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  • Originally posted by short_timer View Post
    Needless to say I am now bwgining the appeals process through the Merit Systems Protection Board ( mspb.gov ) If anyone out there has (or knows someone) any experience with this process please help me out. This is my last shot and I want to make it count.
    Wow. Good luck with that. If they made their decision off of a NOPA, then I think you are done. You are fighting fire with fire. This is more of a CIS issue and CBP, which is whom you are applying with. MSPB most likely will deny your case due to the circumstances. She is simply an overstany and can be sent back to Mexico. Once her visa was up, she should have returned and applied to come back. B1/B2 is good for 1 year. You should have brought her over as a K-1, then married her. Might have been easier. Anyway. Good luck.
    "An excuse is worse and more terrible than a lie, for an excuse is a lie guarded."

    Comment


    • Originally posted by TPA3312 View Post
      Well, today is day 120 waiting in TSU, and officially I am done. I have waited long enough hoping today will be the day, and it never comes. Right now I am just going to move on from a CBPO position. Maybe they will call one day, but if of is a decrease in pay I will say thanks but no thanks.

      I would like to say thanks to Yoda, Barnaj, and of course Merlin. They all were a bunch of help navigating though this process.

      I'm sorry if I forgot anyone else. Good bye everyone and good luck.

      TPA signing off.
      Well TPA I definitely feel your frustration considering I've been in TSU since 2/19/09 for Miami right after they were calling people only after a week of being in TSU. I been gave up on the excitement of this new job and now I am seeking other opportunities. If I get the call then I will weigh my options at that point but for me I have to take control of my own destiny. So good luck.
      Last edited by trappb; 06-16-2009, 12:56 PM.
      Miami by way of Chicago
      Test 8/4/08
      TO 11/13/08
      Drug Test 11/13/08
      VBT 12/11/08
      Physical 12/16/08
      Qual 1/10/09
      Met BI 1/5/09
      BI cleared 2/19/09
      TSU 2/20/09

      Comment


      • Originally posted by short_timer View Post
        Well I got letter saying I was found 'unsuitable' for the job 'cause of "Criminal Conduct".....A quick rundown of my 'criminal' past for you....I married a Mex. Natn'l, when it came time to begin her residency process, we were told by USCIS that she needed to start living here during the process. So she came to the US with me (she crossed legally w/ her B1/B2 Visa).We got an imm. lawyer, he also told us to stay in the US.The process took 8 mos. Her visa only lets her stay 6mos. So now according to CBP I am a criminal...by the way during her 8 mo wait ,she was told by both parties that it was FORBIDDEN to step a foot in mexico during this process.
        Short timer,

        Any Immigration Attorney can tell you that she was not theoretically "in-status" at the time but she certainly wasn't "out-of-status" at that time. Take a look at the following: "Treatment of Adjustment Applications for Purposes of Determining Unlawful Presence Under INA 212(a)(9)(B): (Citation at AILA Infonet Doc. No. 00060201 June 2, 2000):

        "In general, aliens who have a pending application to adjust status to permanent residence under INA 245 are considered in a period of authorized stay for purposes of INA 212(a)(9)(B). Therefore, such aliens would not accrue any unlawful presence for 9B purposes during the pendency of the application to adjust status."

        I'm assuming of course that you filed her A/S petition before her B-2 status ran out. If you don't feel ok to tackle this yourself I would recommend you get an Immigration Attorney to help you.



        I hate to do this but:

        These materials have been prepared for informational purposes only and does not represent legal advice. The information contained herein does not create a lawyer-client relationship. No one should act upon this information without seeking professional counsel. Please be aware that if you communicate with us by e-mail or otherwise in connection with a matter for which we do not already represent you, your communication may not be treated as privileged or confidential.
        CBPO:
        EXAM: 8/08
        NOR: 9/9/08 - 98
        T.O.: 2/2/09
        GEO - E. TX
        Forms - 2/6/09
        Quals - 4/13/09
        Med - 2/27/09 Clr 4/10/09
        VBT - 3/10/09 Clr 4/6/09
        UDS - 6/24/09
        BI - Met w. B.I. 4/12/09 clr 7/2/09
        Fitness - 3/9/09
        TSU - 7/2/09
        ___________________

        Law Enforcement Specialist (ICE)
        GEO: VT
        NOR: 99 (GS-11)
        T.O.: 10/28/09
        B.I.: clr 3/12/10
        E.O.D.: 4/11/2010!!!

        Comment


        • Petey, 212 doesn't apply to this gal unless she was previously removed, which is what 212 (a)(9)(B) "Aliend unlawfully present. If she was here on a b1/b2 visa then she was lawfully admitted and inspected.

          The INA has severley changed since 2000. It's 2009.

          245 is only for those that were admitted for permanent residence. B1/B2 is a visa, not a LPR.
          "An excuse is worse and more terrible than a lie, for an excuse is a lie guarded."

          Comment


          • Originally posted by Peteylaw06 View Post
            Short timer,

            Any Immigration Attorney can tell you that she was not theoretically "in-status" at the time but she certainly wasn't "out-of-status" at that time. Take a look at the following: "Treatment of Adjustment Applications for Purposes of Determining Unlawful Presence Under INA 212(a)(9)(B): (Citation at AILA Infonet Doc. No. 00060201 June 2, 2000):

            "In general, aliens who have a pending application to adjust status to permanent residence under INA 245 are considered in a period of authorized stay for purposes of INA 212(a)(9)(B). Therefore, such aliens would not accrue any unlawful presence for 9B purposes during the pendency of the application to adjust status."

            I'm assuming of course that you filed her A/S petition before her B-2 status ran out. If you don't feel ok to tackle this yourself I would recommend you get an Immigration Attorney to help you.



            I hate to do this but:

            These materials have been prepared for informational purposes only and does not represent legal advice. The information contained herein does not create a lawyer-client relationship. No one should act upon this information without seeking professional counsel. Please be aware that if you communicate with us by e-mail or otherwise in connection with a matter for which we do not already represent you, your communication may not be treated as privileged or confidential.
            She's a 212 (a)7(A)1.

            Comment


            • wow,..I thought all I was getting was a 'good luck'...Thank you guys very much. After reading over the laws you guys suggested I found that she was indeed protected for the time she was here. Now I just have to convince these guys at CBP and/or MPSB

              Comment


              • just got my NOR

                now the waiting begins.....

                Comment


                • Does anyone know what the deal is regarding family or medical emergencies while at FLETC? Do they disqualify you if you are forced to leave for a certain period due to the death/life threatening event of a loved one or a personal medical crisis?
                  CBPO
                  GEO - NY/JFK
                  TEST - 03/08 (NOR: 04/08)

                  TO - 01/09
                  PE Forms - Completed
                  Fitness - Completed
                  VBT - 03/09 - Completed
                  Drug Screen - Completed
                  Qual - 05/09 - Completed
                  B.I. - 05/09 - Completed
                  Medical - 05/09 - Completed
                  TSU


                  EOD: ???
                  FLETC: ???

                  Comment


                  • and on top of that, how do they deal with holidays?

                    Comment


                    • Originally posted by irishlad2nv View Post
                      Petey, 212 doesn't apply to this gal unless she was previously removed, which is what 212 (a)(9)(B) "Aliens unlawfully present. If she was here on a b1/b2 visa then she was lawfully admitted and inspected.

                      The INA has severley changed since 2000. It's 2009.

                      245 is only for those that were admitted for permanent residence. B1/B2 is a visa, not a LPR.
                      I never disputed that she was lawfully admitted in B-2 and inspected. However, if you start to overstay (after your lawful period of admission is) ***and then leave the United States*** that is where you could theoretically run into problems, you don't trigger re-entry bars until you leave the United States with more than 6 months of unlawful presence.

                      Also 212 (a)(9)(B) deals with unlawful presence, 212 (a)(9)(A) deals with previous removal.

                      Just so you know, as an AILA attorney, I verified that the information is current and valid. Just because a memo is dated in 2000 does not mean that the information contained therein is inaccurate. Many of our laws have been in existence and valid for hundreds of years.

                      As for 212(a)(7) I am assuming her B-2 was valid upon entering the U.S. But in order to A/S she doesn't need to be in status as long as she was lawfully admitted when requesting to do so at the POE. And the memo above supports that she was in lawful status during pendency of her A/S case. Besides, if she was inadmissible she ould have had trouble getting her green card.

                      Short time,

                      I would also mention that during that time period you were under the impression (because of your attorney) that she was lawfully in the United States and that you did not intend to break any such laws if you did in fact do so. Good luck!
                      Last edited by Peteylaw06; 06-16-2009, 04:15 PM.
                      CBPO:
                      EXAM: 8/08
                      NOR: 9/9/08 - 98
                      T.O.: 2/2/09
                      GEO - E. TX
                      Forms - 2/6/09
                      Quals - 4/13/09
                      Med - 2/27/09 Clr 4/10/09
                      VBT - 3/10/09 Clr 4/6/09
                      UDS - 6/24/09
                      BI - Met w. B.I. 4/12/09 clr 7/2/09
                      Fitness - 3/9/09
                      TSU - 7/2/09
                      ___________________

                      Law Enforcement Specialist (ICE)
                      GEO: VT
                      NOR: 99 (GS-11)
                      T.O.: 10/28/09
                      B.I.: clr 3/12/10
                      E.O.D.: 4/11/2010!!!

                      Comment


                      • got the call this morning!!!!!EOD is 6/29/09
                        Last edited by PureLife23; 06-16-2009, 04:05 PM.

                        CBPO
                        * EXAM: 3/3/09
                        * NOR: 3/9/09 (95%)
                        * TO: MID APRIL
                        * PRE-EMPLOYMENT FORMS: 4/16/09COMPLETED
                        * MEDICAL/PHYSICAL: 5/1/09 COMPLETED
                        * DRUG TEST: 5/14/09 COMPLETED
                        * VBT: 6/15/09 :COMPLETED
                        *QUALIFICATION: 5/28/09 (GS-7) COMPLETED
                        *BI: 6/11/09 COMPLETED
                        *!!THE CALL!!: 6/16/09
                        *EOD: 6/29/09

                        *FLETC: CLASS 961 7/23 - 11/04


                        BPA
                        *EXAM: 4/16/09 (86%)
                        *TO: ???

                        ICE IEA
                        *EXAM: 6/11/09 PASSED (Not interested anymore )

                        Comment


                        • Originally posted by PureLife23 View Post
                          got the call this morning!!!!!EOD is 6/29/09
                          Wow did you move fast....I just got my NOR, hope I'm as lucky for Philly lol
                          ATF 1811 SA
                          Applied - 10/13/09

                          CBPO (GEO - Philadelphia)
                          Written Test - 5/11/09
                          NOR (87) - 6/10/09

                          ICE IEA (GEO - Philadelphia)
                          Written Test - 6/1/09
                          NOR (88.9) - 6/22/09

                          ICE 1811 SA
                          Written Test - 7/28/09
                          Written - Passed - 8/10/09
                          NOR (80.5 ugggh)

                          Comment


                          • yeah a little over 3 months, thats crazy?!

                            Comment


                            • Originally posted by PureLife23 View Post
                              got the call this morning!!!!!EOD is 6/29/09
                              Are you serious!.. you got call within 3 month? AMAZING! Hopefully they start hiring now!!!

                              Comment


                              • oh i forgot, CONGRATS!

                                Comment

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