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DAP Forums > DREAM Act > The Lounge

Official I-601A Thread - Page 34

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#331
01-23-2019, 12:08 PM
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Alby
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Quote:
Originally Posted by trac3rt View Post
Hey Alby, where are you in the process?

I have a similar problem. 1 encounter with CBP and 1 successful EWI a week later.

My lawyer is very VERY concerned I was given "Expedited Removal", but I don't think that was the case. As far as I can remember, I never signed any documents for my return, so a "Voluntary Return/Removal" is very likely. Either way, we are doing a CBP FOIA to find out exactly what happened.
I did FOIA’s for the two failed attempts and it doesn’t show I was given expedited removal. Also, for an expedited removal one is given an A-number. My only A-number is the one I got from DACA and in the file there is no I-860 (Exp removal)

I already submitted the docs to the Visa Center. As of now, I’m waiting for an appointment in Juarez. I might postpone or cancel if I see something fruitful in these shutdown talks, if not I’ll attend my interview.
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#332
01-23-2019, 12:17 PM
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Quote:
Originally Posted by Alby View Post
I did FOIA’s for the two failed attempts and it doesn’t show I was given expedited removal. Also, for an expedited removal one is given an A-number. My only A-number is the one I got from DACA and in the file there is no I-860 (Exp removal)

I already submitted the docs to the Visa Center. As of now, I’m waiting for an appointment in Juarez. I might postpone or cancel if I see something fruitful in these shutdown talks, if not I’ll attend my interview.
Thanks, that is very informative!

I am currently waiting on my FOIA results, but with the shutdown, the FOIA offices have not processed any requests. Hopefully soon!
Last edited by trac3rt; 01-24-2019 at 11:03 AM..
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#333
01-23-2019, 06:20 PM
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Quote:
Originally Posted by trac3rt View Post
Not sure about that one. You definitely do not want to go through the visa process. It looks to me like you already triggered the permanent ban. While, unlawful status does not start until 18 years old, the permanent ban can be triggered regardless of age.

Definitely check with a lawyer and see if you can AOS, since you had advance parole afterwards.
How does USCIS know if someone was EWI twice?
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#334
01-24-2019, 11:00 AM
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Quote:
Originally Posted by DACA-IR-DA View Post
How does USCIS know if someone was EWI twice?
I have no idea. Maybe they don't know.

You could tell the truth and be found inadmissible, or lie and also be found inadmissible. That is the risk you will have to be willing to take.

Talk to a lawyer.
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#335
01-24-2019, 05:44 PM
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Quote:
Originally Posted by trac3rt View Post
I have no idea. Maybe they don't know.

You could tell the truth and be found inadmissible, or lie and also be found inadmissible. That is the risk you will have to be willing to take.

Talk to a lawyer.
Telling the truth leads to NTA for deportation.

Lying leads to NTA too if they find out.

Not worth applying until reform passes or law to forgive multiple EWI’s.
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#336
01-25-2019, 05:40 PM
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Guys, what kind of evidence needs to be submitted for an I-130 for an undocumented adult (parent) being petitioned by her now 21 year old USC (my brother)?

Just the birth certificate? Seems like enough proof to me.
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#337
01-25-2019, 11:38 PM
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Quote:
Originally Posted by nydreamer View Post
Guys, what kind of evidence needs to be submitted for an I-130 for an undocumented adult (parent) being petitioned by her now 21 year old USC (my brother)?

Just the birth certificate? Seems like enough proof to me.
Legal entry or EWI?

https://www.uscis.gov/family/family-...nent-residents
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#338
01-26-2019, 06:31 PM
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Quote:
Originally Posted by DACA-IR-DA View Post
Legal entry or EWI?

https://www.uscis.gov/family/family-...nent-residents
EWI. It will just be for the i130.
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#339
01-27-2019, 02:14 AM
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Quote:
Originally Posted by nydreamer View Post
EWI. It will just be for the i130.
I would speak to a lawyer in this regards. You would need waiver as well when it comes to AOS. Many Dreamers who had DACA with AP used AP to cure their EWI.
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#340
01-27-2019, 02:24 AM
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Quote:
Originally Posted by nydreamer View Post
Guys, what kind of evidence needs to be submitted for an I-130 for an undocumented adult (parent) being petitioned by her now 21 year old USC (my brother)?

Just the birth certificate? Seems like enough proof to me.
From I-130 instructions:

A mother:
Submit a copy of your birth certificate showing your name and your mother ’s name.

A father:
Submit a copy of your birth certificate showing the names of both parents.
Also submit a copy of your parents’ marriage certificate establishing that your father was married to your mother. If either your mother or father were previously married, submit copies of documents showing that each of the prior marriages was legally terminated. If you are filing for a stepparent or adoptive parent, or if you are filing for your father and you were born out of wedlock, see Items D. , H., and I. in these Instructions for additional information on proving your family relationship.

Pretty much for the mother you only need a birth certificate, for the father you need a birth certificate and proof that your parents were married to one another or documentation proving that your father had some hand in raising you if you were born out of wedlock. Basically they don't want petitioning going on between people related by half their DNA and nothing else.
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I-360 approved: 11/10/2020
Motion to recalendar filed: 07/29/2022 Motion to recalendar approved: 08/30/2022 Dismissed: 06/07/2023
I-485 filed: 06/17/2023 I-485 Interview: 04/29/2024 I-485 approved: 05/10/2024
Last edited by Demise; 01-27-2019 at 02:27 AM..
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