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DAP Forums > DREAM Act > The Lounge

“aggregate” period of more than 1 year

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#1
04-10-2019, 12:27 PM
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Skymusic
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I was reading the “aggregate period of more than 1 year” also applies when one was a minor? But what they mean aggregate? I had a tourist border crossing card and i would come and back every weekend and during the week. The day they caught me and my family was January 12 and sent me back to Mexico and cancelled my visa. In my foia says “last data of entry January 6” “Day of incident January 12”. So I only accumulated around 6 days?
I’m scared when i go to CDJ for interview they might give me permanent bar
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#2
04-10-2019, 12:38 PM
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This is not a news article.
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#3
04-10-2019, 12:48 PM
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It is asking if you were unlawfully present in the US more than one year, continuously or the combination of multiple times (aggregate). If you were unlawfully only a few days, I would not worry about that specifically.

Are you saying that after they cancelled your visa you entered without inspection? If so, then the next question is... what does the FOIA say about your disposition (return)? Voluntary Return or Expedited Removal?

Voluntary Return would be ideal. Expedited Removal would be very bad news, because it means that you were inadmissible for X number of years. If you broke that rule and entered without inspection before the X number of years, then you'll trigger the permanent bar when you leave the US for a visa interview.

The unlawful status does not apply to minors, but minors are NOT exempt from the permanent bar.

May be a good idea to talk to a lawyer.
Last edited by trac3rt; 04-10-2019 at 12:50 PM..
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#4
04-10-2019, 12:54 PM
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isk84life
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Talk to a lawyer skymusic. How long did it take for your FOIA to come back with results?
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#5
04-10-2019, 01:04 PM
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Quote:
Originally Posted by isk84life View Post
Talk to a lawyer skymusic. How long did it take for your FOIA to come back with results?
I recently received my CBP FOIA results. It took 6 months.
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#6
04-10-2019, 04:06 PM
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How did you all submit FOIA’s? Online? Mail?

Through a lawyer or self filed?

What did you guys put in description?
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#7
04-11-2019, 12:16 AM
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Hey tracert! Thanks for answering! Yes the next couple of days after sent as voluntary return i came back to the US still as a minor. So that’s literally my first ewi. My foia says i had voluntary return in violation of my non immigrant visa. Like god damn it i was a kid and not aware of my own decisions. I was 13 years old when that happened so if it was for my i would be doing everything the right way
Quote:
Originally Posted by trac3rt View Post
It is asking if you were unlawfully present in the US more than one year, continuously or the combination of multiple times (aggregate). If you were unlawfully only a few days, I would not worry about that specifically.

Are you saying that after they cancelled your visa you entered without inspection? If so, then the next question is... what does the FOIA say about your disposition (return)? Voluntary Return or Expedited Removal?

Voluntary Return would be ideal. Expedited Removal would be very bad news, because it means that you were inadmissible for X number of years. If you broke that rule and entered without inspection before the X number of years, then you'll trigger the permanent bar when you leave the US for a visa interview.

The unlawful status does not apply to minors, but minors are NOT exempt from the permanent bar.

May be a good idea to talk to a lawyer.
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#8
04-11-2019, 12:16 AM
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Quote:
Originally Posted by isk84life View Post
Talk to a lawyer skymusic. How long did it take for your FOIA to come back with results?
Honestly it did take like 4-6 months I totally forgot i asked for it. It was the cbp
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#9
04-11-2019, 12:17 AM
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Quote:
Originally Posted by Alby View Post
How did you all submit FOIA’s? Online? Mail?

Through a lawyer or self filed?

What did you guys put in description?
I did it online man and it was free if i can recall
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#10
04-11-2019, 10:29 AM
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Quote:
Originally Posted by Alby View Post
How did you all submit FOIA’s? Online? Mail?

Through a lawyer or self filed?

What did you guys put in description?
Hi Alby,

For CBP, you can submit the request online at the following website:
https://foiaonline.gov/foiaonline/action/public/request

I filed it on my own. Description was:

I request a copy of all relevant documents and information surrounding the following incident:

Encounter with Customs and Border Patrol (CBP)
Name: your name
DOB: your date of birth
Alias: name you gave to CBP during encounter, if different than above
DOB on record: date of birth you gave to CBP during encounter, if different than above
Date of encounter: on or around, date
Location of encounter: approximate location

Thank you for your consideration of this request.


NOTE: If you gave CBP an alias (fake name), and you don't know/remember what alias you gave them, they will not find your record. The best thing you can do is do an OBIM FOAI request, wait for the results, then submit a CBP FOAI with the results of the OBIM FOIA.

Let me know if you have any questions about the OBIM FOIA. I had to do this for my case.
Last edited by trac3rt; 04-11-2019 at 10:36 AM..
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