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AOS via u visa

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  • AOS via u visa

    Applied for green card April 2020.
    RFE received April 2021 on explanation of travels I made since I received u visa.

    I have 176 days out of country when applied to green card. I thought I can travel after receiving EAD combo card and it doesn't count against physical presence requirement. However, I found that it does count.

    Do I lose green card eligibility?

    How can this be fixed?

  • #2
    seva,

    Did you mention all your out of country visits in your affidavit? Did you had any visit more than 90 days? When did you made this travel, after applying AOS or before?

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    • #3
      does 918b expired? i got signature on old 918b form for aos, but i have to file it novemver

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      • #4
        No visits more than 90 days, but I accrued close 180 then applied for green card. After 6 months received combo card. I thought I can travel and it doesn't count towards continuous presence. I travelled less than 90 days but aggregate exceeds 180 now

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        • #5
          I didn't get recertified @ September 2014

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          • #6
            @ seva, did u file yourself? or attorney? is your case was still open or closed? what did you say in statment?

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            • #7
              Originally posted by seva View Post
              No visits more than 90 days, but I accrued close 180 then applied for green card. After 6 months received combo card. I thought I can travel and it doesn't count towards continuous presence. I travelled less than 90 days but aggregate exceeds 180 now
              did you mention/disclose all your visits in your affidavit?

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              • #8
                Filed with attorney. Case closed. My statement was about my present life and ties to this country.
                I remember listing my trips in the attorney form but di not remember discussing it in my statement.

                Maybe it will help someone please do not travel in aggregate 180 up until you get your green card.
                I am not sure what to do now

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                • #9
                  Originally posted by seva View Post
                  Filed with attorney. Case closed. My statement was about my present life and ties to this country.
                  I remember listing my trips in the attorney form but di not remember discussing it in my statement.

                  Maybe it will help someone please do not travel in aggregate 180 up until you get your green card.
                  I am not sure what to do now
                  Your best bet is to respond to the RFE and list your trips for those 3 years with date destination POE manner and reason.

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                  • #10
                    I will but it also specifically says add additional trips to those that are not included in RFE list

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                    • #11
                      Originally posted by seva View Post
                      I will but it also specifically says add additional trips to those that are not included in RFE list
                      I guess talk to your lawyer and see what he suggest, and this point i think being honest would be ideal.

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                      • #12
                        Yes, thank you. I just wanted to see if anyone had similar situation

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