unlawful presence

[medc]

Between the ages 14-20 I was unlawfully present in the US. That was 1992-1997.

In late 1997 I successfully filed for AOS.

In June, 1997 there was an INS memorandum (INS MEMO ON UNLAWFUL PRESENCE -- JUNE 17, 1997 (http://www.americanlaw.com/unlawfulmemo1.html)) that says:

"No period of unlawful presence in the United States prior to April 1, 1997, is considered for purposes of applying section 212(a)(9)(C)(i)(I) of the Act." the reference is to the 10-year bar.

My question is: does anybody know if the above guideline/provision has been reversed or revoked or is it still valid?

[kumar1305]

I think even attorneys may have to refer some papers to answer you.

Here we are a small group of people who are all legal in this country and couldn't do anything much to help our selves.

Don't try to save few bucks, go ask an attorney.

[medc]

thanks. already consulted a couple of attorneys actually, but they all recommended that the very first step is to make a FOIA request and that can take up to a year.

I was just looking to see if anybody else here knew about this.

[desi3933]

Between the ages 14-20 I was unlawfully present in the US. That was 1992-1997.

In late 1997 I successfully filed for AOS.

In June, 1997 there was an INS memorandum (INS MEMO ON UNLAWFUL PRESENCE -- JUNE 17, 1997 (http://www.americanlaw.com/unlawfulmemo1.html)) that says:

"No period of unlawful presence in the United States prior to April 1, 1997, is considered for purposes of applying section 212(a)(9)(C)(i)(I) of the Act." the reference is to the 10-year bar.

My question is: does anybody know if the above guideline/provision has been reversed or revoked or is it still valid?

What category have you filed AOS for?
When was your first entry in US and waht was your visa status?
When was your last entry into USA?


.

[medc]

1. I was petitioned by my stepmother/citizen

2. My first entry was in january 1992 with my european Visa Waiver, but before filing AOS in 1997, I had an additional entry in march 31st, 1997. I used the latter I-94 to file my petition.

3. In 2000 I asked to discontinue my case but never received a reply.

4. in 2000 I permanently left the US.

5. Between 2001-2004 I had 5 entries as a tourist with my european visa waiver. No inconveniences whatsoever.

6. My last entry was in november 2009 and I was detained for 3 hours, then granted entry. But I was told my immigration case was "Inconclusive". So I'm trying to determine the situation and the risk that I may be detained or not allowed to enter in future visits.

[desi3933]

1. I was petitioned by my stepmother/citizen

2. My first entry was in january 1992 with my european Visa Waiver, but before filing AOS in 1997, I had an additional entry in march 31st, 1997. I used the latter I-94 to file my petition.

3. In 2000 I asked to discontinue my case but never received a reply.

4. in 2000 I permanently left the US.

5. Between 2001-2004 I had 5 entries as a tourist with my european visa waiver. No inconveniences whatsoever.

6. My last entry was in november 2009 and I was detained for 3 hours, then granted entry. But I was told my immigration case was "Inconclusive". So I'm trying to determine the situation and the risk that I may be detained or not allowed to enter in future visits.

>> in 2000 I permanently left the US.

Did you leave with Advance Parole?
If not, you may have effectively abandoned your AOS application. You should consider getting professional advice from immigration lawyer.

USCIS - Travel Documents (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=4c790a5659083210VgnVCM100000082ca60aRCR D&vgnextchannel=4c790a5659083210VgnVCM100000082ca60a RCRD)


______________________
Not a legal advice.

[medc]

I used paroles on 3 occasions while I was in AOS.

But in the year 2000 I asked in writting for case to be DISCONTINUED, which means I was choosing to abandon my case. Therefore I didn't want any other parole.

But the point is that I had 6 entries as a normal tourist in the past 10 years and never had any problems until last november.