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DAP Forums > DREAM Act > The Lounge

Has anyone with a removal order traveled on AP (and possibly adjusted status)? - Page 2

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#11
11-24-2016, 10:45 PM
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#12
11-25-2016, 12:33 AM
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Joined in Feb 2012
775 posts
juvi
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Quote:
Originally Posted by desice View Post
From what I have read removal order has to be terminated. I'm assuming your past your limits to file a motion towards your removal case...

File a joint motion to reopen with your regional OCC. You'll need a lawyer. You will also need some benefit/way to adjust your status that was not available to you at time of removal. Once The government agrees to reopen the case and terminate, the joint motion goes to the immigration judge that originally ordered you removed. And he/she makes a decision. At this point, I think you as might as well just wait til you have your greencard in hand.

I tried a joint motion when I got my daca. It was denied. Got married to USC, approved I-130, tried again August 2015, denied Feb 2016. I think lawyer didn't give enough of a background to my story, but we tried again as to why I deserved some prosecutorial discretion, and they approved. Got sent to judge. He denied because Joint motion not filled correctly. Lawyer didn't tell me. He resent the motion to OCC. they received it, and allegedly forwarded to the judge (around July 2016). Still waiting. A lot of fucking waiting. These Judges have a lot of power... You'd think this would be a straight forward decision for him.
Damnn I just hired an attorney to attempt some of the stuff you mention here, I had hopes that we'll be able to reopen my case but your case isn't encouraging at all. It seems your lawyer wasn't very good/thorough, do you think that play a factor in the decisions you received?
We just submitted a FOIA so we can proceed on a game plan.
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#13
11-26-2016, 11:34 AM
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Joined in Sep 2007
832 posts
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anitagreencard
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Quote:
Originally Posted by desice View Post
From what I have read removal order has to be terminated. I'm assuming your past your limits to file a motion towards your removal case...

File a joint motion to reopen with your regional OCC. You'll need a lawyer. You will also need some benefit/way to adjust your status that was not available to you at time of removal. Once The government agrees to reopen the case and terminate, the joint motion goes to the immigration judge that originally ordered you removed. And he/she makes a decision. At this point, I think you as might as well just wait til you have your greencard in hand.

I tried a joint motion when I got my daca. It was denied. Got married to USC, approved I-130, tried again August 2015, denied Feb 2016. I think lawyer didn't give enough of a background to my story, but we tried again as to why I deserved some prosecutorial discretion, and they approved. Got sent to judge. He denied because Joint motion not filled correctly. Lawyer didn't tell me. He resent the motion to OCC. they received it, and allegedly forwarded to the judge (around July 2016). Still waiting. A lot of fucking waiting. These Judges have a lot of power... You'd think this would be a straight forward decision for him.
Welp, that just made me a little sad. My family was granted voluntary departure in 2000, which turned into a final order (I was 10 years old at the time). I just got married and i'm about to start the process now. It feels like a long road ahead of us.. Please keep us updated..

I just want to remind DAP users that adjusting status is not as straight forward as many may think. If you're an EWI, I really hope you've fixed it through AP because it will save you a HUGE headache in the future.
__________________
Sent:9-17-2012 | Delivered: 9-18-2012 | Electronic I-797C Received: 9-20-2012 routed to Vermont |
I-797C Received:9-24-2012| Biometrics Appt: 9-27-2012 for 10-23-2012| Biometrics Walk-in: 10-9-2012 |
Approved: 6-5-13 | EAD Arrived: 6-10-13
Last edited by anitagreencard; 11-26-2016 at 11:40 AM..
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#14
11-26-2016, 12:10 PM
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Quote:
Originally Posted by Demise View Post
So, I had one member who did travel on AP with a removal order private message me.
He was allowed back into US, but hasn't attempted to AOS yet, so the question regarding applicability of 212(a)(9)(A) and 212(a)(6)(B) bans is still very much valid. Thing is - since AP entrants are arriving aliens, there will never be a BIA decision in this case. So whatever AAO will decide will be law.


Just out of curiosity I sent a request for a joint motion to reopen with the ICE office at the Phoenix court, just so I can do AP. I'm 99% sure they'll tell me to go fuck myself but we shall see what they say, if anything.
Even if we are allowed back in with a removal order, we've executed the order right? And we'd have to file an i-212 to adjust eventually.

WOOPS, stupid question because thats the point of the thread..
__________________
Sent:9-17-2012 | Delivered: 9-18-2012 | Electronic I-797C Received: 9-20-2012 routed to Vermont |
I-797C Received:9-24-2012| Biometrics Appt: 9-27-2012 for 10-23-2012| Biometrics Walk-in: 10-9-2012 |
Approved: 6-5-13 | EAD Arrived: 6-10-13
Last edited by anitagreencard; 11-26-2016 at 12:17 PM..
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#15
11-29-2016, 07:39 PM
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Joined in Feb 2012
775 posts
juvi
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Quote:
Originally Posted by Demise View Post
So, I had one member who did travel on AP with a removal order private message me.
He was allowed back into US, but hasn't attempted to AOS yet, so the question regarding applicability of 212(a)(9)(A) and 212(a)(6)(B) bans is still very much valid. Thing is - since AP entrants are arriving aliens, there will never be a BIA decision in this case. So whatever AAO will decide will be law.


Just out of curiosity I sent a request for a joint motion to reopen with the ICE office at the Phoenix court, just so I can do AP. I'm 99% sure they'll tell me to go fuck myself but we shall see what they say, if anything.
Demise, did you ever get a response to this motion?
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#16
11-29-2016, 10:57 PM
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Joined in Aug 2012
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Oh boy am doomed
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Application filled out by - Myself (feeling like a bad ass lawyer, haha)
App Sent: 8/15/2012 USCIS Dallas Lockbox USPS overnighted that baby fast! Received: 8/16
I-797c received on 8/27 Biometric appointment on 9/17 (done on 9/13)

APPROVED OCT 14
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