Please need your help...VWP and eligibility to appeal before Immigration Judge
Dec 11th 2003, 4:11 pm
#1
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Joined: Oct 2003
Posts: 15
Please need your help...VWP and eligibility to appeal before Immigration Judge
Hi everybody...this is for my friend...i will be thankful if anybody can give some idea on it...please...
He entered the US on Visa Waiver Program (VWP) and He has a pending JOINT I-751 that most likely will be replaced for a WAIVER I-751 once divorce is final, if his waiver I-751 is denied and then he will be in removal proceedings can he ask for a review of adminitrative decision and then appeal IJ does not change USCIS decision?
Does the fact that he entered on VWP also waives his rights to appear in front of IJ or Board of Appeals?
What about if one of the grounds for waiver I-751 is being subject to extreme mental cruelty?
THANK YOU FOR READING MY POST AND YOUR VALUABLE RESPONSES IN ADVANCE>
He entered the US on Visa Waiver Program (VWP) and He has a pending JOINT I-751 that most likely will be replaced for a WAIVER I-751 once divorce is final, if his waiver I-751 is denied and then he will be in removal proceedings can he ask for a review of adminitrative decision and then appeal IJ does not change USCIS decision?
Does the fact that he entered on VWP also waives his rights to appear in front of IJ or Board of Appeals?
What about if one of the grounds for waiver I-751 is being subject to extreme mental cruelty?
THANK YOU FOR READING MY POST AND YOUR VALUABLE RESPONSES IN ADVANCE>
Dec 11th 2003, 4:18 pm
#2
SUPER CRUNCHY BALCONY COW
Joined: Jul 2003
Posts: 9,476
Re: Please need your help...VWP and eligibility to appeal before Immigration Judge
Originally posted by poroxod
Hi everybody...this is for my friend...i will be thankful if anybody can give some idea on it...please...
He entered the US on Visa Waiver Program (VWP) and He has a pending JOINT I-751 that most likely will be replaced for a WAIVER I-751 once divorce is final, if his waiver I-751 is denied and then he will be in removal proceedings can he ask for a review of adminitrative decision and then appeal IJ does not change USCIS decision?
Does the fact that he entered on VWP also waives his rights to appear in front of IJ or Board of Appeals?
What about if one of the grounds for waiver I-751 is being subject to extreme mental cruelty?
THANK YOU FOR READING MY POST AND YOUR VALUABLE RESPONSES IN ADVANCE>
Hi everybody...this is for my friend...i will be thankful if anybody can give some idea on it...please...
He entered the US on Visa Waiver Program (VWP) and He has a pending JOINT I-751 that most likely will be replaced for a WAIVER I-751 once divorce is final, if his waiver I-751 is denied and then he will be in removal proceedings can he ask for a review of adminitrative decision and then appeal IJ does not change USCIS decision?
Does the fact that he entered on VWP also waives his rights to appear in front of IJ or Board of Appeals?
What about if one of the grounds for waiver I-751 is being subject to extreme mental cruelty?
THANK YOU FOR READING MY POST AND YOUR VALUABLE RESPONSES IN ADVANCE>
BUMP!!
Dec 11th 2003, 4:25 pm
#3
BE Forum Addict
Joined: Oct 2002
Posts: 1,228
Re: Please need your help...VWP and eligibility to appeal before Immigration Judge
Lets say it together: GET A GOOD IMMIGRATION (ALIA) ATTORNEY.
Originally posted by poroxod
Hi everybody...this is for my friend...i will be thankful if anybody can give some idea on it...please...
He entered the US on Visa Waiver Program (VWP) and He has a pending JOINT I-751 that most likely will be replaced for a WAIVER I-751 once divorce is final, if his waiver I-751 is denied and then he will be in removal proceedings can he ask for a review of adminitrative decision and then appeal IJ does not change USCIS decision?
Does the fact that he entered on VWP also waives his rights to appear in front of IJ or Board of Appeals?
What about if one of the grounds for waiver I-751 is being subject to extreme mental cruelty?
THANK YOU FOR READING MY POST AND YOUR VALUABLE RESPONSES IN ADVANCE>
Hi everybody...this is for my friend...i will be thankful if anybody can give some idea on it...please...
He entered the US on Visa Waiver Program (VWP) and He has a pending JOINT I-751 that most likely will be replaced for a WAIVER I-751 once divorce is final, if his waiver I-751 is denied and then he will be in removal proceedings can he ask for a review of adminitrative decision and then appeal IJ does not change USCIS decision?
Does the fact that he entered on VWP also waives his rights to appear in front of IJ or Board of Appeals?
What about if one of the grounds for waiver I-751 is being subject to extreme mental cruelty?
THANK YOU FOR READING MY POST AND YOUR VALUABLE RESPONSES IN ADVANCE>
Dec 11th 2003, 4:55 pm
#4
Account Closed
Joined: Sep 2002
Posts: 16,266
Re: Please need your help...VWP and eligibility to appeal before Immigration Judge
Originally posted by poroxod
Hi everybody...this is for my friend...i will be thankful if anybody can give some idea on it...please...
He entered the US on Visa Waiver Program (VWP) and He has a pending JOINT I-751 that most likely will be replaced for a WAIVER I-751 once divorce is final, if his waiver I-751 is denied and then he will be in removal proceedings can he ask for a review of adminitrative decision and then appeal IJ does not change USCIS decision?
Does the fact that he entered on VWP also waives his rights to appear in front of IJ or Board of Appeals?
What about if one of the grounds for waiver I-751 is being subject to extreme mental cruelty?
THANK YOU FOR READING MY POST AND YOUR VALUABLE RESPONSES IN ADVANCE>
Hi everybody...this is for my friend...i will be thankful if anybody can give some idea on it...please...
He entered the US on Visa Waiver Program (VWP) and He has a pending JOINT I-751 that most likely will be replaced for a WAIVER I-751 once divorce is final, if his waiver I-751 is denied and then he will be in removal proceedings can he ask for a review of adminitrative decision and then appeal IJ does not change USCIS decision?
Does the fact that he entered on VWP also waives his rights to appear in front of IJ or Board of Appeals?
What about if one of the grounds for waiver I-751 is being subject to extreme mental cruelty?
THANK YOU FOR READING MY POST AND YOUR VALUABLE RESPONSES IN ADVANCE>
In passing from frient to you to this NG -- something may have gotten lost in translation.
If your post is an accurate factual statement, it may follow under the Supreme's old "Chew v Colding" case if one analogizes a VWT to a crewman.
But I have a feeling that your post is not factually accurate.
Dec 11th 2003, 5:29 pm
#5
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Joined: Oct 2003
Posts: 15
Re: Please need your help...VWP and eligibility to appeal before Immigration Judge
hi everybody ...
thanks a lot for reading my post...all i know about him is he came here on VWP and got married to US citizen....did AOS filing...got approved...and got conditional green card...Due to personal reasons they didnt get along and got separated....they filed joint I-751 and are waiting for divorce to happen....
please tell me....with the fact that he came here on VWP ...does this deny his right to appeal before immigration judge in case if his I-751 is revoked in any case....if you want some more info ...i am not in this field so it would be great if you specify ...what do you want to know...so i can ask him and provide you more information... Once again thank you for taking your valuable time....Pasha
thanks a lot for reading my post...all i know about him is he came here on VWP and got married to US citizen....did AOS filing...got approved...and got conditional green card...Due to personal reasons they didnt get along and got separated....they filed joint I-751 and are waiting for divorce to happen....
please tell me....with the fact that he came here on VWP ...does this deny his right to appeal before immigration judge in case if his I-751 is revoked in any case....if you want some more info ...i am not in this field so it would be great if you specify ...what do you want to know...so i can ask him and provide you more information... Once again thank you for taking your valuable time....Pasha
Dec 11th 2003, 5:39 pm
#6
Account Closed
Joined: Sep 2002
Posts: 16,266
Re: Please need your help...VWP and eligibility to appeal before Immigration Judge
Originally posted by poroxod
hi everybody ...
thanks a lot for reading my post...all i know about him is he came here on VWP and got married to US citizen....did AOS filing...got approved...and got conditional green card...Due to personal reasons they didnt get along and got separated....they filed joint I-751 and are waiting for divorce to happen....
please tell me....with the fact that he came here on VWP ...does this deny his right to appeal before immigration judge in case if his I-751 is revoked in any case....if you want some more info ...i am not in this field so it would be great if you specify ...what do you want to know...so i can ask him and provide you more information... Once again thank you for taking your valuable time....Pasha
hi everybody ...
thanks a lot for reading my post...all i know about him is he came here on VWP and got married to US citizen....did AOS filing...got approved...and got conditional green card...Due to personal reasons they didnt get along and got separated....they filed joint I-751 and are waiting for divorce to happen....
please tell me....with the fact that he came here on VWP ...does this deny his right to appeal before immigration judge in case if his I-751 is revoked in any case....if you want some more info ...i am not in this field so it would be great if you specify ...what do you want to know...so i can ask him and provide you more information... Once again thank you for taking your valuable time....Pasha
Now its clear. An adjustment is an "admission" in its own right. I had read your fact situation to the effect that he had left after adjustment and came back on a VWT.
Yes, he will get a hearing.
BTW, its an open question on whether or not a denied adjustment application of a VW entrant will entitle him to a proceeding before an Immigration Judge. I know of one case where the former INS took the position "no" and the attorney filed a habeas corpus proceeding -- and INS "mooted" the habeas by institution of removal proceedings.
Dec 11th 2003, 6:08 pm
#7
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Joined: Oct 2003
Posts: 15
Re: Please need your help...VWP and eligibility to appeal before Immigration Judge
Originally posted by Folinskyinla
Hi:
Now its clear. An adjustment is an "admission" in its own right. I had read your fact situation to the effect that he had left after adjustment and came back on a VWT.
Yes, he will get a hearing.
BTW, its an open question on whether or not a denied adjustment application of a VW entrant will entitle him to a proceeding before an Immigration Judge. I know of one case where the former INS took the position "no" and the attorney filed a habeas corpus proceeding -- and INS "mooted" the habeas by institution of removal proceedings.
Hi:
Now its clear. An adjustment is an "admission" in its own right. I had read your fact situation to the effect that he had left after adjustment and came back on a VWT.
Yes, he will get a hearing.
BTW, its an open question on whether or not a denied adjustment application of a VW entrant will entitle him to a proceeding before an Immigration Judge. I know of one case where the former INS took the position "no" and the attorney filed a habeas corpus proceeding -- and INS "mooted" the habeas by institution of removal proceedings.
Thank you for sparing your valuable time to reply my post...the fact is he didnt go to his country back after he got his conditional green card...he just entered USA at first on VWP and then got his conditionaL greEn card so this shouldnt matter right as i understand you....to appeal before Immigration Judge if in any condition he gets problem with his I- 751 be it joints or waiver....Thank you once again...God bless you...Pasha
Last edited by poroxod; Dec 11th 2003 at 7:17 pm.
