Alfonso G. Urroz

Hello there, my wife and I are originally from Nicaragua. I was in the US
from Sept. 1980 to Feb. 1985. During that time I was under "Immigration
Proceeding", asking for asylum in the US. Some time in 1984, I received a
letter from the INS, telling me that I didn't qualify for asylum, then I
went to the INS office in Miami, Fla., I showed them my papers, and they
told me to wait to be call in front of an Immigration Judge, and that at
that moment I could if I wished re-apply for olitical asylum again,
however this never took place because I left the US in 1985, and moved to
Canada. After a month of living in Canada, I sent the INS photocopies of
all my documents, telling them to stop all proceedings as I was no longer
in the US, and that I was granted "Landed Immigrant" status in Canada
(same as PR in the US), the INS never answered back.

while in the US in 1982, my wife and I had a daughter, ofcourse she is a
US citizen by birth, and now lives in the US, she wants to claim me and my
wife as US permanent residents, and I understand the right form is the
I-130. My question is what to answer on question 16?, as I mentioned
before, I assume I must answer yes to that question, and say where (Miami,
Fla. in this case) and the when will be from Sept. 1980 to Feb. 1985. Now
for the rest of the question, I think my answer should be to check the
"Recission" box, because I was not Removed, nor was I excluded/deported,
and I asked for the Judicial Proceeding to be terminated, when I wrote to
the INS from Canada.

Another small question is, does my daugther has to file also a sponsorship
(financial) form for us?

Thanks.

Alfonso G. Urroz
[email protected]

Folinskyinla

Hi:

Based upon YOUR description -- you were never in "proceedings" because your case never went to the Immigration Judge.

"Recission" is a type of case in which one already has a green card via adjustment of status -- these proceedings are quite rare. You never had a green card, so it doesn't apply to you.

Make sure YOUR "A" number gets on the I-130 form. This discloses the existence of a file. If you were in fact, placed in proceedings, the error is "innocent" and also not "material." On top of that, note that your DAUGHTER is the one making the representations on the I-130, not you.

BTW, do note that your daughter need NOT make out G-325A forms like is done on SPOUSAL I-130's.

Alfonso G. Urroz

Folinskyinla <member4043@british_expats.com> wrote:

    >> Hello there, my wife and I are originally from Nicaragua. I was in the
    >> US
    >> from Sept. 1980 to Feb. 1985. During that time I was under
    >> "Immigration
    >> Proceeding", asking for asylum in the US. Some time in 1984, I
    >> received a
    >> letter from the INS, telling me that I didn't qualify for asylum, then
    >> I
    >> went to the INS office in Miami, Fla., I showed them my papers, and
    >> they
    >> told me to wait to be call in front of an Immigration Judge, and that
    >> at
    >> that moment I could if I wished re-apply for olitical asylum again,
    >> however this never took place because I left the US in 1985, and moved
    >> to
    >> Canada. After a month of living in Canada, I sent the INS photocopies
    >> of
    >> all my documents, telling them to stop all proceedings as I was no
    >> longer
    >> in the US, and that I was granted "Landed Immigrant" status in Canada
    >> (same as PR in the US), the INS never answered back.
    >> while in the US in 1982, my wife and I had a daughter, ofcourse she is
    >> a
    >> US citizen by birth, and now lives in the US, she wants to claim me
    >> and my
    >> wife as US permanent residents, and I understand the right form is the
    >> I-130. My question is what to answer on question 16?, as I mentioned
    >> before, I assume I must answer yes to that question, and say where
    >> (Miami,
    >> Fla. in this case) and the when will be from Sept. 1980 to Feb. 1985.
    >> Now
    >> for the rest of the question, I think my answer should be to check the
    >> "Recission" box, because I was not Removed, nor was I
    >> excluded/deported,
    >> and I asked for the Judicial Proceeding to be terminated, when I wrote
    >> to
    >> the INS from Canada.
    >> Another small question is, does my daugther has to file also a
    >> sponsorship
    >> (financial) form for us?
    >> Thanks.
    >> Alfonso G. Urroz
    >> [email protected]

    > Hi:

    > Based upon YOUR description -- you were never in "proceedings" because
    > your case never went to the Immigration Judge.

    > "Recission" is a type of case in which one already has a green card via
    > adjustment of status -- these proceedings are quite rare. You never had
    > a green card, so it doesn't apply to you.

    > Make sure YOUR "A" number gets on the I-130 form. This discloses the
    > existence of a file. If you were in fact, placed in proceedings, the
    > error is "innocent" and also not "material." On top of that, note
    > that your DAUGHTER is the one making the representations on the I-
    > 130, not you.

    > BTW, do note that your daughter need NOT make out G-325A forms like is
    > done on SPOUSAL I-130's.

    > --
    > Certified Specialist
    > Immigration & Nat. Law
    > Cal. Bar Board of Legal Specialization
    > Posted via http://britishexpats.com

Hi there, thanks for the quick answer, so my daughter, should answer
"NO" to question 16, right?

I do remember havinn a A number, but I don't have it with me anymore, I
lost all those papers. Is there any way to find that number out?

Thanks.

Alfonso G. Urroz
[email protected]