A friend abandoned her pending AOS(245I) as she became a perm resident of another country. She left the USA 4 years ago and since then has visited the US several times on a visitors visa. However a friend is adamant that the 10 years multiple visa was issused in eror as my friend should of been subject to a 10 year ban. Is this true. Does she need to apply for a waiver after the fact that she has received a visa or what?
Originally posted by ella: A friend abandoned her pending AOS(245I) as she became a perm resident of another country. She left the USA 4 years ago and since then has visited the US several times on a visitors visa. However a friend is adamant that the 10 years multiple visa was issused in eror as my friend should of been subject to a 10 year ban. Is this true. Does she need to apply for a waiver after the fact that she has received a visa or what?
She won't be subject to the ban if she left immediately following the withdrawal of her AOS (no illegal presence acquired). The fact she's issued a visa support the notion there isn't any ban affecting her, especially if she has use it multiple times to enter the USA.
Originally posted by marmaduk: She won't be subject to the ban if she left immediately following the withdrawal of her AOS (no illegal presence acquired).
What if she had overstayed before applying for adjustment? She was adjusting under 245i.
What happen was she just left the US and didnt notify US immigration that she was abandoning the adjustment, when she went to land at the Vancouver border(She got perm resident fromm Canada). the immigration officer at the border made her sign a document stating that she is abandoning her AOS and that was it. She did overstay before adjusting her status.
Originally posted by aneri: What if she had overstayed before applying for adjustment? She was adjusting under 245i.
The overstay counter for the purpose of determining 3 & 10yr ban won't start accumulating until 4/1997. So an argument can be made that the person in question never accumulated overstay to satisfy the ban requirement to begin with, providing she meet such criteria (filing AOS under 245i before that date).
I'll agree though, that CBP probably doesn't think she has incurred any illegal presence, just because she's under valid AOS status.
Yes on her visa application she stated everything and the person interviwing asked her several questions. She did her undergraduate and graduate studies all in the US. This is quite strange, so we can conclude that the visa was issused to her in error.
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