Results 1 to 4 of 4

Thread: Complicated AOS

  1. #1
    Newbie
    Points: 3,519, Level: 24
    Level completed: 88%, Points required for next Level: 31
    Overall activity: 99.0%
    Achievements:
    New Achievement!Veteran1000 Experience Points

    Join Date
    Oct 2012
    Posts
    14
    Points
    3,519
    Level
    24
    Thanks
    1
    Thanked 1 Time in 1 Post
    Time Online
    3 Hrs 43 Mins 31 Secs
    Avg. Time Online
    7 Secs

    Complicated AOS

    I wanted to know what you guys think about this. I do have an attorney and they believe I will definitely have no issues despite a complicated immigration history. However,



    - Entered in '94 on B2
    - Overstayed on B2 in '95
    - Parent finds immigration help in '05- I-360 is filed by 'immigration help' and signed by me-Didn't know it was a religious worker visa filed, thought it was VAWA based through parent's case
    - HSI contacts and decides to helps HSI as witness against "immigration help" in '07- HSI Gives Deferred Action w/ NTA, but it has no date.
    - "Immigration help" is arrested and charged for almost 20 counts of visa fraud and more in '11. Case is dismissed 1 year later, judge accepts criminally insane argument from defense. Government decides not to pursue case further.
    - '12 Final Deferred action given by HSI
    - '14 Filed for DACA just before '14 NTA appears with proper court date and charge is Visa Overstay...no fraud. Hired lawyer for defense in court, they request more time based on properly filed DACA. However, Government offers to "admin close" while DACA is pending. DACA is approved and case is admin closed.
    - '15 met wife and dated
    - late '16- Wife and I married, Lawyer prepares for AOS.
    - mid '17- AOS ready by lawyer and is sent to Texas. Just finished Bio metrics. Lawyer currently filing with immigration court using receipt....

    So what is your analysis?

  2. #2
    Newbie
    Points: 1,938, Level: 17
    Level completed: 94%, Points required for next Level: 12
    Overall activity: 27.0%
    Achievements:
    New Achievement!1 year registered1000 Experience Points

    Join Date
    Jul 2015
    Location
    North Carolina
    Posts
    96
    Points
    1,938
    Level
    17
    Thanks
    26
    Thanked 13 Times in 13 Posts
    Time Online
    1 Day 1 Min 45 Secs
    Avg. Time Online
    1 Min 41 Secs
    My Mood
    Blah
    Country: Morocco
    Sounds like you're looking at a motion to re-open and terminate your removal proceedings. Admin closed just lets you walk free, but the only way to AOS is to actually have them terminated. You're filing AOS in front of an immigration judge or going for a traditional USCIS AOS? Depending on the court back logs, that could be a better bet. Plus judges know a lot more about complications. Unless your lawyer can reopen and terminate, expect a USCIS filed AOS to kick back to you guys til thats done and then this will be when you could opt to AOS in front of the judge himself. Often a removal cant be terminated until the i130 is approved so its a slow boat no matter how you slice this.

    I think you guys will interview twice, once for the i130 and again for the 485....standard procedure for this, not a big deal but just a time eating thing. You could end up getting your 10yr card when its all said and done if things take long enough. That was how it went with us (took 2.5yr), it was both a curse and a blessing in that sense. You're gonna be fine, but it will take a while

  3. The Following User Says Thank You to Becca&Youssef For This Useful Post:

    Gladiator (07-16-2017)

  4. #3
    Newbie
    Points: 3,519, Level: 24
    Level completed: 88%, Points required for next Level: 31
    Overall activity: 99.0%
    Achievements:
    New Achievement!Veteran1000 Experience Points

    Join Date
    Oct 2012
    Posts
    14
    Points
    3,519
    Level
    24
    Thanks
    1
    Thanked 1 Time in 1 Post
    Time Online
    3 Hrs 43 Mins 31 Secs
    Avg. Time Online
    7 Secs
    @Becca&Youssef

    That would be correct. It seems motion to re-open and terminate would be the next logical step. TSC(Texas Service Center) seems really quick with I-130(On may 31st applications as I write this). Before, the lawyer was trying to contact government attorney for joint termination before filing, but have not been able to get in touch. Lawyer decided to simply file AOS first with Texas Service Center first, then use receipt from USCIS and same evidence to file with immigration court, in addition will be forwarding information to ICE counsel.

  5. #4
    Newbie
    Points: 1,938, Level: 17
    Level completed: 94%, Points required for next Level: 12
    Overall activity: 27.0%
    Achievements:
    New Achievement!1 year registered1000 Experience Points

    Join Date
    Jul 2015
    Location
    North Carolina
    Posts
    96
    Points
    1,938
    Level
    17
    Thanks
    26
    Thanked 13 Times in 13 Posts
    Time Online
    1 Day 1 Min 45 Secs
    Avg. Time Online
    1 Min 41 Secs
    My Mood
    Blah
    Country: Morocco
    Quote Originally Posted by Gladiator View Post
    @Becca&Youssef

    That would be correct. It seems motion to re-open and terminate would be the next logical step. TSC(Texas Service Center) seems really quick with I-130(On may 31st applications as I write this). Before, the lawyer was trying to contact government attorney for joint termination before filing, but have not been able to get in touch. Lawyer decided to simply file AOS first with Texas Service Center first, then use receipt from USCIS and same evidence to file with immigration court, in addition will be forwarding information to ICE counsel.

    You wont get in touch. I don't know why, but it seems that 95% of the time, the joint motion to terminate before the actual day in court is never responded to. Ours tried the same, about 2mo before the upcoming court date and we got nothing and had to wait.

Thread Information

Users Browsing this Thread

There are currently 1 users browsing this thread. (0 members and 1 guests)

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •