation (which sounds like a voluntary departure to me.)

180 days or more of unlawful presence = 3 year ban
1 year or more of unlawful presence = 10 year ban
misrepresentation (fraud) = will always need a waiver no matter how much time has passed
unlawful presence + misrepresentation (fraud)= very tough to overcome

[easterlilly]

Thank you very much for your infor. This really scares me now. I am looking forward to be reunited with my family and hopefully God will make a way.. For there is no impossible for him.I can only hope for HIm... I believe i am in very bad shape... in very bad place.. like you said Manila is the toughest one to give I--601's..this is not the first time I heard it...

[JMRJ]

I'm truly sorry easterlilly. I think the numerous cases of I-601s for misrepresentation grounds are the indication of significant denials? Misreps are looked at harshly. You need to gear up a very good case. But then, you are already outside the country so why quit?

I don't know the specifics of your situation but my thought is your USC husband ( provided he files an I-130 petition for you as a start) should be able to demonstrate a more convincing hardship determinants than your son who is building a new family of his own

[easterlilly]

I am a green card holder but was revoked becuase did not established residence in US. My ex husband who filed petition on me, did not want to stay in US, but marriage went bad, we divorced while my adjustment of status was in the processed. I went to my interview by myself, and there I found out that all the information my exhusband filed in our residency was wronged , so I was charged of fraud. Since then I used lawyer. My USC son filed petition in 1997. Two years ago I had order of deportation. We filed waiver and tried to stopped the deportation. The INS lost my waiver, we refiled again, but the judge refused to review them. I was given a 2 weeks to leave the country after I was given a voluntary departure. I left, and paid my own ticket. USCIS opened my case and use the petition filed by my USC citizen on 1997, and my lawyer in the US will prepare a waiver for me. Now I want to know what is my status. Am I entitled to 10 or 20 years band? Do I consider my self deported? because i know that if someone is deported it will be hard to get visa again.
thanks... :wave:


[url=http://www.TickerFactory.com/]
http://tickers.TickerFactory.com/ezt/d/4;54;444/st/19870119/e/Green+Card/dt/-1/k/20c6/event.png

[easterlilly]

My lawyer said that If my petition is deny or my waiver, my husband could file the petition then. Sof this would be the future case, do I need a waiver or even need a lawyer>

[easterlilly]

Sorry for #19 post. I was amazed with all the ticker you guys put, and I checked the website , I found one but dont know how to use it.. I will try it again and I will post all the events in regards of my status..

[easterlilly]

Sorry for #19 post. I was amazed with all the ticker you guys put, and I checked the website , I found one but dont know how to use it.. I will try it again and I will post all the events in regards of my status..
As I was trying to gather all information, I found out some information. I am not sure if I committed fraud or misrep.


http://tickers.TickerFactory.com/ezt/d/4;10720;129/st/19870114/e/Petition+History/dt/12/k/0b33/event.png
[/url]

:innocent:
This information was indicated from the Motion to Deny
Jan 22, 1987---filed the first petition in Guam , addressed to MPo , Guam
Sept23, 1988- --petition approved
Jan 22, 1987----file another petition in but was returned due to additional evidence
March 9, 1989---husband refiled a second petition, address to CA. G-325 shows residence conflicting to the one written in the petition)
May 7, 1989----Petition approved
Jan, 23, 1990----Issued immigrant visa at Manila Consulate
April 7, 1990------addmitted in Chicago
May 29, 1990-----departed chicago, remained permanently
Oct 21, 1991-----applied visa as returning residence at Manila , Embassy, Denied, because I was not a returning residence.
Jan 2, 1992-----applied for a tourist visa, and was granted
June 25, 1992----filed application for replacement ARC- confusedly claimed I had not resoded outside United States more than a year. Denied
Mar 12, 1992----applied for AOS in Chicago, returned b/c my petitioner was not present
It concludes that all the my ex husbands address was mistakenly or confusingly indicated that me and my exhusband do not claimed a common residence in the past five years. Matter of M- 8 I&N Dec. 217 (BIA 1958);Matter of law, 11 I&N Dec.148 (D.D. 1968). The INS assumed that we had a fixed marriage or the marriage was invalid.
Jan 1993----recv'd letter from INS said I abandoned my LPR. Did not established residency in the US
Jan 1993----husband file another aOS-
Jan 11, 1994---requested parole to pick up my son in the Philppines, Granted
Feb 1994-------AOS denied
Jan 15, 1995-----divorced husband
Mar 3, 1995------remmary
Mar 1995---------filed petition
May 1995--------petition denied--
Oct 1996--------Exclusion proceeding , Order of the Immigration Judge
1996-----------divorced
Feb 7, 1997-----USC son filed petition for me
Sep 29, 1998--application for I-485
Nov 29, 2001---married a USC
July 2002-------appliedfor INA sec 245(a)
Jan 10, 2003----Applied for Motion to Reopen
Sep 22, 2003---Interview for I-485
Change Lawyer:
Feb 2005 ------new lawyer
Feb 24, 2005-------I-765
Mar 15, 2006----Interview with BIA officer. She requested that I should file a waiver
June 2006----submitt waiver
Jul 24, 2006----Notice of Decision to Deny application for AOS Sept 22, 1998
July 27, 2006---Recied notice of deportation ( Sept 10, 2006)
July 27, 2006 till Sept 10, 2006---- follow up the waiver filed in June, it was misplaced, contacted Adjudication officer to stop deportation, refiled the waiver, granted extension of deportation till Sept 15, 2006.
Sept 15, 2006 @8:00---recvd a call from lawyer, Adjudication officer denied my request
Sept 15, 2006 11:00 am-----left chicago, and family
Nov 2006---waiver found, reopen
Mar 2006----Waiver denied
April 2006---case closed
Nov 2007----son petition is still open at the NVC
March 2007-- recv DS230, son will submitt income tax return and affidavit of support

[emt103c]

The I-601 application form (page 40 states something like this:


With the application, you will have to establish that:

C. Your qualifying U.S. citizen or legal permanent resident relative (spouse, son, daughter, parent), or K visa petitioner would experience extreme hardship if you were denied admission;

What that tells me is- if her son filed the I-130 petition through parent - child relationship, her son is a qualifying relative.

Am I understanding this right or am I wrong?
http://www.uscis.gov/files/form/I-601instr.pdf



This is what I am reading. There are different circumstances for each waiver, but only one form. Different cases have different qualifying relatives, but the form has to give instructions for all circumstances. Misrepresentation's waiver section is written this way (I cut/pasted and added the emphasis):

INA 212 a 6(C) Misrepresentation.-
(i) In general.-Any alien who, by fraud or willfully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or admission into the United States or other benefit provided under this Act is inadmissible.

(iii) Waiver authorized.-For provision authorizing waiver of clause (i), see subsection (I).

INA 212 (i) (1) The Attorney General may, in the discretion of the Attorney General, waive the application of clause (i) of subsection (a)(6)(C) in the case of an immigrant who is the spouse, son, or daughter of a United States citizen or of an alien lawfully admitted for permanent residence, if it is established to the satisfaction of the Attorney General that the refusal of admission to the United States of such immigrant alien would result in extreme hardship to the citizen or lawfully resident spouse or parent of such an alien 25b/ or, in the case of a VAWA self-petitioner 6aa/ , the alien demonstrates extreme hardship to the alien or the alien's United States citizen, lawful permanent resident, or qualified alien parent or child.

[emt103c]

I'm sorry. I think you're going to end up having to start all over again with your husband filing a petition and then filing a waiver. He would be able to build a strong case as to why he needs you there. I'm not even sure your son will be allowed to file the waiver for you, and if he does, not sure he can make a strong enough case to overcome the Misrep (looks like they've accused you more than once of Misrep from your timeline) Plus with all of the applications/appeals/entry as a tourist with overstay (of many years?). . .it is obvious you're not just going to have one incident of Misrep and you have a lot of unlawful presence PLUS a deportation.

In addition to all of that, if you end up starting over with a spousal petition--after your son's case has completed--you will need a lot of proof of valid marriage. From your timeline, it looks like they have already considered one of your spousal petitions "for immigration purposes" and having this as a problem with a subsequent divorce will make it even more difficult to prove a new marriage valid.

There are just a lot of twists and turns to overcome in addition to the normal craziness of the immigration process.

[easterlilly]

In your first response, if I applied for I212 that means even if my son filed petition for me, I could use my USC husband, and parents hardships ?
in regards to your 2nd response. when I recieved an order from the judge, it was exclusion. what is the difference between exclusion and deportation.
They said that when I left US as a voluntary deportation, it will not count all the charges against me before, I just have to show harships. in regards of marriage, I can definitely show proof of valid marriage.because we have been married now for 6 years and still together. Even on the first charges against me , the marriage was valid, we have a USC son, photos to prove and residency, its just my husband was confused when he filled up the dates. The letter I recieved in regards of this notice to deny saying it was my husband's burden to prove our residency, but the thing was we were at the middle of separation and he was no where to be found , reason whey we were not able to correct or defend our case.

[JMRJ]

Okay, I dig and dig this information about qualifying relatives and I found out that your son is not a qualifying relative for the I-601. It's a waste of time and money. Your husband needs to petition you so he can be the qualifying relative. A qualifying relative depends on the ground of inadmissibility.

A waiver for misrepresentation or unlawful presence requires "the refusal of admission to such immigrant alien would result in extreme hardship to the citizen or lawfully resident spouse or parent of such alien."

a waiver for criminal history requires "that the alien's denial of admission would result in extreme hardship to the United States citizen or lawfully resident spouse, parent, son, or daughter of such alien." (click on 212h.)


INA 212(a)(9)(B)(v)
Waiver.-The Attorney General has sole discretion to waive clause (i) in the case of an immigrant who is the spouse or son or daughter of a United States citizen or of an alien lawfully admitted for permanent residence, if it is established to the satisfaction of the Attorney General that the refusal of admission to such immigrant alien would result in extreme hardship to the citizen or lawfully resident spouse or parent of such alien. No court shall have jurisdiction to review a decision or action by the Attorney General regarding a waiver under this clause.

Waiver of ineligibility--INA 212(h). If an immigrant visa applicant is ineligible under INA 212(a)(2)(B) (http://www.uscis.gov/propub/template.htm?view=document&doc_action=sethitdoc&doc_hit=1&doc_searchcontext=jump&s_context=jump&s_action=newSearch&s_method=applyFilter&s_fieldSearch=nxthomecollectionid|slb&s_fieldSearch=foliodestination|act212a2B&s_type=all&hash=0-0-0-2277)but is qualified to seek the benefits of INA 212(h) (http://www.uscis.gov/propub/template.htm?view=document&doc_action=sethitdoc&doc_hit=1&doc_searchcontext=jump&s_context=jump&s_action=newSearch&s_method=applyFilter&s_fieldSearch=nxthomecollectionid|slb&s_fieldSearch=foliodestination|act212h&s_type=all&hash=0-0-0-2727), the consular officer shall inform the alien of the procedure for applying to INS for relief under that provision of law. A visa may not be issued to the alien until the consular officer has received notification from INS of the approval of the alien's application under INA 212(h (http://www.uscis.gov/propub/template.htm?view=document&doc_action=sethitdoc&doc_hit=1&doc_searchcontext=jump&s_context=jump&s_action=newSearch&s_method=applyFilter&s_fieldSearch=nxthomecollectionid|slb&s_fieldSearch=foliodestination|act212h&s_type=all&hash=0-0-0-2727)

You definitely need to have a long talk to your lawyer about this one... your son is not statutorily eligible to be a qualfying relative.

You should not need an I-212. You were in a lenghty deportation proceedings but you were not deported. You left the U.S. through Voluntary Departure.

Get prepared to compile evidence of a bona fide relationship because a possibility of more scrutiny regarding your marriage might occur.

[emt103c]

JMRJ, that's what I thought too, it's the same in the Misrepresentation link that I posted above.

Read her timeline too.

Lilly-- I'm with you on the valid marriage. Continue to compile evidence because what I was quoting was where they referred to your prior marriage as invalid. I do not agree/disagree with their assertion, but there is no real method to argue your case against them. They get the final say. Just keep compiling evidence to prove your point. It is a long and difficult history. I am sure you are looking forward to concluding your case eventually in victory. Unfortunately, I think you are going to have to do that with a spousal petition, not a parental one.

This is also what kitkat told you in the other forum. . .you can trust what she tells you above many attorneys in the world.

[JMRJ]

emt - Yes, I read her timeline. While she was in deportation proceedings, she applied for another form of relief - AOS - along with filing a waiver which was denied. She left in September 2006. But then she quoted on her first post:


The INS lost my waiver, we refiled again, but the judge refused to review them. I was given a 2 weeks to leave the country after I was given a voluntary departure. I left, and paid my own ticket.


I assumed this departure was on September 2006. and she qualified for voluntary departure.

I also read and agreed with the misrepresentation link. The other quote I posted was to point out the different grounds of inadmissibility to determine who is the qualifying relative... just to be 100% sure that her son is not allowed to file the waiver for her.

[emt103c]

Yes, I'm afraid the VD vs. deportation is the least of worries in this case.

[easterlilly]

I called my lawyer and asked her what kind of waiver we are filing and why my son is filing the petition and not my husband. she told me that the immigration in the United States agreed with her argument that I did not commit fraud and thus did not require a waiver. Unfortunately, they issued the decision after I left the U.S.. Their decision is not binding on the consulate. However, she said she will make that argument a second time to the consulate and include Immigration's decision.Also
according to her since I am seeking a 601 waiver based on fraud, a different provision applies (INA 212(i)). This states that only a spouse or parent can demonstrate extreme hardship. It doesn't need to be the person who is filing the petition, just someone who has the appropriate relationship with you. The 601 form is used for various types of waivers. Anyone can comment on this.

[JMRJ]

Well, here we go again. Hopefully you won't require a waiver. That would be very good easterlilly.

Okay, okay, after I was spending half an hour on any of Laurel's statement (one of my most trusted persons on immigration matters) I finally confirmed that your husband is a qualifying relative. Sounds like your lawyer is on the right track:

laurafern11: For Diane&Rod - Diane is a USC married to Rod, who is an LPR from Mexico who adjusted under the 1986 amnesty. Rod has a daughter who presumably EWI and has a 9(b) bar. Diane petitioned the EWI step-daughter and her appointment in CDJ is coming up. They know they need a waiver but we were discussing whether Rod's hardships will also be taken into consideration. Although he is not the petitioner, he and Diane are both valid qualifying relatives. Do only Diane's hardships "count" because she is the petitioner or can any qualifying relatives hardships be counted for the purposes of the I-601?

Laurel: Hardship to any and all qualifying relatives are considered for the I-601. It does not have to be the petitioner. It could even be a DV lottery visa with no petitioner.

You can finally take a deep breath now on this one.. and me too..and emt.:)

Phew!:dizzy:

[easterlilly]

thank you I am relief. So everything right now is at the hands of Atty. Gen or the consulate to give me a visa. My next question is what is going to happen when I recieve an interview date? Would I be ask a question like the interview in I-130 that I have to be ask different question. How can present myself to the consulate and present my waiver after being denied in my son's petition? What are other documents I need to prepare to support the waiver my lawyer is preparing for me?

[emt103c]

Phew!:dizzy:

I'm with you!

[JMRJ]

I'm with you!
LOL!

thank you I am relief. So everything right now is at the hands of Atty. Gen or the consulate to give me a visa. My next question is what is going to happen when I recieve an interview date? Would I be ask a question like the interview in I-130 that I have to be ask different question. How can present myself to the consulate and present my waiver after being denied in my son's petition? What are other documents I need to prepare to support the waiver my lawyer is preparing for me?
First, you'll go to the normal visa interview process, asking questions about your biograhics, about the documents you submit and any relevant information available to the Embassy, about your prior presence to the U.S. and determines your eligibility to be issued the visa. If the consular officer determines that you are not eligible for visa issuance, this will be explained to you and you will be provided a written refusal sheet that informs you the basis for the determination of visa ineligibility under U.S. immigration law and if a waiver of ineligibility is available. You will be informed to go back or ask for an appointment to submit your waiver. You will be instructed by your lawyer on the supporting evidence you will need to come up with depending on your husband's hardship arguments - hardships to his health, financial, educational or personal considerations.

General info on preparing for the visa interview here: (http://manila.usembassy.gov/wwwh3219.html)

[easterlilly]

[QUOTE=easterlilly;163405]As I was trying to gather all information, I found out some information. I am not sure if I committed fraud or misrep.


http://tickers.TickerFactory.com/ezt/d/4;10720;129/st/19870114/e/Petition+History/dt/12/k/0b33/event.png
[/url]

:innocent:
This information was indicated from the Motion to Deny
[B]
[COLOR="Red"]

Jan 22, 1987---filed the first petition in Guam , addressed to MPo , Guam
Sept23, 1988- --petition approved
Jan 22, 1987----file another petition in but was returned due to additional evidence
March 9, 1989---husband refiled a second petition, address to CA. G-325 shows residence conflicting to the one written in the petition)
May 7, 1989----Petition approved
Jan, 23, 1990----Issued immigrant visa at Manila Consulate
April 7, 1990------addmitted in Chicago
May 29, 1990-----departed chicago, remained permanently
Oct 21, 1991-----applied visa as returning residence at Manila , Embassy, Denied, because I was not a returning residence.
Jan 2, 1992-----applied for a tourist visa, and was granted
June 25, 1992----filed application for replacement ARC- confusedly claimed I had not resoded outside United States more than a year. Denied
Mar 12, 1992----applied for AOS in Chicago, returned b/c my petitioner was not present
It concludes that all the my ex husbands address was mistakenly or confusingly indicated that me and my exhusband do not claimed a common residence in the past five years. Matter of M- 8 I&N Dec. 217 (BIA 1958);Matter of law, 11 I&N Dec.148 (D.D. 1968). The INS assumed that we had a fixed marriage or the marriage was invalid.
Jan 1993----recv'd letter from INS said I abandoned my LPR. Did not established residency in the US
Jan 1993----husband file another aOS-
Jan 11, 1994---requested parole to pick up my son in the Philppines, Granted
Feb 1994-------AOS denied
Jan 15, 1995-----divorced husband
Mar 3, 1995------remmary
Mar 1995---------filed petition
May 1995--------petition denied--
Oct 1996--------Exclusion proceeding , Order of the Immigration Judge
1996-----------divorced
Feb 7, 1997-----USC son filed petition for me
Sep 29, 1998--application for I-485
Nov 29, 2001---married a USC
July 2002-------appliedfor INA sec 245(a)
Jan 10, 2003----Applied for Motion to Reopen
Sep 22, 2003---Interview for I-485
Change Lawyer:
Feb 2005 ------new lawyer
Feb 24, 2005-------I-765
Mar 15, 2006----Interview with BIA officer. She requested that I should file a waiver
June 2006----submitt waiver
Jul 24, 2006----Notice of Decision to Deny application for AOS Sept 22, 1998
July 27, 2006---Recied notice of deportation ( Sept 10, 2006)
July 27, 2006 till Sept 10, 2006---- follow up the waiver filed in June, it was misplaced, contacted Adjudication officer to stop deportation, refiled the waiver, granted extension of deportation till Sept 15, 2006.
Sept 15, 2006 @8:00---recvd a call from lawyer, Adjudication officer denied my request
Sept 15, 2006 11:00 am-----left chicago, and family
Nov 2006---waiver found, reopen
Mar 2006----Waiver denied
April 2006---case closed
Nov 2007----son petition is still open at the NVC
March 2007-- recv DS230, son will submitt income tax return and affidavit of support
April 16, 2008---mailed in DS230 to my lawyer in chicago

[emt103c]

That's okay because they are basically the same thing and carry the same ban in immigration law, they are pretty much interchangeable in that respect.