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  1. #1
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: AOS Application Rejected Based on Overstay

    Quote Quoting rweworld
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    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.
    Quote 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?
    Quote 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.
    Quote 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.

  2. #2
    Join Date
    Jan 2007
    Posts
    1,695

    Default Re: AOS Application Rejected Based on Overstay

    How did she reenter if she had no visa stamp?

  3. #3
    Join Date
    Feb 2010
    Posts
    2

    Default 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?

  4. #4
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default 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.

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