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  • #31
    Mohan, I have been studying the INS longer than you have been legal in the US. You still did not answer the question (like so many others)...show where a motion to reopen is enforceable against the embassy overseas (hint: a US embassy overseas is NOT, repeat, NOT U.S. territory)...mess with yourself

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    • #32
      One example where it says that Voluntary departure will not abondoned the case and it can be fight from overseas.
      http://www.ca9.uscourts.gov/ca9/newopinions.nsf/C5B420AB9BE1011088256D12007CB6C5/$file/0270259.pdf?openelement

      http://www.ca9.uscourts.gov/ca9/newopinions.nsf/EFBDC03CDF5ED75688256CE700827663/$file/0270259.pdf?openelement

      See page 9

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      • #33
        ...the question was (and is) show where a motion to reopen is enforceable upon an embassy of the United States overseas...it has nothing to do with voluntary departure; the immigration courts made that decision, not the US embassy. The US embassies are not courts of law and the venue for this operation does not take place there. Consular officers do not adjudicate deportation cases or voluntary departure cases or motions for witholding deportation, etc. An alien may certainly pursue his or her case from abroad, but the embassy plays no role in this matter, except perhaps to pass on paperwork as requested by the DOJ.

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        • #34
          motions to reopen be permitted after departure and the proposed rule providing that motions to reopen or reconsider cannot be made by or on behalf of a person after that person's departure from the United States. These commenters contend that this regulation is no longer valid because IIRIRA substituted former section 106(c) of the Act with new section 242. New section 242 of the Act does not contain the provision of former section 106(c) barring judicial review of a final order of deportation or exclusion if the alien departed the United States after issuance of that order. The commenters assert that if a petition for review of habeas corpus is successful, the petitioner should be lawfully entitled to reopen his or her removal case, even though he or she departed from the United States

          READ THE NEW SECTION OF 242 OF IIRIRA

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          • #35
            Dawn: I thought in one of your earlier postings that you stated a consular official did review or look at your papers and told you that you needed a joint sponsor. Do you remember attending an interview with that person?
            If not, then I am certainly sorry that you have been delayed as a result of this oversight.
            I hope that the embassy can put the case back on track and process it to a timely conclusion.
            Good luck.

            Comment


            • #36
              Adjectly, Embassay/consulate are passing the paperwork to respected department within USA but file date is considered the date an alien files the appeal in consulate.
              Of course decision/review can only be taken in EOIR/CIRCUIT courts.
              This provision was started after IRRIRA act of 1996. thats all I was saying.

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              • #37
                Mohan: I think we were on different "wavelengths" regarding this matter. Keep up the good work (and I will too!)

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                • #38
                  Thank you

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                  • #39
                    guest1 - We attended the interview for the I-130. At this time, the Consular Officer asked about our current employement, and since we were both in Egypt without work authorization we were unemployed. At that time she said we would need to find a joint sponsor, but she was only advising us at the time, she had not seen our application because it had been sent back by the clerical staff. We resubmitted the application after I returned to the U.S. and had been working for awhile. This was the time that it was sent back, as I recently found out, by the local clerical staff saying that my income was not sufficient. Obviously, the clerical staff does not have the authority to determine whose income is sufficient which is why we have been asked to resubmit the application. Thanks for the well-wishing. Just over a month now until the baby is due - don't know if my husband will make it.

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