Withdrawn I751, can alien re-enter country?

[swissnut]

When an I751 is withdrawn by USC spouse, I am presuming that alien will receive some sort of notice that he or she has 60 days to leave country.

What if alien leaves country on a vacation, without having received notice, will he have difficulties re-entering? Will there be something in the computer upon arrival?

[swissnut]

When an I751 is withdrawn by USC spouse, I am presuming that alien will receive some sort of notice that he or she has 60 days to leave country.

What if alien leaves country on a vacation, without having received notice, will he have difficulties re-entering? Will there be something in the computer upon arrival?

[aguila18]

Swissnut:

When are you going to STOP coming to this board asking questions regarding questions that have been answered over and over again. At this point is very obvious to me and I could say to others why your husband chose another woman, you are an extremely obsessive woman.

Please do yourself and MOVE ON WITH YOUR LIFE. You wrote already a letter requesting I-751 withdrawal and that was the last thing you could do, now you have to heal and get over it!

[swissnut]

Aguila:

When I saw that you had answered my post, while I was waiting for the page to reload, I expected another of your insulting posts. But I thought to myself, "now Swissnut, don't be presumptuous, wait and see what he wrote, don't thinlk the worst based on the past".

Well, once again, I tried to see the best in another, only to be disappointed again.

Listen Aguila, my post is a legitimate question, and if you cannot see the validity in it...then please keep your insulting comments to yourself.

For your information, I am not obsessive at all...and far for you to daignose me given the little you know about me. Because you HAVE OT KNOW EVERYTHING IN ORDER TO ACCEPT MY POSTS ON THIS BOARD - here you go! My husband is intending to go back to his home country for a visit at Xmas, I just learned this through the grapevine. Now, I have pending lawsuits against him, Aguila, and they shall not be adjudicated before the end of December. Lawsuits not only pertaining to a divorce either. So you see, I have a real interest in knowing the answer to my question because I would hardly want my spouse not to be able to re-enter so that we can have our day in court.

Your one-sided attitude is getting annoying...

[Still Learning]

I haven't seen this particular question asked and am interested to see what the answer is. I guess if someone wanted to be really constructive they could post the answer(copy & paste) if this question has been posted before. Personally, I think it'd be great if this guy goes on vacation (probably using Swiss's money) and then can't get back in US. I'm sure she'd like to be able to afford a nice vacation.

[aguila18]

If your husband will not attend Court hearings, then you will get default judgment! don't come up with excuses we all know what the intent of your questions are!
Sammy has already written here that once I-751 is withdrawn then alien will receive a letter asking him to leave the country within a period of time (I don't remember if it is 30 or 60 days I think is the later one) but before that alien can ask IJ to file a new I-751 under waiver provisions.

[swissnut]

Aguila:

There's a saying..."Ignorance is bliss" Quite frankly, if I were ignorant I would hardly find life blissful, but to each his own.

Your reply ..." posted November 17, 2003 09:19 AM
If your husband will not attend Court hearings, then you will get default judgment! don't come up with excuses we all know what the intent of your questions are!"

Really Aguila...do you know my intent? Because I don't think one can get a default judgement in the case I am referring to. As I said this is not pertaining to a divorce or an annulment, Aguila. Furthermore, if the alien is forbidden to re-enter, pending his appeal to the IJ, and a default judgement WERE possible (but I seriously doubt that to be the case) how would I prevail on garnishing his income in order to collect on damages, if he were not here earning any money?

Now you also stated that " posted November 17, 2003 09:19 AM
Sammy has already written here that once I-751 is withdrawn then alien will receive a letter asking him to leave the country within a period of time" I distinctly remember that Sammy wrote that it was 60 days, by the way, but my question was that if the alien is not already aware of such a letter on its way, and might leave the country, would there be any record of that in the computer, when he intends to return some three weeks later.

Why is it that you are so insitent upon avoiding the ressence of my question?

Now if the alien is not here, and therfore does not know that such letter has arrived while he has been out of the country, that is another matter entirely.

Aguila, quite frankly I do not think this question has been asked on this board at all. Perhaps rather than insulting me, you can do as Still Learning suggested and simply point me in that direction.

[aguila18]

Swissnut:

I have never insulted you before, if you don't remember I was the one who suggested to initiate a lawsuit against your husband for the agreements he made you sign in regards to assets that were yours prior to marrying him.

I also came up with this response because you previously posted another non-sense post regarding an alien failing to file an AR-11.

Why don't you ask those questions to the attorneys you have retain to file all that paperwork for you, they will know....

[swissnut]

Aguila:

It seems to me, if I can recall correctly, that you are studying law. Isn't that correct?

Then ou of all should know that lawyers, or should I say, most lawyers practise in certain areas of law, not unlike doctors. So why would you think that my family law counsel or criminal counsel would know the answer to an immigration question?

And as far as insults are concerned...once is one too many, and if my recollection serves me correctly, you have taken a very harsh stand with me all along as to WHETHER you believe I am justified in posting on this board, and as to WHETHER is should or should not be concerned with answers to MY questions.

I have not up to this point suggested that your plight for your I751 is obsessive, nor would I fathom a guess as to why. That's just the difference between you and I, I suppose.

[swissnut]

Aguila:

I don;t know, or rather I don;t recall what state you reside in, but as to lawsuits for the Agreements my husband asked me to sign, FYI, any family court judge, when seeing any movement of assets of this sort, timed in such a way, would see through that immediately. Typically, in family law, they do research to see what has and has not been done with assets prior to announcement of divorce, as normal discovery. You should know that, if you are in this field.

So a lawsuit for that is not necessary.

[swissnut]

How quickly we forget, Aguila...

"To swissnut,

Sometimes when I read your posts, you remind me so much to my spiteful wife. I am the alien for whom she filed the joint i-751, if the marriage did not work, was the fault of both ofus, just like your marriage. I think your purpose is just to hurt him, just because .."

[SAMMY]

Hello Swissnut:

How are you doing now? Still hanging in there? Just keep your faith in God, and keep your finger crossed. Hopefully, things will be streighten out for you soon.

Yes, I just realize that your question that you raised above, in fact has never been raised or asked before, so let me give my opionion on that.

Once INS makes any type of decision on any application/petition, they do enter those information in the system right away. Those information won't change if someone won't receive a notice about it from INS [for whatever reasons], or if someone could not able to get that notice because of any given reason, such as if someone is admitted in hospital or traveling in oversees or whatever other reasons. And, Immigration officer around the world, including at POE rely and operate based on the information in the system instead of any other things.

If your husband will be at oversees, and on the otherhand [meantime], his status is cancelled because of withdrawing of I-751, then he won't be able to return to US under the same status that he was holding prior to leaving to abroad. Subsequently, he needs to get another kind of visa or gets his VWP reinstated if he wants to be readmiited to US. The chances of getting another visa or reinstating his VWP, are entirely depend on American govt even though he would have very complelling reason to be in US. I personally don't think that a person could able to enter US on nonimmigrant visa if s/he had ever showed immigrant intent in the past, because US govt would then know already that such person had immigrant intent previously. And for the purpose of nonimmigrant visa, applicants must need to prove their nonimmigrant intent contrary to immigrant intent. However, US govt does issue nonimmigrant visa in certain situations, and sometime they even forgive even if someone has shown 'proven immigrant intent' previously. So, the answer to your question is that withdrawing I-751 won't stop him to reenter to US in the future so long he can get another entry visa, but he won't be able to return under the same status that he was holding prior to leaving if such status is revoked/cancelled meanwhile when he would be at oversees.

As far as your other questions, like how you would be able to garnish anything out of him or get paid anything if you win in lawsuits, if he won't be able to come back here, then let me tell you something-Immigration is a federal matter and divorce or those financial matters are state matter. As you know federal laws rule over any state laws. You can not mingle both laws together. Under the immigration laws, it doesn't matter to govt how compelling reason would be for someone to be in US, govt won't issue visa to them if they can not be found admissible to US under immigration laws. That's why, you may have heard that US Consulates usually refuse nonimmigrant visa to those who even claim that they need to be with their relatives in US who are dying or died already [for funeral purpose]. Basically, what I am trying to tell you is- it doesn't matter to govt how you would get those lawsuits settled if your husband won't be here, nor it won't be matter to them that how your husband would defend himself if he won't be allowed to return to US to defend himself against lawsuits, because a person can defend himself thru representing by an attorney as well. Nevertheless, US Consulates do issue nonimmigrant visa sometimes to a person if the purpose to be in US is 'involvement in lawsuits or court proceedings', but it would all depend on the nature of the lawsuits, I meant -how serious the lawsuit is, and how nice is consulate officer in order to issue visa in those circumstances, since granting a nonimmigrant visa is entirely depend upon consular's satisfaction. Take care and Good luck.

If your husband won't appear in court either in person or thru representing an attorney, then you may win most of lawsuits based upon default judgement, but when there is a monetary issues are involved, then parties still need to prove their cases to judge even if other party doesn't show up in the court. So, you won't get default judgement on financial issues without proving those first. If your husband won't be here or won't be able to allowed to return to US, then after winning those financial lawsuits, you can try to find out his country's laws in respect to civil matter to satisfy other countries' civil judgements. You may contact his country's embassy over here, or any attorney in his country to find how to satisfy US Court's judgement in his country. You may get the listing of his country's attorney from his country's embassy over here. Because, some countries do honor other country's court orders/judgements. This is the only way, you can satisfy US court order, otherwise you can not do anything even though you would want to satisfy those judgments very hopefully.

[swissnut]

Sammy:

I guess I should have been more specific when I asked my question, because I forgot to ask you. If the I751 has been withdrawn and BCIS is issuing a 60 day notice for deportation, but alien is already out of country and tries to return BEFORE the 60 days is up, will he be able to re-enter, or would BCIS detain him at port of entry?

[swissnut]

Sammy;

But the way, thank you for asking...I'm doing a little better trying to get used to all of this. But I am working hard on recovery.

Thanks for your kindness and your help.

[josephine schmo]

Sammy, you're awesome! Ever think of going into teaching?