Horror story in Luisville

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Old Jun 23rd 2002, 5:20 am
  #1  
Hector Rojas
Guest
 
Posts: n/a
Default Horror story in Luisville

I just saw this in the local news:

This couple got married in '99, they filed for Removal of Conditions a few
months ago.

And here is the catch, unbeknownst to them, they did it AFTER the 90 days
deadline was met.

So when they received the NOA stating that the application was received and the visa
would be renewed for 12 months, the wife immediately applied for Advance Parole.

She was approved and traveled back to her country for a few weeks or so. She came
back and got in with no problems.

Now a few weeks ago she received a Deportation Letter!!

Reason being:

1. Since she did not file for Removal of Condition within the timeframe she fell out
of status.
2. When she traveled out of the US and reentered even with the Advance Parole, since
she was "out of status", the INS considers her entering the country "illegal".
Hence the deportation procedures.

They have appealed twice, both times with negatice results. So their only hope now is
to go to the National Immigration Board, in the meantime she is scheduled to be
deported in 49 days.

So people please pay attention to your due dates and timelines when it comes to
paperwork!

Hector
 
Old Jun 23rd 2002, 1:20 pm
  #2  
Ranjini
Guest
 
Posts: n/a
Default Re: Horror story in Luisville

<<So people please pay attention to your due dates and timelines when it comes to
paperwork!>>

I couldn't agree more!! Ranjini

"Hector Rojas" <[email protected]> wrote in message
news:[email protected]...
    > I just saw this in the local news:
    >
    > This couple got married in '99, they filed for Removal of Conditions a few
    > months ago.
    >
    > And here is the catch, unbeknownst to them, they did it AFTER the 90 days deadline
    > was met.
    >
    > So when they received the NOA stating that the application was received
and
    > the visa would be renewed for 12 months, the wife immediately applied for
    > Advance Parole.
    >
    > She was approved and traveled back to her country for a few weeks or so.
She
    > came back and got in with no problems.
    >
    > Now a few weeks ago she received a Deportation Letter!!
    >
    > Reason being:
    >
    > 1. Since she did not file for Removal of Condition within the timeframe
she
    > fell out of status.
    > 2. When she traveled out of the US and reentered even with the Advance Parole,
    > since she was "out of status", the INS considers her entering the country
    > "illegal". Hence the deportation procedures.
    >
    > They have appealed twice, both times with negatice results. So their only hope now
    > is to go to the National Immigration Board, in the meantime she
is
    > scheduled to be deported in 49 days.
    >
    > So people please pay attention to your due dates and timelines when it
comes
    > to paperwork!
    >
    > Hector
 
Old Jun 23rd 2002, 3:20 pm
  #3  
Jeffrey Scharpf
Guest
 
Posts: n/a
Default Re: Horror story in Luisville

Wow! Scary... thanks for the post..

"
 
Old Jun 24th 2002, 1:20 am
  #4  
Betastar
Guest
 
Posts: n/a
Default Re: Horror story in Luisville

Hrm - this didn't seem to show up the first time (or at least I didn't see it show
up) so I'm trying again....

This doesn't make sense to me. If she was applying for removal of conditions, it
means she had a green card.

There's no "visa" to be renewed for 12 months. There is a green-card to be renewed
or extended.

And therefore she'd need no AP at all.

Are you maybe talking that they applied for Adjustment of Status late, rather than
removal of conditions? And if so, then it sounds like it was YEARS late.

Do you have a link to where we might be able to read about this?

Betastar

On Sun, 23 Jun 2002 04:49:03 GMT, "Hector Rojas"
<[email protected]> wrote:

    >I just saw this in the local news:
    >
    >This couple got married in '99, they filed for Removal of Conditions a few
    >months ago.
    >
    >And here is the catch, unbeknownst to them, they did it AFTER the 90 days
    >deadline was met.
    >
    >So when they received the NOA stating that the application was received and the visa
    >would be renewed for 12 months, the wife immediately applied for Advance Parole.
    >
    >She was approved and traveled back to her country for a few weeks or so. She came
    >back and got in with no problems.
    >
    >Now a few weeks ago she received a Deportation Letter!!
    >
    >Reason being:
    >
    >1. Since she did not file for Removal of Condition within the timeframe she fell out
    > of status.
    >2. When she traveled out of the US and reentered even with the Advance Parole, since
    > she was "out of status", the INS considers her entering the country "illegal".
    > Hence the deportation procedures.
    >
    >They have appealed twice, both times with negatice results. So their only hope now
    >is to go to the National Immigration Board, in the meantime she is scheduled to be
    >deported in 49 days.
    >
    >So people please pay attention to your due dates and timelines when it comes to
    >paperwork!
    >
    >Hector
 
Old Jun 24th 2002, 2:20 am
  #5  
Mrs_blackross
Guest
 
Posts: n/a
Default Re: Horror story in Luisville

the OP's use of the word "visa" when talking about the extension was incorrect, but
the events sound about right for someone that did not file their removal of
conditions before the original green card expired. True she would not need AP with a
green card (conditional or not, extended or not), and by using it, she probably did
more harm than good.

...the conditional card and her status expires if conditions arent removed, so if
they didnt apply for removal before the 2 years was up, she was out of status and no
longer a permanent resident.. the letter indicating a 12 month extension of her
conditional green card is standard for removing condtions, so if she had applied in
time, it would have been valid, but since she didn't, the 12 month extension was
invalid because she was no longer a permanent resident. since she left the country
and returned on the AP, INS would be correct in sending her a deportation letter,
since her last entry was with an invalid document, and she is now technically in the
country illegally.

the story does make a very good point...keep track of your timeline, and KNOW when
you need to file your stuff to stay in status.

"Betastar" <[email protected]> wrote in message
news:[email protected]...
    > Hrm - this didn't seem to show up the first time (or at least I didn't see it show
    > up) so I'm trying again....
    >
    >
    >
    > This doesn't make sense to me. If she was applying for removal of conditions, it
    > means she had a green card.
    >
    > There's no "visa" to be renewed for 12 months. There is a green-card to be renewed
    > or extended.
    >
    > And therefore she'd need no AP at all.
    >
    >
    > Are you maybe talking that they applied for Adjustment of Status late, rather than
    > removal of conditions? And if so, then it sounds like it was YEARS late.
    >
    > Do you have a link to where we might be able to read about this?
    >
    > Betastar
    >
    >
    > On Sun, 23 Jun 2002 04:49:03 GMT, "Hector Rojas"
    > <[email protected]> wrote:
    >
    > >I just saw this in the local news:
    > >
    > >This couple got married in '99, they filed for Removal of Conditions a
few
    > >months ago.
    > >
    > >And here is the catch, unbeknownst to them, they did it AFTER the 90 days deadline
    > >was met.
    > >
    > >So when they received the NOA stating that the application was received
and
    > >the visa would be renewed for 12 months, the wife immediately applied for Advance
    > >Parole.
    > >
    > >She was approved and traveled back to her country for a few weeks or so.
She
    > >came back and got in with no problems.
    > >
    > >Now a few weeks ago she received a Deportation Letter!!
    > >
    > >Reason being:
    > >
    > >1. Since she did not file for Removal of Condition within the timeframe
she
    > >fell out of status.
    > >2. When she traveled out of the US and reentered even with the Advance Parole,
    > > since she was "out of status", the INS considers her entering the country
    > > "illegal". Hence the deportation procedures.
    > >
    > >They have appealed twice, both times with negatice results. So their only hope now
    > >is to go to the National Immigration Board, in the meantime she
is
    > >scheduled to be deported in 49 days.
    > >
    > >So people please pay attention to your due dates and timelines when it
comes
    > >to paperwork!
    > >
    > >Hector
 
Old Jun 24th 2002, 5:20 am
  #6  
Hector Rojas
Guest
 
Posts: n/a
Default Re: Horror story in Luisville

    > Are you maybe talking that they applied for Adjustment of Status late, rather than
    > removal of conditions? And if so, then it sounds like it was YEARS late.

Probably, but this is how they reported the story in the news.

    > Do you have a link to where we might be able to read about this?

No, sorry. Saw it in WHAS-11 news here in Louisville

Hector
 
Old Jun 25th 2002, 3:20 am
  #7  
Mrtravel
Guest
 
Posts: n/a
Default Re: Horror story in Luisville

Hector Rojas wrote:
    >
    > I just saw this in the local news:
    >
    > This couple got married in '99, they filed for Removal of Conditions a few
    > months ago.
    >
    > And here is the catch, unbeknownst to them, they did it AFTER the 90 days deadline
    > was met.

Do you mean after 90 days before the green card expired or after it had
already expired?

    >
    > So when they received the NOA stating that the application was received and
    > the visa would be renewed for 12 months, the wife immediately applied for
    > Advance Parole.

Why would she need AP? A I-751 extension says the green card is extended for 12
months. It is not a visa. If you have a green card, you don't need AP.
 
Old Jun 25th 2002, 12:20 pm
  #8  
Marieta
Guest
 
Posts: n/a
Default Re: Horror story in Luisville

This really sucks!!

I was just wondering, what are the options for this particular couple in case she
gets deported? Is she allowed back in the US after filing once again for I-130, or
not at all?
 
Old Jun 25th 2002, 3:04 pm
  #9  
Concierge
 
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Default Re: Horror story in Luisville

It is not the greatest thing in the world to have happen to you, I agree. However, they were entirely at fault by not filing in a timely manner. It looks like INS is cracking down but once again cracking down on the people who are trying to do things the right way. What about all the illegals in this country. Spend the mountain of money Congress has appropriated to the border parole and round them up and rent a boat and send them all home and work this those that are filing forms, paying money for fees and trying to work within the convoluted system known as INS.

Rete
Rete is offline  
Old Jun 25th 2002, 11:20 pm
  #10  
Betastar
Guest
 
Posts: n/a
Default Re: Horror story in Luisville

This doesn't make sense to me. If she was applying for removal of conditions, it
means she had a green card.

There's no "visa" to be renewed for 12 months. There is a green-card to be renewed
or extended.

And therefore she'd need no AP at all.

Are you maybe talking that they applied for Adjustment of Status late, rather than
removal of conditions? And if so, then it sounds like it was YEARS late.

Do you have a link to where we might be able to read about this?

Betastar

On Sun, 23 Jun 2002 04:49:03 GMT, "Hector Rojas"
<[email protected]> wrote:

    >I just saw this in the local news:
    >
    >This couple got married in '99, they filed for Removal of Conditions a few
    >months ago.
    >
    >And here is the catch, unbeknownst to them, they did it AFTER the 90 days
    >deadline was met.
    >
    >So when they received the NOA stating that the application was received and the visa
    >would be renewed for 12 months, the wife immediately applied for Advance Parole.
    >
    >She was approved and traveled back to her country for a few weeks or so. She came
    >back and got in with no problems.
    >
    >Now a few weeks ago she received a Deportation Letter!!
    >
    >Reason being:
    >
    >1. Since she did not file for Removal of Condition within the timeframe she fell out
    > of status.
    >2. When she traveled out of the US and reentered even with the Advance Parole, since
    > she was "out of status", the INS considers her entering the country "illegal".
    > Hence the deportation procedures.
    >
    >They have appealed twice, both times with negatice results. So their only hope now
    >is to go to the National Immigration Board, in the meantime she is scheduled to be
    >deported in 49 days.
    >
    >So people please pay attention to your due dates and timelines when it comes to
    >paperwork!
    >
    >Hector
 

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