AOS Application Rejected Based on Overstay
Hi,
My wife's AOS-Green Card application has been rejected based on unlawful stay in US. In 2001 when my wife came to US her I94 was blank - no expiry date was entered on that. Here Visa was stamped upto 2006 in passport. Based on that fact our lawyer advise us that we don't need to file for her extension. She can stay in US until her stamp visa expires. In 2007 she went to our native county and get new extension stamp in passport and re-enter into US.
Only at time of AOS process they denied her application stating she was unlawfully present in US from 2004 to 2007 and leaving country has triggered 10 year bar against her. And re-entering in US consider as unlawful present in US as per section 212(a)(9)(B)(i)(II) you will be inadmissible to US.
1. IS this mean she can't re-enter into US for lifetime?
2. Currently she is in US. In that case can USCIS initiate her deportation process?
3. IS there way to know whether her deportation process has initiated?
4. After staying for 11 yrs in US; we are fine with leaving country with our two US born kids. But is there way to fight for life-long ban on re-entering into US?
I know it's many questions but really looking for some guidance in this.
Thanks in Advance,
Rwe
Re: AOS Application Rejected Based on Overstay
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Quoting
rweworld
Only at time of AOS process they denied her application stating she was unlawfully present in US from 2004 to 2007 and leaving country has triggered 10 year bar against her. And re-entering in US consider as unlawful present in US as per section 212(a)(9)(B)(i)(II) you will be inadmissible to US.
1. IS this mean she can't re-enter into US for lifetime?
Can you rewrite the bolded portion of your scenario such that it is a cogent sentence? If you're telling us that she has a lifetime bar, we have to go with what you're telling us. But it's not clear what you're trying to say.
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Quoting rweworld
2. Currently she is in US. In that case can USCIS initiate her deportation process?
So she entered illegally after being excluded at the border? Or what?
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Quoting rweworld
3. IS there way to know whether her deportation process has initiated?
If you know the immigration court where proceedings might be initiated, you can check with the court to see if a case is open in her name.
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Quoting rweworld
4. After staying for 11 yrs in US; we are fine with leaving country with our two US born kids. But is there way to fight for life-long ban on re-entering into US?
You may benefit from consulting an immigration lawyer with the specifics of the case. You may be able to find one who speaks your native language or has a translator, if communication is an issue.
Re: AOS Application Rejected Based on Overstay
How did she reenter if she had no visa stamp?
Re: AOS Application Rejected Based on Overstay
During our visit to native country we got our visa stamp based on H1 extension.
We also mentioned this in our motion to reopen application. But our appeal got denied.
Do we have chance to get any positive reply from DC appeal's court - If we re-appeal there?
Re: AOS Application Rejected Based on Overstay
You can generally only appeal an error of law - that doesn't sound like your situation fits that.
Sorry.
You NEED to speak with an attorney if you want to stand ANY chance of the decision being reversed.