New change to the aos policy?

[newacct]

So let?s be clear...

Someone comes on a b2 visa, one month to go starts AOS. 5 months later miss an RFIE get AOS denied. You think if that person leaves day of AOS denied will result in a 3 year ban and not able to apply for cr1 once home?

No, they won't get a 3-year/10-year 9B ban for accruing 180 days/1 year of "unlawful presence" and leaving, since one does not accrue "unlawful presence" while AOS is pending.

However, if they are asked to appear in removal proceedings, and are ordered removed, they will have a 10-year 9A ban due to being ordered removed. They can ask for voluntary departure in removal proceedings, and if granted voluntary departure and they leave according to the conditions, they aren't considered removed and won't trigger the 9A ban, but they will accrue "unlawful presence" up until they are granted voluntary departure, so that may trigger a 9B ban depending on how long that is. If they leave the US and don't attend removal proceedings, they can be ordered removed in absentia, and still get the 10-year 9A ban, as well as a 5-year 6B ban for failure to attend removal proceedings.

[Camero2016]

Let hope for the best

Hi everyone,

While the new policy does add more risk to the AOS process, I believe that we need to remain optimistic about having a positive outcome. The majority of USCIS agents are not out to hurt people and separate families. As long as it is a legitimate adjustment of status, then the case should be straight forward. Let's all hope for the best and good luck to everyone with this long process.

[josger]

Hi everyone,

While the new policy does add more risk to the AOS process, I believe that we need to remain optimistic about having a positive outcome. The majority of USCIS agents are not out to hurt people and separate families. As long as it is a legitimate adjustment of status, then the case should be straight forward. Let's all hope for the best and good luck to everyone with this long process.

Thanks for reminding me of this.

[cali2018]

Hi everyone,

While the new policy does add more risk to the AOS process, I believe that we need to remain optimistic about having a positive outcome. The majority of USCIS agents are not out to hurt people and separate families. As long as it is a legitimate adjustment of status, then the case should be straight forward. Let's all hope for the best and good luck to everyone with this long process.

Well said. There is a rule of law and a process here no one wants to ban someone for filing an RFE wrong. Its massively not even close to Facism...look at Turkey and Saudi Arabia, who are monthly revoking citizenships from naturalized people, that is facism.

[Tezza]

Immigration is under a microscope with the Trump administration, so naturally people undergoing immigration at this time, like us, are nervous. But essentially USCIS will be happy to grant cases that are legitimate. If you have nothing to hide and you tell the truth, they will see that, it's what they're trained for. Personally I feel like the officer we had for our interview decided to approve us because as a couple we are good together. I felt like he felt our chemistry when talking about each other and our family. Which was very important as we lacked a lot of financial documents due to having the interview before getting EAD/SSN, so we relied heavily on showing him the real us in the interview as well as some evidence of our everyday relationship, and it came through to him.

People that have nothing to hide and that are truly trying to AOS for a genuine reason whether it be a bona fide marriage with a USC or something else, will be fine. Think positive, take people's advice on this forum, do everything you're asked and more, and you will find it's not nearly as bad as your mind paints. My imagination ran wild and the image I had of our interview was absolutely nothing like it was.

With immigration scrutiny as it is, it's important we don't lose hope and faith in ourselves and the process, despite what's going on in Washington.

[wimon]

No, they won't get a 3-year/10-year 9B ban for accruing 180 days/1 year of "unlawful presence" and leaving, since one does not accrue "unlawful presence" while AOS is pending.

However, if they are asked to appear in removal proceedings, and are ordered removed, they will have a 10-year 9A ban due to being ordered removed. They can ask for voluntary departure in removal proceedings, and if granted voluntary departure and they leave according to the conditions, they aren't considered removed and won't trigger the 9A ban, but they will accrue "unlawful presence" up until they are granted voluntary departure, so that may trigger a 9B ban depending on how long that is. If they leave the US and don't attend removal proceedings, they can be ordered removed in absentia, and still get the 10-year 9A ban, as well as a 5-year 6B ban for failure to attend removal proceedings.

Thanks very much for the professional interpretation! So in this case you are looking at either (1) Best case scenario: wait for the court date which may be 5-10 years later. During which time you can?t leave the country nor legally work or drive. You finally get approved during the removal proceedings. You get the green card after this 5-10 years waiting in prison effectively. (2) same as (1) you wait for the proceedings. You get denied and deported. You get 5 or 10 year ban due to unlawful presence during the wait. (3) you leave the country as soon as NTA. You get the 15 year ban.

All these could be due to a clerical error of USCIS or even USPS for losing your interview notice and they will deny your 485 based on missed interview. Please tell me if this is fascism in nature or not.

[wimon]

Immigration is under a microscope with the Trump administration, so naturally people undergoing immigration at this time, like us, are nervous. But essentially USCIS will be happy to grant cases that are legitimate. If you have nothing to hide and you tell the truth, they will see that, it's what they're trained for. Personally I feel like the officer we had for our interview decided to approve us because as a couple we are good together. I felt like he felt our chemistry when talking about each other and our family. Which was very important as we lacked a lot of financial documents due to having the interview before getting EAD/SSN, so we relied heavily on showing him the real us in the interview as well as some evidence of our everyday relationship, and it came through to him.

People that have nothing to hide and that are truly trying to AOS for a genuine reason whether it be a bona fide marriage with a USC or something else, will be fine. Think positive, take people's advice on this forum, do everything you're asked and more, and you will find it's not nearly as bad as your mind paints. My imagination ran wild and the image I had of our interview was absolutely nothing like it was.

With immigration scrutiny as it is, it's important we don't lose hope and faith in ourselves and the process, despite what's going on in Washington.

The scary thing is there?s no guarantee that they will approve your petition even if everything is textbook perfect. They can deny it due to any mundane technicalities and clerical errors on their part.

We have seen cases where peoples 485 got denied due to USPS lost the interview notice and they didn?t appear for the interview and the USCIS denied their petition based on this. Under the new policy, the applicant will be placed under NTA immediately and face 5 to 10 year ban or wait without ability to travel drive or work. Even for a clerical error by USCIS.

THIS BEYOND SCARY. it?s so unreasonable and yet it?s not against the law for this administration to do this. At least previously people can have some relief to have the option to leave volunteerly to their home country without triggering a ban and file for CP. Not anymore.

[longee94]

The scary thing is there?s no guarantee that they will approve your petition even if everything is textbook perfect. They can deny it due to any mundane technicalities and clerical errors on their part.

While true, from what I gather, USCIS is pretty forgiving in the AOS process- especially for family based applicants. My attorney told me that the beauty of AOS is that unless there is something glaring, applicants will almost always win them. Whereas previous overstays or criminal records can make applicants ineligible for certian visas, they don't always sink an AOS.